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|U.S. Department of Education Issues Proposed Rulemaking Regarding Safety, Security and Emergency Response Reporting Requirements|
Jodi Furr Colton, Kristyn Byrnes; Saul Ewing LLP;
September 15, 2009, previously published on September 2009Following several negotiated rulemaking sessions, the U.S. Department of Education recently issued proposed regulations regarding the Clery Act amendments contained in the Higher Education Opportunities Act of 2008. Public comments on the long-awaited proposed regulations are due to the Department...
|Cal. Supreme Court Has a Look at Cameras in the Workplace|
Anthony J. Oncidi; Proskauer Rose LLP;
August 25, 2009, previously published on August 12, 2009In Hernandez v. Hillsides, Inc., S147552 (Aug. 3, 2009), the California Supreme Court unanimously held that the mere placement of a hidden video camera in an employee's office could constitute an invasion of privacy, even if the camera was never actually used to record the employee. Under the...
|One Man's Trash Is another Man's Treasure -- The Privacy Implications of R. v. Patrick|
Candice T. Teitlebaum; Aird & Berlis LLP;
July 31, 2009, previously published on July 2009The saying "one man's trash is another man's treasure" has particular resonance given a recent ruling by the Supreme Court of Canada. On April 9, 2009, in a 7-0 decision, the Supreme Court found that an individual who had placed garbage bags for collection at the rear of his property had...
|CFATS Personnel Surety Program - Information Request|
Jeanne M. Grasso, Margaret Anne Hill, Rachel S. Wolfe; Blank Rome LLP;
July 16, 2009, previously published on June 30, 2009On June 10, 2009, the National Protection and Programs Directorate, Office of Infrastructure Protection, Infrastructure Security Compliance Division, within the Department of Homeland Security (DHS) published a Notice in the Federal Register (Vol. 74, No. 110) indicating that a new information...
|Aon's Terrorism Threat Map Identifies a Shift in Terrorism Risk|
Edwards Angell Palmer & Dodge LLP;
July 6, 2009, previously published on June 2009Aon recently released an updated "Terrorism Threat Map" in which it indicates the current threat of terrorist attacks across the world. The Map, shows a trend towards fewer terrorist attacks in the Middle East but increased activity in southeast Asia.
|CFATS Reauthorization Bill Clears House Homeland Security Committee|
Jeanne M. Grasso, Margaret Anne Hill; Blank Rome LLP;
July 6, 2009, previously published on June 2009 On June 23, 2009, the House Homeland Security Committee (HLS Committee) reported H.R. 2868, the Chemical Facility Anti-Terrorism Act of 2009 (CFATS). After considering a number of amendments to the bill in a markup that took place over several days, the Committee voted along party lines to...
|French Senate Issues Report On Right to Privacy in the Digital Age|
Hunton & Williams LLP;
July 1, 2009, previously published on June 2009On June 3, 2009, the French Senate's Commission on Laws issued a report on the right to privacy in the digital age ('La vie privée à l'heure des mémoires numériques') (the "Report").
|Liability for Data Security Auditors|
Hunton & Williams LLP;
July 1, 2009, previously published on June 16, 2009A lawsuit that will soon commence in Arizona has the potential to alter the data breach liability landscape by making data security auditors liable for data breaches experienced by the companies they audit.
|New Jersey - CEPA Claim Allowed Where Employee Objected to Use of Company's Web Portals Due to Lack of Privacy Protection|
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
June 29, 2009, previously published on June 4, 2009Zungoli v. United Parcel Svc., Inc., 2009 WL 1085440 (D.N.J., April 22, 2009) - In this case, the plaintiff was terminated for poor performance after failing to register on the company's internal websites for employee benefits and performance evaluations.
|Nevada Updates Encryption Law and Mandates PCI DSS Compliance|
Lisa J. Sotto, Elizabeth H. Johnson, Rachel St. John; Hunton & Williams LLP;
June 29, 2009, previously published on June 2009As of January 1, 2010, Nevada law will require businesses to use encryption when data storage devices that contain personal information are moved beyond the physical or logical controls of the business, in addition to continuing to require that personal information be encrypted if it is transferred...