News & Analysis as of

Employee Privacy Rights Personal Data Employer Liability Issues

A&O Shearman

ICO releases guidance on processing employment records

A&O Shearman on

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

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

Venable LLP

Colorado Amends State Privacy Law to Include Biometric Data Requirements

Venable LLP on

On May 31, 2024, Governor Jared Polis signed into law Colorado House Bill 24-1130 (HB 1130), amending the Colorado Privacy Act (the CPA) to impose new requirements on controllers that process biometric data. The amendments go...more

K&L Gates LLP

Employment Practices and Data Protection: Monitoring Workers 101

K&L Gates LLP on

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

Littler on

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?

Burr & Forman on

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

Littler

BIPA’s Devastating Effects on Illinois Businesses

Littler on

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

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

Franczek P.C.

Employers With Broad Management Rights Under a CBA Spared From Some BIPA Litigation

Franczek P.C. on

In a unanimous decision, the Illinois Supreme Court determined that the Biometric Information Privacy Act (“BIPA”) is pre-empted by the Labor Management Relations Act for many employees covered by a collective bargaining...more

Osano

What is an employee privacy policy? Does my company need one?

Osano on

To date, 71% of the world’s countries feature some form of privacy legislation. More and more businesses are subject to data privacy regulations, and more and more businesses are working hard to ensure they’re respecting...more

Shook, Hardy & Bacon L.L.P.

BIPA After Tims and White Castle: Now What?

As you likely heard, in two recent rulings, the Illinois Supreme Court finally addressed important statute-of-limitations issues. In Tims v. Black Horse Carriers, the Supreme Court ruled that a five-year statute of...more

Polsinelli

U.S. State Privacy Law Update

Polsinelli on

In 2023, new comprehensive data privacy laws come into effect in five states — California, Colorado, Connecticut, Utah, and Virginia. The California Privacy Rights Act of 2020 (CPRA) and the Virginia Consumer Data Protection...more

Wyrick Robbins Yates & Ponton LLP

Working 9 to 5: What a Way to Rack Up BIPA Violations

February brought big changes to the Illinois Biometric Information Privacy Act (“BIPA”) litigation landscape. On the heels of a catastrophic 228 million dollar jury verdict against BNSF, the Illinois Supreme Court issued an...more

Kelley Drye & Warren LLP

BIPA Becomes the Monster Employers Feared

Two momentous decisions regarding the Illinois Biometric Information Privacy Act (BIPA) recently came down from the Illinois Supreme Court. First, the Court recently ruled in Cothron v. White Castle System Inc. that a BIPA...more

Franczek P.C.

Illinois Supreme Court Doubles Down on Liability for BIPA Claims

Franczek P.C. on

On Friday, February 17, 2023, the Illinois Supreme Court issued another blockbuster ruling interpreting the Biometric Information Privacy Act (“BIPA”). In a 4 to 3 decision, the Court in Cothorn v. White Castle Systems held...more

Polsinelli

Divided Illinois Supreme Court Holds that BIPA Claims Accrue with Each Scan, Potentially Opening the Door to Massive Damages...

Polsinelli on

In a recent 4-3 decision, the Illinois Supreme Court held that claims under sections 15(b) and 15(d) of Illinois’ Biometric Information Privacy Act (BIPA) accrue each time a private entity collects a biometric identifier...more

Sheppard Mullin Richter & Hampton LLP

Poultry Processors Settle with Department of Justice Over Wage Information Exchanges

This summer the US Department of Justice settled with three poultry processors, Cargill Meat Solutions Corp., Sanderson Farms, Inc., and Wayne Farms, LLC. (U.S. v. Cargill Meat Solutions Corp. et al, 1:22-cv-01821 (D. Md....more

Benesch

Reminder: California Employee Personal Data In-Scope of California Data Protection Law Effective Jan. 1, 2023

Benesch on

The Employee Data Exemptions that existed in the original CCPA will no longer be effective in 2023 as the scope of the data protection law expands under the CPRA. In November 2020, California residents voted to adopt the...more

BCLP

The End of the HR Data Exemption under California law?

BCLP on

Unless the California legislature acts soon, the scope of information subject to the California Privacy Rights Act (“CPRA”) will include all employee or human resource-related personal information on January 1, 2023. To date,...more

FordHarrison

The Clear and Present Danger of Not Complying with Biometric Privacy Laws

FordHarrison on

Outside of Hollywood, employers have used biometrics to limit access to sensitive information and secure areas for a number of years. As costs of implementing the technology decreased and the technology became more...more

Franczek P.C.

Illinois Supreme Court rules that Workers’ Compensation Act does not preempt BIPA claims

Franczek P.C. on

In a February 3, 2022 decision in Marquita McDonald v. Symphony Bronzeville Park LLC, the Illinois Supreme Court ruled that employee claims for damages for violations of their statutory privacy rights under the Illinois...more

Barnea Jaffa Lande & Co.

Israeli Privacy Protection Authority Publishes New Statement Concerning Location Data in Workplaces

There has been an uptrend in recent years of employers using a variety of technological tools to supervise their employees and oversee the quality of their work. The use of these tools has become more prevalent due to the...more

42 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide