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Employment Privacy Blog

News, commentary, and legal updates from attorneys in the Data Security and Workplace Privacy Practice Group at Fisher Phillips.
Posts from September 2015.

Just this week, in Securities and Exchange Commission v. Huang, No. 15-269 (E.D. Pa. September 23, 2015), the United States District Court for the Eastern District of Pennsylvania denied the Securities and Exchange Commission’s request that the Court order two former credit-card issuer bank (“Bank”) employees accused of insider trading to disclose the secret personal passcodes for smartphones owned by their former employer.

The SEC’s ...

The 1995 EU Privacy Directive 95/46/EC provides that personal data of say, employees, to third countries, like the United States, may only be done with employee consent and only where the U.S. has ensured an adequate level of data protection. The EU itself can endorse a country’s compliance with data security. Some 4,410 U.S. companies doing business in the EU have long been familiar with the “safe harbor” under the Privacy Directive that permits ...

On August 24, in FTC v. Wyndham Worldwide Corp. et al, the 3rd Circuit Court of Appeals affirmed that the FTC could enforce its own reasonable interpretation of what cybersecurity standards are necessary to avoid prosecution from the FTC for unfair methods of competition. Reading between the lines, the decision allows the FTC to heighten its enforcement standards without any change in regulations. The ruling is not surprising, given that the court ...

When does an employee’s extramarital activity become his or her employer’s concern? Before the Ashley Madison breach, the answer might as well have been “[almost] never.”

Since the Ashley Madison breach has a sufficient tinge of prurient naughtiness and scandal, the media has given the general public an unusual gift for a cybersecurity breach—ongoing coverage, revealing in unusual detail the repercussions of a data breach. Onlookers can ...

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