|
|
|
|
||
|
||
|
Vol. 8, Nos. 1-44, pp. 1-1640 Jan. 5 -- Nov. 9, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
LABOR
See also EMPLOYMENT ISSUES
– Aliens, worker eligibility for employment – E-mail, discipline for one union-related message violated NLRA (D.C. Cir.), 1019 – Employer monitoring of web posts, Analysis and Perspective, 1039; correction, 1068; electronic monitoring increasing, lawyers urge caution, Special Report, 1295; survey says only 25 percent of firms formally monitor use of online social media, 1376 – German rail company screened personal data of workers, probe started, 245; Germany plans worker data protection bill, DPA supports, 304; Berlin DPA sets landmark fine, 1572 – Kaiser Permanente breach traced to terminated employee of union, 403 – License plate surveillance of Cintas employees, union liable (U.S., rev den), 497; In Brief, 505; union not liable for punitive damages (E.D. Pa.), 1203 – NLRB, Obama names Liebman chair, In Brief, 211 – Observed urination rule upheld for transportation workers (D.C. Cir.), 776; DOT reinstates rule for return-to-duty and follow-up drug testing, 1142 – Principal-agent theory, union not liable for members' web comments (D. Nev.), In Brief, 678 – U.K. ICO enforcement action
– – British Council disk lost in transfer, ordered to encrypt portable devices, 629
– – Construction worker database maintained by firm, 445; head of firm that unlawfully traded worker data to face criminal proceedings (U.K. Magis. Ct.), 801; database owner fined, enforcement action eyed against firms for use (U.K. Crown Ct.), 1064; ICO takes action against 14 firms for using, 1172 – Video recording of picketing, Alberta agency ruling set limits on use, 566 – Wis., bargaining agreement did not create exception to disclosure of state employee data (Wis.), In Brief, 1293
– Best practices, duty of care standard still evolving, 449
– CFAA, worker delay in returning and deletions meet requirements but dismissed due to no evidence of unauthorized access (E.D. Mo.), 236 – Child pornography, no evidence ban from co-worker's search (8th Cir.), In Brief, 473 – Conn., audit report on stolen tax agency laptop concludes failure to properly manage and protect data, 1499 – Data breaches
– – Alberta Health Services denounced for failure to encrypt stolen laptops, 964
– – Blue Cross Blue Shield Ass'n says stolen laptop held unencrypted information on doctors, 1469 – – Okla. Human Services Dep't laptop with client data stolen from employee's car, 670 – – People's United Bank laptop lost, post-breach fear of identity theft satisfies standing but not compensable without loss (D. Conn.), 1348 – – Starbucks workers file class action (W.D. Wash.), 336 – – United Kingdom
– – – Car repair trade group laptop stolen, 1287
– – – Highland Council ordered to encrypt laptops, In Brief, 1103 – – – Legal expenses insurance firm and contractors ordered to encrypt mobile devices after laptop theft, 878 – – – London Clubs Intl. agreed to encrypt all portable devices after laptop theft, 1151 – – – Manchester City Council ordered to encrypt laptops, In Brief, 965 – – – National Health Service (NHS) – – – UPS ordered to encrypt laptops, 1206 – – – Wigan Council laptop with children's data stolen, U.K. ICO examining, In Brief, 567; ICO orders encryption of mobile devices, 1288
– – Computer use policy ambiguous, employer cannot copy worker's e-mail to lawyer sent from company laptop (N.J. Super. Ct.), 983
– – Monitoring, IAPP Privacy Summit speaker says companies must update to keep pace with technology, 480
– – Nev. amends personal information e-data transfer law, 821
– – Ponemon human factor survey
– – – Canada, 132
– – – U.K., 114 – – – U.S., 96 – IRS data security, TIGTA reports improvements, 1347 – Loss cost survey, 685 – Mass. data security rules, regulators urged to extend compliance deadline, 165; Mass. delays rules, drops vendor written certification mandate, 276; panelists concerned about impact, 588; future of rules uncertain, 1049; Mass. amends rules and extends deadline, 1225; public hearing held, 1386; officials discuss at IAPP Privacy Academy and give compliance advice, 1399; Mass. files final amendments, 1565 – Privileged communications, corporate counsel criticized for using sensitive memo found on company laptop (Me.), 1093 – Proprietary information, expert search not CFAA loss when pre-litigation action, IT agreement breach claim survives (N.D. Ill.), 533 – Self-incrimination, production of unencrypted version of laptop's hard drive does not qualify (D. Vt.), 398 – Stolen computers recovered, Lancashire Care NHS Found. Trust announces no data breached, 1502 – Warrantless border searches of electronic devices
– – Border Security Search Accountability
– – DHS annual report released, 1375; groups tell Congress that Privacy Office not living up to mandate, 1558 – – Review, DHS advisory committee urges Napolitano to add privacy protections, 269 – – Search data, ACLU files FOIA suit (S.D.N.Y.), 1270 – – Securing Our Borders and Our Data Act
– Ed. Note: This heading covers bills with assigned numbers. For information on measures not yet assigned numbers, see specific subject headings.
– Outlook
– – Behavioral advertising, 54
– – Cybersecurity oversight, 57 – – Data breach notification, 51 – – Spyware, 61 – – Surveillance and anti-terrorism issues, 59
– – Hill Watch Status of significant bills, chart, 1333
– – HR 1, American Recovery and Reinvestment Act of 2009, negotiators reach compromise on stimulus package, provides $19B for e-health records, 271; bill includes health data breach notice and HIPAA extension to business associates, Obama signs, 297; further action, see AMERICAN RECOVERY AND REINVESTMENT ACT – – HR 35, Presidential Records Act amendments, sponsored by Clay (D-Mo), reverses Bush EO and restores access, House passes, 39; Senate Homeland Security panel approves, 527 – – HR 98, Illegal Immigration Enforcement and Social Security Protection Act, introduced by Dreier (R-Cal), requires updated Social Security cards to assist work eligibility verification, 160 – – HR 239, Securing Our Borders and Our Data Act, introduced Engel (D-NY) to impose requirements on border searches of digital devices and storage media, 78; referred to Judiciary Comm. and Homeland Security Comm. without further action, 1261 – – HR 414, Cell phones with camera require sound, bill introduced by King (R-NY), In Brief, 252 – – HR 598, Economic stimulus package, Health information technology (HIT), two House committees approve provision that include Health IT funds, privacy protections, and breach notification, 175; House approves with E-Verify provision, Senate version has less money for HIT, package includes HIT Policy Comm. within HHS, 212; Senate witnesses urge caution in considering health privacy, 213; provision allowing state AG HIPAA suits draws fire from Chamber of Commerce, 253; insurers and privacy advocates disagree on HIT provisions, 253; doctors say provisions adequate and urge Congress to pass, 254; CRS reports on privacy protections in HITECH Act provisions, 254; CRS analyzes health provisions and details funding differences between House and Senate packages, 255; ERIC says e-records privacy rules should preempt state laws, opposes state attorney general enforcement, 271; negotiators reach compromise, see LEGISLATION, FEDERAL, HR 1 – – HR 639, Security Clearance Oversight and Accountability Act, introduced by Eshoo (D-Cal) and Issa (R-Cal), requires annual reports to Congress on numbers and status of clearances, 195 – – HR 1076, Internet SAFETY Act, sponsored by Smith (R-Tex), requires ISPs to retain subscriber records for at least two years to help fight child pornography, also strengthens federal penalties, 438 – – HR 1105, Omnibus Appropriations Act, includes funding for privacy oversight activities, House passes, 328; Senate approved by voice vote after rejecting E-Verify extension, 441 – – HR 1110, Preventing Harassment through Outbound Number Enforcement (PHONE) Act, sponsored by Scott (D-Va), makes use of false caller ID information for fraudulent purposes criminal offense, House postpones action to allow relevant committees to work together, 460; House Judiciary Comm. approves, 1462 – – HR 1258, Truth in Calling ID Act, introduced by Engel (D-NY), protects against fraudulent spoofing, some jurisdictional issues between House Commerce and House Judiciary Comm., 1163; House Commerce panel approves, 1462 – – HR 1319, Informed P2P User Act, sponsored by Bono (R-Cal), Barrow (D-Ga), and Barton (R-Tex), ensures that file-sharing programs cannot be installed without clear notice and consent, 393; House panel holds hearing, FTC supports, industry groups have concerns, 393; House Oversight Comm. hearing, lawmakers say industry has lost chance to self-regulate, 1140; House Commerce Comm. approves, 1427 – – HR 1617, Department of Homeland Security Component Privacy Officer Act, introduced by Carney (D-Pa), provides for privacy officer within each component of agency, House approved, 494 – – HR 1726, Border Security Search Accountability, introduced by Sanchez (D-Cal), requirements match new DHS border search directives, Homeland Security panel approved, 1261 – – HR 1800, National Security Letters Reform Act, introduced by Nadler (D-NY), restores previous NSL standard, 528; House Judiciary panel chair Nadler (D-NY) urges broad look at PATRIOT Act, 1396 – – HR 2028, New Employee Verification Act, introduced by Johnson (R-Tex) and Giffords (D-Ariz), creates new mandatory national verification process to replace E-Verify and voluntary program to combat ID theft, industry supports, 665; update, 1333 – – HR 2161, Family Medical Leave Restoration Act, introduced by Shea-Porter (D-NH), reverses amendment allowing employers to directly contact employee's medical provider, 701 – – HR 2165, Bulk Power System Protection Act, introduced by Barrow (D-Ga), amends Federal Power Act to address cybersecurity of electric grid, House Energy and Env't panel considers bill, hearing held, In Brief, 1619 – – HR 2195, Critical Electric Infrastructure Protection Act, introduced by Lieberman (I-Conn), gives emergency cybersecurity powers to FERC to protect electrical grid, 664; House Energy and Env't panel considers bill, hearing held, In Brief, 1619 – – HR 2221, Data Accountability and Trust Act, introduced by Rush (D-Ill) and Stearns (R-Fla), requires business to implement data security programs, breach notices for unencrypted personal information, and data brokers requirements, 661; House panel holds hearing, FTC wants paper records covered, 700; lawyer tells conference consumer notice and uniform standards equally important, 733; House Energy and Commerce panel approves with significant changes to bill, 823; addresses data breaches through P2P networks, 1140; update, 1333; House Commerce Comm. approves bill, advocacy groups argue against preemption, 1425 – – HR 2345, FACT Act amendment to provide exemption from red flag rules for small health care practices, introduced by Adler (D-NJ), referred to House Financial Services Comm., 730 – – HR 2472, Social Security Number Fraud and Identity Theft Prevention Act, introduced by Coffman (R-Colo), to allow sharing of Social Security data among federal agencies, 797 – – HR 2679, Employee Verification Amendment Act, introduced by Giffords (D-Ariz), extends E-Verify five years, In Brief, 884; update, 1333 – – HR 2892, Homeland Security Appropriations for FY 2010, includes two-year extension of E-Verify, House Comm. approves, 926; House approves, 953; Senate approves with amendments to make E-Verify permanent and block rescission of SSN no-match rule, amendment for FOIA exemption for detainee photographs also added, 1018; conference report approved, to extend E-Verify three years, 1465; House approves conference report, In Brief, 1505; Senate passes bill, 1523; bill increases cybersecurity funding, Obama expected to sign, In Brief, 1538 – – HR 3014, Small Business Physicians Access to Capital Act, introduced Dahlkemper (D-Pa), makes SBA loans available to small medical practices to purchase electronic medical records systems, In Brief, 965 – – HR 3126, Consumer Financial Protection Agency Act, sponsored by Frank (D-Mass), establishes agency, echoes Obama proposal, 1017; U.S. Chamber of Commerce kicks off fight against new agency, In Brief, 1314; update, 1333; House Commerce Comm. approves bill that give new powers to FTC, 1554 – – HR 3149, Equal Employment for All Act, introduced by Cohen (D-Tenn), bans credit checks in hiring with exceptions for national security and some banking positions, referred to House Financial Serv. Comm., In Brief, 1153 – – HR 3170, Financial services and general government appropriations for FY2010, FTC delays Red Flags rule at panel's request, panel approved bill, 1137 – – HR 3200, America's Affordable Health Choices Act, Health IT Now Coalition supports reform bill but calls for e-health incentives, 1200 – – HR 3306, Social Security Number Privacy and Identity Theft Prevention Act, introduced by Tanner (D-Tenn) and Johnson (R-Tex) to prohibit use and sale of SSNs, 1087 – – HR 3308, Secure America Through Verification and Enforcement (SAVE) Act, introduced by Schuler (D-NC), to mandate vetting of all current and new workers with E-Verify, 1088; update, 1333 – – HR 3471, Real ID Repeal and Identification Security Enhancement Act, introduced by Cohen (D-Tenn), outlines generally DHS authority but not specifics, includes stakeholder input, 1167 – – HR 3506, Eliminate Privacy Notice Confusion Act, introduced by Paulson (R-Minn), Moore (D-Kan), and Roskam (R-Ill), exempts certain banks from notice requirement, 1166 – – HR 3763, Red Flags Rule exemptions bill introduced by Adler (D-NJ), small health care, accounting, and legal practices would not be included as creditors, 1461; bill moves directly to House floor for vote, 1491; House approves, 1523 – – HR 3775, Small Business SOX Compliance Relief Act, introduced by Garrett (R-NJ) forces SEC to provide small business exemption from SOX Section 404 requirements, 1493 – – HR 3817, Investor Protection Act, introduced by Kanjorski (D-Pa), includes SOX reporting requirement exemptions for small businesses, Senate Fin. Servs. Comm. passes, 1603
– – S 30, Truth in Calling ID Act, introduced by Nelson (D-Fla), Senate Commerce backs bill to protect against fraudulent spoofing, some jurisdictional issues with Senate Judiciary Comm., 1163
– – S 139, Data Breach Notification Act, introduced by Feinstein (D-Cal), sets requirements for business and federal agencies, 51; Senate Judiciary Comm. passes, 1601 – – S 141, Protecting the Privacy of Social Security Numbers Act, introduced by Feinstein (D-Cal), includes use restrictions, 52 – – S 436, Internet SAFETY Act, sponsored by Cornyn (R-Tex), requires ISPs to retain subscriber records for at least two years to help fight child pornography, also strengthens federal penalties, 438 – – S 612, Open FOIA Act, sponsored by Leahy (D-Vt) and Cornyn (R-Tex), requires highlighting of FOIA exemptions in new legislation, 459; Senate passes, 923 – – S 773, Cybersecurity Act, introduced by Rockefeller (D-WVa) and Nelson (D-Fla), includes cyber czar, infrastructure protections, and professionals certification, 523; GAO supplements FISMA analysis to Congress, In Brief, 994; update, 1333; Rockefeller revises bill, 1344; Rep. Clarke (D-NY) says reform efforts should not be rushed, 1523 – – S 778, Office of the National Cybersecurity Advisor, introduced by Rockefeller (D-WVa), establishes cybersecurity czar as White House office, 523; experts say cybersecurity leader will face challenges, 843 – – S 921, U.S. Information and Communications Enhancement Act, introduced by Carper (D-Del), would mandate creation of White House cybersecurity office, 662; experts say cybersecurity leader will face challenges, 843; update, 1333 – – S 946, Critical Electric Infrastructure Protection Act, introduced by Thompson (D-Miss), gives emergency cybersecurity powers to FERC to protect electrical grid, 664 – – S 1261, Providing for Additional Security in States' Identification (PASS ID) Act, DHS, governors, and CDT support bipartisan measure to replace Real ID Act, 927; Senate Homeland Security Comm. approves, bill has broad support, amendment includes grant funds to digitize birth and death records, 1141 – – S 1285, Detainee Photographic Records Protection Act bars release of photographs showing treatment of captured detainees, Senate passes, includes OPEN FOIA Act, 923 – – S 1298, Homeland Security Appropriations for FY 2010, includes three-year extension of E-Verify, Senate Comm. approves, 926 – – S 1490, Personal Data Privacy and Security Act reintroduced by Leahy (D-Vt), comprehensive data security bill includes state breach notice law preemption and increased criminal penalties for identity theft, 1086; update, 1333; Senate Judiciary Comm. plans to begin work soon, 1559; Senate Judiciary Comm. passes, 1601 – – S 1505, Secure America Through Verification and Enforcement (SAVE) Act, introduced by Pryor (D-Ark), to mandate vetting of all current and new workers with E-Verify, 1088; update, 1333 – – S 1686, Judicious Use of Surveillance Tools in Counterterrorism Efforts (JUSTICE Act), sponsored by Durbin (D-Ill) and Feingold (D-Wis), sets new limits on surveillance tools, 1346 – – S 1692, USA Patriot Act Sunset Extension Act, sponsored by Leahy (D-Vt), includes four-year sunset and higher standards, 1395; Senate Judiciary Comm. adopts substitute amendment, markup on hold, 1428; Senate Judiciary Comm. approves, ACLU criticizes, 1461 – – S 1725, Foreign Intelligence Surveillance Act (FISA) Amendments Act, introduced by Dodd (D-Ct) and Leahy (D-Vt), repeals surveillance immunity for telecommunication firms, 1427
– Cybersecurity professionals
– Drivers
– Court records, no remedy against bank for filing that included unredacted SSN (Tex. Ct. App.), 1528
– Debt calls to landline transferred to cell phone, FCC seeks comments, 494 – Equifax credit report errors, damages affirmed (4th Cir.), 499 – Fannie Mae, ex-worker pleads not guilty to charges of planting malware time bomb (D. Md.), 240 – FDIC employee indicted on charge of disclosing confidential bank data (D. Kan.), 1496 – 401(k) accounts, FTC says Red Flag rules do not apply to participant loans from, 1037; benefits lawyers seek formal guidance, 1090 – Gramm-Leach-Bliley Act preempts Wash. law on disclosure of non-public personal data in loan files (Wash. Ct. App.), 41 – Mortgages
– – Court records, lending company had duty to redact sensitive data from filed documents but no damages (D.S.C.), 1238
– – Date retention, FTC alleges businessman failed to properly dispose customers' information (D. Nev.), 162 – – Home equity account data sold online, Miami man sent to prison (E.D. Va.), 1349 – – James B Nutter & Co., lender agrees to add data security to halt FTC alleged GLB violations actions (FTC), 705 – – Making Home Affordable Programs, search engine firms must identify advertisers misdirecting users (D.D.C.), 772 – – Prescreened offers, Metropolitan Home Mortgage settles FCRA charges (C.D. Cal.), 1238
– Dutch data retention amendment sets, 1029; government agencies meet with ISPs on new obligations, 1535
– EU data protection, 885 – Germany, Analysis and Perspective, 1003 – Google Latitude, CNIL says subject to French law, approves privacy plan, 880 – GPS devices – Privacy, EFF urges services to protect, In Brief, 1208 – Warrants needed, privacy groups file brief supporting ruling (3d Cir.), 499 – Yahoo privacy policy opt-out of behavioral tracking not applicable to location-based ads, 1092
– Health Express allegedly disclosed personal health information, claims belong in state court (W.D. La.), 1309
– Prescription records, police need warrant and not just subpoena (La.), 735 – Tax preparer tossed client files in dumpster, damage showing needed for breach, tort, and tax class claims (E.D. La.), 82; state claim of loan brokering without license not added, In Brief, 678; motion for reconsideration dismissed, In Brief, 807; specific list of lax data security measures allows privacy policy breach claims to survive, 961; some discovery limited, requests overbroad, 1382 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
