News & Analysis as of

Surveillance Corporate Counsel

Littler

D.C. Circuit Rejects NLRB Surveillance Decision as “Nonsense”

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Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance...more

Fisher Phillips

3 AI Bills in Congress for Employers to Track: Proposed Laws Target Automated Systems, Workplace Surveillance, And More

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Employers that use artificial intelligence – and developers that create AI systems – could be subject to extensive new laws under several bills introduced by federal legislators. While much of the existing legal landscape on...more

Proskauer - Labor Relations Update

Appellate Court Rejects NLRB’s Findings in Employer Surveillance Case as “Nonsense”

Declaring the NLRB’s rationale to be “nonsense,” on March 26, 2024, a unanimous three-judge panel for the United States Court of Appeals for the District of Columbia in Stern Produce Company Inc v. NLRB, refused to enforce...more

BakerHostetler

In Case You Were Focused on the Holidays and Not the FTC - It’s COPPA and Facial Recognition Time

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The FTC has become big on the late December surprise. In late December 2022, the agency announced the health claims guidance, which was quite a big deal for advertisers. This December there were two late December...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Focuses on When Video Cameras Can Create an ‘Unlawful Impression of Surveillance’

In a decision relevant for employers utilizing video surveillance equipment in the workplace and those considering the installation of video cameras, the National Labor Relations Board (NLRB) concluded that an employer...more

Foley & Lardner LLP

NLRB Expands Focus to Worker Debt and Surveillance

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Last week, the National Labor Relations Board (NLRB) entered into an information sharing agreement with the Consumer Financial Protection Bureau (CFPB), intended to crack down on “employer-driven debt” as well as worker...more

Fisher Phillips

U.S. Company’s Mandatory Video Surveillance Violated Dutch Remote Workers’ Fundamental Right to a Private Life

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A U.S.-based employer faced legal consequences after it terminated a remote employee in the Netherlands who refused to keep his camera on for the whole nine-hour workday. The Dutch Court held that the dismissal of the...more

Bradley Arant Boult Cummings LLP

Pet Stairs, Wiretapping, and Cookies: Implications of the Third Circuit’s Popa Opinion

The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more

Wiley Rein LLP

FTC Launches Rulemaking on Fee Disclosures and Practices Across Industries

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On October 20, 2022, the Federal Trade Commission (FTC) announced the launch of a new rulemaking process to address how fees are charged for goods or services, focusing on potentially “deceptive or unfair” fees that the FTC...more

Fenwick & West LLP

Reviving the Privacy Shield? New US Executive Order Seeks Reinstatement of Privacy Shield for EU-US Data Transfers

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There is new hope for companies that transfer data from Europe to the United States that the return of a less administratively burdensome mechanism is on the horizon...more

BakerHostetler

Nine Things You Should Know About the New FTC Rulemaking on Privacy and Targeted Advertising

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​​​​​​​Earlier this week, the Federal Trade Commission (FTC) announced that it was initiating a rulemaking to “crack down on harmful commercial surveillance and lax data security.” More specifically, the agency issued an...more

Wiley Rein LLP

FTC Launches National Privacy Rulemaking

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On August 11, 2022, the Federal Trade Commission (FTC) released its much anticipated advance notice of proposed rulemaking (ANPR), titled “Trade Regulation Rule on Commercial Surveillance and Data Security.” The ANPR is the...more

Akerman LLP - HR Defense

The Boss is Watching – But Many States Impose Requirements for Surveillance at Work

With the rise of remote work, employers are increasingly considering measures to monitor employee’s work, whether for security purposes, or to monitor productivity. But employers take note: some states are starting to weigh...more

Stikeman Elliott LLP

Continuous Video Surveillance of Employees: Psychological Harassment?

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Case law recognizes that constant and continuous video surveillance of employees may constitute an unreasonable working condition, and thus violate section 46 of Québec’s Charter of Human Rights and Freedoms (“Charter”), when...more

Robinson+Cole Data Privacy + Security Insider

Surveyors v. Drone Photographers: First Amendment Debate

A lawsuit filed in North Carolina claims that, under the First Amendment, surveyors cannot stop drone operators from selling photos taken from above and making maps....more

Vinson & Elkins LLP

UK Privacy Adequacy In Danger? Mass Surveillance Limited By The CJEU

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On October 6, 2020, the Court of Justice of the European Union (the “Court”) ruled that principles of EU law prevent Member States from requiring a provider of electronic communications services to indiscriminately retain...more

Orrick, Herrington & Sutcliffe LLP

Face-off on Use of Biometric Technology in the UK

In one of the world’s first test cases regarding the legality of the use of automated facial recognition and biometric technology, on 11 August 2020 the English Court of Appeal handed down judgment in R (Bridges) v CC South...more

Lowenstein Sandler LLP

The EU-U.S. Privacy Shield Invalidated: What It Means For U.S. Companies

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The Court of Justice of the European Union (CJEU) Invalidates the EU-U.S. Privacy Shield- On July 16, 2020, the CJEU invalidated the EU-U.S. Privacy Shield (the Privacy Shield) in its decision in Facebook Ireland v. Schrems...more

Perkins Coie

Proposed Washington Privacy Act Tracks GDPR and CCPA Protections and Emphasizes Facial Recognition

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Washington state has joined the growing ranks of states considering data privacy legislation in the wake of the European General Data Privacy Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Senate Bill 5376,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Agreement on Privacy Shield Set to Become Final in Early July

On June 24, 2016, the European Commission announced that it had reached a final agreement with the United States on the terms of the EU-U.S. Privacy Shield, which will permit U.S. companies to transfer the personal data of...more

NAVEX

Workplace Privacy: What Every CCO Needs to Consider

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Most of us go through our daily lives unthinkingly assuming that our actions, movements and conversations are private. However, in today’s high tech and connected world, that is no longer the case. If you drive a car, carry a...more

Fisher Phillips

Monitoring Employees: How Far Can You Go?

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As shifting privacy lines allow employers to reach further and further into employee conduct, it’s increasingly important that you know the legal limits. Many employees will question the legality of increased employer...more

Snell & Wilmer

A Brief Survey of Current and Future Developments in Privacy, Data Protection and Cyber Security Law

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The challenges confronting corporate counsel regarding privacy, data protection and cyber security have never been more daunting: dealing with the threat of increasingly sophisticated cybercriminals, responding to data breach...more

BakerHostetler

The Dust Has Settled, But the Issue Remains: How Can Employers Avoid Liability for Monitoring Their Employees’ E-mails and...

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Earlier this year, a commotion was caused when it became public that Harvard University had monitored, accessed, and reviewed several Harvard deans’ e-mails as part of an internal investigation....more

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