Drafting a Privacy Policy? Beware!â¦
Eric Goldman of Cooley Godward Kronish LLP
This article discusses the implementation and surrounding issues of a privacy policy for online companies.
Kid Gloves: Interviewing and Reporting On Minors
Victor A. Kovner and Jennifer L. Brockett of Davis Wright Tremaine LLP
Minors are always in the news. 2002 has featured stories on kidnapped children, sexual abuse by members of the clergy, foster children lost by their social workers, the dating habits of teenage pop-stars, and a seventeen year-old alleged serial sniper. Relying on children as news sources about non-controversial events is not problematic. But conducting or publishing interviews with minors about sensitive subjects, or about their own involvement in controversial events, poses legal risks not present when adults provide information.
Publication of Photographs: Is A Release Required?
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This article offers guidelines to follow when publishing photographs.
Practical Guidance for Physicians
Dave Schoolcraft of Miller Nash LLP
The privacy, security, and electronic-data provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") require the immediate attention of physicians and other "covered entities" to ensure proper compliance. By April 14, 2003, all physicians qualifying as covered entities must be in compliance with the HIPAA privacy standards.
Employers Do Not Violate the ECPA by Accessing Employee E-mails on Company-Provided File Servers
Bingham McCutchen LLP
On December 10, 2003, the United States Court of Appeals for the Third Circuit ruled against an employee who sued his employer for accessing his emails without his permission, alleging a violation of his privacy rights under the federal Electronic Communications Privacy Act. This decision illustrates the importance of a well-drafted electronic monitoring policy.
The Use of a Person's Photograph without Their Consent
Eric J. Swetsky of Eric J. Swetsky, Barrister & Solicitor
The Supreme Court of Canada examines the issue Seventeen year old Pascale Aubry was sitting on the steps of a.
Minnesota Recognizes Right of Privacy
John W. Provo of Maslon Edelman Borman & Brand, LLP
In a landmark decision expected to have far-reaching consequences for businesses that collect and use personal information about their customers, patients, employees or consumers, the Minnesota Supreme Court ruled recently that Minnesota should join a vast majority of states that recognize a civil cause of action for "invasion of privacy."
Customer Privacy Becomes the Hot Button Voluntary Action Regarding Online Privacy of Customer Information is Encouraged
Jaffe Raitt Heuer & Weiss, P.C.
Little has captured the attention of the banking regulators lately as much as electronic banking.
Your Right to Federal Records Questions and Answers on the Freedom of Information Act and the Privacy Act
General Services Administration, General Counsel Office
Guide prepared by the General Services Administration and the Department of Justice which provides information about the Freedom of Information Act and the Privacy Act of 1974 in order to assist members of the public in exercising their rights.
Opening Meeting Laws
By specific statute County Boards of Commissioner must vote in the open and their votes recorded by individual except for their vote on who shall serve as Chairman.
Cameraphones: Innocuous Gadgets Or Workplace Threats
Barbara M. Roth and Lauren G. Krasnow of Torys LLP
Cameraphones--the latest ubiquitous technology--come with their own dangers. Although no federal or state laws yet regulate the use of cameraphones in the workplace per se, inappropriate use of cameraphones can violate myriad laws already on the books.
Invasion Of Privacy Tort Rarely Applies To Debt Collection
Michael A. Klutho of Bassford Remele A Professional Association
Minnesota recently joined the majority of states when it recognized the tort of invasion of privacy.
Analysis & Comments On Health and Human Services' Just-Released HIPAA Security Rules
Richard D. Marks,Paul T. Smith,Thomas E. Jeffry and Rebecca L. Williams RN of Davis Wright Tremaine LLP
Over five years ago the statutory deadline (February 28, 1998) passed for the Secretary of Health and Human Services (HHS) to issue the HIPAA security rules in final form. Now we have the rules. They were released in prepublication form on February 13, and appeared in the Federal Register on February 20, 2003.
The Privacy of Medical Records
Law Office of Jon L. Gelman
The deadline for Congressional action on privacy legislation is August 21, 1999. If Congress fails to act then the .
Internet Legal Issues: WWW Privacy Policy Part I
Lloyd L. Rich of The Law Office of Lloyd L. Rich
Part one of this two-part series considers the need for and steps toward preparing a privacy policy for your web-based business.
Employees' Right To Privacy In Washington
Nick Beermann of Ogden Murphy Wallace, P.L.L.C.
Employers often have a need to inquire into their employees' personal lives for such purposes as determining fitness for a particular position, ensuring productivity and preventing illegal activity in the workplace. This article discusses these issues and provides a broad outline for employers to refer to when dealing with employee privacy.
Employees' Rights to Privacy
Lisa Mann of Modrall Sperling
Increasingly, employers are discovering that they need to know facts about their employees which may not be immediately apparent in the workplace - facts about their employees or prospective employees' credit and prior histories, facts about their employees' conduct in the workplace during "personal" or "break" time, facts about their employees' use of e-mail or Internet, facts about their employees' off-duty conduct, and facts about their employees' medical conditions.
Your Right to Federal Records
Department of Justice
This pamphlet is a joint publication of Department of Justice and the General Services Administration concerning both the Freedom of Information Act and the Privacy Act.
Employee Privacy in Minnesota: Avoiding Liability Exposure in Medical Workplaces
Susan E. Oliphant of Maslon Edelman Borman & Brand, LLP
Medical employers, like other employers, need to be aware that too much monitoring of employees can cause unnecessary stress in the workplace.
Minnesota Supreme Court Finds the Right to Privacy in Minnesota's Common Law
Andrew J. Voss of Littler Mendelson, P.C.
This article discusses the Minnesota's Supreme Court's decision in Lake v. Wal-Mart Stores, Inc and its effect on employer/employee privacy issues.
Right to Privacy In the Workplace In the Information Age
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This article discusses whether current law provides adequate protection of individual privacy rights in the increasingly technological workplace.
Congress Takes Vacation from Medical Privacy Bills
Law Office of Jon L. Gelman
The Health Insurance Portability and Accountability Act (HIPPA) of 1996 (P.L. 104-191) called for protection of the.
Thelen Reid Report No. 391: European Privacy Directive Threatens Data Transfers to US Businesses
Thelen LLP
This article discusses the effects of the European Commission's privacy directive on U.S. business data transfers.
The Confidentiality of Personal Health Information in the Information Age
Dawn Lankford Bowling of Broad and Cassel
With today's technological advances in computerized communications, personal health information and medical records.
Implementation of HIPAA'S Privacy Rules
Karen L. Kahn of Modrall Sperling
The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") Privacy Rules took effect on April 14, 2003.ÃÂ Businesses are seeking legal help with various parts of the Privacy Rules: reviewing Business Associate Agreements; drafting Privacy Notices and HIPAA Compliant Authorizations; revising personnel policies relating to ADA, FMLA, Workers' Compensation, and Drug Testing; and resolving issues of privacy involved in providing service to minors.