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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 February 2016.

In one of the last Executive Orders of his final term, President Obama on Tuesday established the “Federal Privacy Council”—an “interagency forum to improve the Government privacy practices of agencies and entities acting on their behalf.” Included in the roster of members are the senior agency officials at every major federal agency, including but not limited to the Department of State, Treasury, Defense, Justice, Interior ...

Federal courts have continued to disagree on whether the Computer Fraud & Abuse Act ("CFAA") applies to employees who misuse confidential information or trade secrets obtained from an employer's computer system that the employee was authorized to access. In Florida, and particularly in the Middle District, the large majority of district courts to consider the issue have followed the "narrow" view that an employee who has been granted access to information does not "exceed authorized access" under the CFAA by virtue of the employee's subjective intent or by subsequently violating company policies on the use of the information. Does that mean that employers in those districts cannot, or should not, assert CFAA claims under the "broader" view -- that an employee who accesses confidential information for personal purposes inconsistent with the employer's interests has "exceeded authorized access" to the information?

Tags: CFAA, Florida

In Barbulescu v. Romania, a decision issued on January 12, 2016, the European Court of Human Rights issued a ruling interpreting the right to privacy under Article 8 of the European Convention on Human Rights in the context of an employee’s argument that his privacy rights had been violated by his employer’s monitoring of his internet use. Specifically, Barbulescu was asked by his Romanian employer to set up a Yahoo Messenger account for the purpose ...

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