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The Information Commissioner’s Office (ICO) has recently published guidance for employers on monitoring workers lawfully, transparently and fairly. The guidance aims to protect workers’ data protection rights and help...more
NLRB General Counsel Jennifer Abruzzo is pressing for stricter enforcement against the use of workplace technologies to monitor employees. As a result, employers should consider the National Labor Relations Act (the “Act”)...more
Keypoint: As of May 7, 2022, New York employers that monitor or intercept employee emails, internet usage, or telephone communications must provide written notice to those employees....more
New York will soon require employers to provide written notice to employees if they monitor or intercept employee telephone conversations or transmissions, emails, or internet access or usage. As discussed in our prior...more
Datatilsynet Norway has issued a helpful guide on the data protection aspects of employee monitoring, which are helpful for GDPR, but also for California employers with CPRA bringing employee rights into play in 2023....more
On November 8, 2021, New York amended its Civil Rights Law to require employers to notify employees if their use of e-mail, telephone systems, computer systems and the like are subject to monitoring or interception by the...more
On November 8, 2021, Governor Hochul signed a bill into law that requires private New York employers to provide written notice to employees before monitoring their telephone, email, and internet access or usage. This law...more
New York recently enacted a law governing employee monitoring. The law applies to New York employers who monitor employees through electronic devices. This includes monitoring of telephone, emails, and internet access or...more
From time to time, situations arise that prompt an employer to want to review an employee’s emails and other electronic communications. In matters involving internal investigations, concerns about a breach of an employee’s...more
Earlier this month, New York Governor Kathy Hochul signed into a law a bill that will require New York private sector employers to provide written notice to employees before engaging in electronic monitoring of their...more
Gov. Kathy Hochul recently signed into law an amendment to the New York Civil Rights Law requiring that New York employers provide written notice to workers if they monitor or intercept employee telephone conversations or...more
New York businesses that monitor or otherwise intercept the electronic mail or telephone conversations of their employees will soon need to inform them of these practices under an amendment to the state’s civil rights law...more
Much has happened since the European Union (EU) General Data Protection Regulation (GDPR) went into effect on May 25, 2018. Many EU countries have enacted national legislation to implement and expand the requirements of the...more
Recent developments in privacy law and a rise in class action lawsuits related to data collection offer a cautionary tale about understanding legal and ethical boundaries of monitoring “on-the-clock” employee conduct. With a...more
A growing number of employers monitor and review their employees’ electronic communications, including telephone calls, emails and internet use, while at work or working away from the office. They cite a number of legitimate...more
Frazzled by the incessant demands for her company Acne Brick’s financial records from her husband’s divorce lawyer Ditcher Quick, company president Annie Acne was wondering what her next maneuver might be when her Information...more
In its recent Grand Chamber judgment, the European Court of Human Rights held that employers can monitor an employee's email only if they provide advance notice. By a vote of 11-6, the Court found that failure to provide such...more
Some of you might recall the case of Mr Barbulescu v Romania in 2016, which involved an employee (Mr Barbulescu), who sent private emails through his personal Yahoo account from an office computer. Some messages were innocent...more
The European Union has taken a substantially different approach than the United States to employee online privacy rights. Upcoming ePrivacy regulations promise to limit employers’ ability to monitor employee electronic...more
The Grand Chamber of the European Court of Human Rights (ECtHR) held in Barbulescu v Romania (Application no. 61496/08) last week that there was a breach of the right to privacy where an employer searched the contents of an...more
DataGuidance spoke with Cécile Martin, Special International Counsel at Proskauer Rose LLP, at the International Association of Privacy Professionals’ Conference in Brussels in November 2016. Ce´cile discussed the passing of...more