News & Analysis as of

Employee Privacy Rights Data Privacy Employer Liability Issues

Constangy, Brooks, Smith & Prophete, LLP

AI and Employment

When evaluating where artificial intelligence has had the most impact, many think of their personal use of AI or the integration of AI into many consumer applications. The use of AI in the employment context is on the back...more

Ice Miller

Don’t Forget About Biometric Information Privacy Laws When Implementing AI in the Workplace

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As employers deal with mounting pressure or desire to implement artificial intelligence in the workplace, they should not forget the laws in several states and localities that place limitations on the use and collection of...more

CDF Labor Law LLP

How a Smart Watch May Lead to Unintended Concerns for Employers

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New technologies continue to transform the workplace and raise additional legal considerations for employers. Wearable technologies such as smart glasses, watches, and exoskeleton suits are valuable tools that help workers...more

A&O Shearman

ICO releases guidance on processing employment records

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On February 5 2025, the UK Information Commissioner's Office (ICO) released new guidance designed to help employers understand and comply with their obligations under the UK GDPR and the Data Protection Act 2018 in relation...more

Tonkon Torp LLP

Is My AI Note Taker Violating the Law? Oregon Employers Should Think Twice When Inviting AI to Listen in on Meetings

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The rise of Artificial Intelligence (AI) has spread to seemingly all facets of work and life. One prominent application that has gained popularity both among students and in the workplace is using an “AI Note Taker” to record...more

Ius Laboris

Saving Face: 5 Top Tips for Using Biometric Data in the Workplace

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As we become more accustomed to using our faces or fingerprints to unlock devices in our everyday life, it’s not surprising that employers in Hong Kong are considering using biometric systems in the workplace. However,...more

Bennett Jones LLP

When is Recording at Work Grounds for Dismissal? A Case of Nuance and Context

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In an age where technology makes recording conversations easy and common, a recent wrongful dismissal case (Wan v H&R Block Canada Inc., 2024 ABKB 734) raises important questions about privacy, workplace ethics and the...more

Bradley Arant Boult Cummings LLP

Watch Out, Employers: Using Smart Devices in the Workplace May Not Be So Smart

What does the EEOC have to do with smart watches, rings, glasses, helmets and other devices that track bodily movement and other data? These devices, known as “wearables,” can track location, brain activity, heart rate, and...more

Blake, Cassels & Graydon LLP

Biometrics in the Workplace: Issues and Legal Framework in Quebec

Employers are increasingly interested in the use of biometrics in the workplace. In fact, Quebec’s privacy regulator, the Commission d’accès à l’information (CAI), indicates in its 2023-2024 Annual Activity and Management...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Human Resources’ Role in Data Privacy and Cybersecurity, Part V: Ethical Obligations When Responding to a Breach of Employee Data

In today’s digital landscape, many organizations will likely face the unfortunate reality of a breach of employee data. The human resources department is the critical link between safeguarding a company’s reputation and...more

Parker Poe Adams & Bernstein LLP

Consumer Financial Protection Bureau Expresses Concerns About Use of Worker Profiling Data

Most consumers are aware that their personal data is collected, compiled, analyzed, and sold to third parties for marketing and other purposes. Many employees may not know of similar data collection practices relating to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Human Resources’ Role in Data Privacy and Cybersecurity, Part II: Assessing Five Key Areas of Risk

In today’s digital landscape, many organizations may face the unfortunate reality of a data breach. This second installment of a five-part series on employee data privacy will explore the key areas of risk that human...more

Shipman & Goodwin LLP

[Webinar] 2024 Labor and Employment Series - AI and Privacy Laws in the Workplace - October 1st, 12:00 pm - 1:00 pm EDT

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In our complimentary four-part webinar series, Shipman's labor and employment attorneys will guide private-sector employers through some of the most pressing legal challenges in the modern workplace. From neurodiversity...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | Episode 14: How Employers Can Navigate Cybersecurity Issues with Brandon...

Maynard Nexsen on

Tina and Cherie welcome Maynard Nexsen cybersecurity and data privacy attorney Brandon Robinson on episode 14. With data breaches becoming more and more common, Brandon shares how companies and employers can prevent and...more

Constangy, Brooks, Smith & Prophete, LLP

Navigating the Digital Frontier: Employee Privacy Rights and Legal Obligations in the Modern Workplace

Join Constangy partners Ashley Orler and Sarah Rugnetta for an insightful webinar exploring the intricate landscape of employee privacy rights amidst new data privacy laws and the digital evolution of the workplace. In an era...more

K&L Gates LLP

Employment Practices and Data Protection: Monitoring Workers 101

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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

Epstein Becker & Green

Deyerler v. HireVue Expands Biometric Privacy Law to AI Video Interview Platform

A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15.  In...more

Littler

Brazil Data Protection Law – Litigation in the Context of Employment

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The Brazilian Data Protection Law (LGPD) in effect since 2020 is starting to show its effects in the litigation landscape. Although the Brazilian National Data Protection Agency (ANPD) has been fairly active since it...more

Epstein Becker & Green

Health Care Workers Engaged in Treatment, Payment, or Operations Excluded by BIPA

Epstein Becker & Green on

As previously noted, the Illinois Biometric Information Privacy Act (BIPA) has invited a great deal of litigation, often resulting in interpretations favorable toward plaintiffs. As a result, we advise employers who use...more

Burr & Forman

Are you properly protecting your employees' personal information?

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If they have not already, employers should take steps now to properly protect the personal information of their employees. The Eleventh Circuit Court of Appeals’ decision in Ramirez v. Paradies Shops, LLC clarifies that...more

Amundsen Davis LLC

[Webinar] Ninth Annual Labor & Employment Fall Seminar - September 13th, 12:00 pm - 4:00 pm CT

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Join us Wednesday, September 13 at noon for our Ninth Annual Labor & Employment Fall Seminar. This year’s event will be livestreamed from our Chicago office. Our attorneys will discuss the latest employment law updates...more

Fisher Phillips

California Employers Beware: Your 5-Step Plan as Attorney General Announces CCPA Investigative Sweep

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California employers, beware: the state’s top prosecutor just announced his office is conducting an investigative sweep of whether and how large California employers have complied with data privacy and consumer protection...more

Littler

BIPA’s Devastating Effects on Illinois Businesses

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As Illinois employers and businesses recover in a post-pandemic world, the continued and growing threat of The Illinois Biometric Information Privacy Act (BIPA) looms on the horizon. This paper demonstrates that, due to the...more

McDermott Will & Emery

[Webinar] Practical Tips for Employers Navigating State Privacy Law Compliance - July 13th, 12:00 pm - 1:00 pm EDT

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Join Katy Linsky and Laurie Baddon for a deep dive into what employers should know about complying with the new state privacy laws....more

Littler

Finalization of Regulations Clears the Path for Employers to Complete California Privacy Rights Act Compliance Efforts Before June...

Littler on

After months of uncertainty, the rulemaking process for the California Privacy Rights Act (CPRA), the first-ever comprehensive U.S. data privacy law applicable to human resources data (“HR Data”), concluded on March 29,...more

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