Privacy never sleeps in California. In recent days and as California’s legislative session comes to a close, there have been a number of significant legislative and regulatory developments in the state, each of which will likely (again) change the privacy landscape in California and, by extension, the rest of the country. For businesses operating in California or whose websites, products or services reach California residents, these changes mean new compliance obligations, some of which could require significant investments of time and resources. The impact of these changes highlight once again how the United States lacks a consistent national policy on privacy that could be set by a comprehensive federal privacy law. (more…)
On December 17, 2021, the U.S. Securities and Exchange Commission (SEC) announced settled charges against a broker-dealer firm for recordkeeping violations arising from its employees’ use of personal devices for business communications. The firm agreed to pay a $125 million penalty and to retain a compliance consultant to conduct a comprehensive review of its policies and procedures relating to the retention of electronic communications found on personal devices. In announcing this enforcement action, the SEC encouraged registrants to self-report similar failures to the SEC. (more…)
It is a common story: An employee who knows he is about to leave his employer for a competitor uses his last days of computer access to download (or email himself) confidential information from his employer’s network. Once his employer discovers the misappropriation, the employee has moved on to his next job, leaving the employer scrambling to protect itself, often through a tangle of state-law tort and trade-secret claims.
*This article was adapted from “Global Overview,” appearing in The Privacy, Data Protection and Cybersecurity Law Review (7th Ed. 2020)(Editor Alan Charles Raul), published by Law Business Research Ltd., and first published by the International Association of Privacy Professionals Privacy Perspectives series on September 28, 2020.
Privacy, like everything else in 2020, was dominated by the COVID-19 pandemic. Employers and governments have been required to consider privacy in adjusting workplace practices to account for who has a fever and other symptoms, who has traveled where, who has come into contact with whom, and what community members have tested positive or been exposed.
As a result of all this need for tracking and tracing, governments and citizens alike have recognized the inevitable trade-offs between exclusive focus on privacy versus exclusive focus on public health and safety.
As the COVID-19 pandemic evolves, companies should not lose sight of the privacy, data protection and cybersecurity implications of the new and sudden digital reality. This Action Plan sets out some key issues and recommendations to consider as your business manages this rapidly developing dynamic and considers protocols to support the workforce and mitigate risk in a transition back to work. (more…)
The novel COVID-19 global pandemic continues to raise numerous issues for employers and consequences for employees across all industries. This situation is without precedent in modern times and is extremely dynamic with rapidly occurring new developments, guidance and issues that will impact employers. In this webinar, we consider the privacy and employment law issues for employees returning to work, and discuss strategies to deal with this situation in a holistic and coordinated manner.
The COVID-19 pandemic poses unprecedented challenges for employers. Businesses must walk the line between keeping workers safe and respecting their privacy. How do employers ensure a safe and healthy workplace? And how do they manage layoffs, furloughs and benefits in this rapidly deteriorating economic environment? Our latest episode of The Sidley Podcast grapples with those questions and many others. Join host and Sidley partner Sam Gandhi as he speaks with two of Sidley’s thought leaders on the critical issues that employers face—Wendy Lazerson, co-chair of Sidley’s Labor and Employment practice, and Kate Heinzelman, who advises clients on privacy and cybersecurity issues.
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.