A discussion on the latest European and U.S. privacy and employment law issues with COVID-19 and strategies to deal with this situation in a holistic and coordinated manner. In particular, we consider the latest guidance from Data Protection Authorities, how to develop a privacy protocol that deals with the GDPR and U.S. privacy issues and UK and U.S. employment law issues and latest developments related to COVID-19.
In light of the ongoing Coronavirus (COVID-19) pandemic, the ICO has today issued guidance on “Data protection and coronavirus: what you need to know” for data controllers. The ICO has also published advice for healthcare practitioners. Guidance has also been issued by many other Data Protection Authorities in other European countries. (more…)
This post seeks to help parties navigate issues arising from COVID-19 risks from an employment and privacy law perspective in both the United States and Europe.
Novel coronavirus (COVID-19) presents significant issues for employers to navigate and significant consequences for employees across industries as COVID-19 reduces consumer spending, disrupts supply chains and presents challenges for managing workforces globally. Employers should be aware of their responsibilities and proactively put in place action plans to address this growing problem. Designing these plans, and addressing requested or mandated leaves and other restrictions on employee work, presents myriad employment law issues that may vary by jurisdiction. Employers are also likely to confront privacy questions as they seek information on employees’ and others’ health and travel across jurisdictions. In developing a plan, employers will want to consider these issues in a holistic and coordinated manner.
With less than three months to go before amendments to California’s far reaching data privacy law need to be signed into law, the CCPA landscape may be changing yet again, as several amendments debated in the state Senate Judiciary Committee on July 9th underwent significant modifications. Eight proposed CCPA amendments were on the committee’s agenda, and several were hotly debated in an hours-long session that extended late into the night. In the end, two of the bills had substantive modifications, another was stalled, one was defeated, and the rest made it out of the committee, with limited changes. Here we summarize the highlights.
On 5 September 2017, the Grand Chamber of the European Court of Human Rights (the “ECHR”) overturned the previous decision of the ECHR (sitting as a Chamber) and ruled that the Romanian courts had failed to strike a fair balance between the interest of an employer to monitor its employees’ electronic communications to ensure the smooth operation of the company and the employee’s right to respect for his private life and correspondence under Article 8 of the European Convention on Human Rights. However, in a question and answer section on its website the EHCR made it clear that the ruling does not mean that employers cannot monitor employee’s communications at work. Employers may still monitor their employee’s communications as long as such a measure is accompanied by “adequate and sufficient safeguards against abuse.” (more…)