Personal Data Protection Law in China
August 16, 2006
China currently has no single, integrated personal data protection law. Data protection concerns do exist, but are expressed through various unrelated laws that originate in other fields (such as constitutional law or computer law) that contain certain compliance requirements that are, in practice, much like complying with a personal data protection law. For instance, there is a national law protecting the privacy of minors. This law is practically implemented through regulations enacted by each province.'
Privacy and Brazilian Law
August 16, 2006
The need for laws written expressly to protect the privacy of personal consumer data is a growing global phenomenon. It began primarily in more technologically advanced countries, where communication between individuals or companies via electronic means has overtaken more traditional means of communication. In addition, countries that place a high level of importance on democratic values also tend to prioritize protection of privacy, given that individual human rights and individual freedoms are typically important values in such societies. A third relevant factor related to a country's focus on protecting privacy is the level of participation a country's citizens have in the market. A country in which its citizens participate actively in the market has a greater need for the collection, storage, sorting, sharing, and other manipulation of consumer data. Therefore, such countries become a target for individuals or organizations wishing to economically tap such information.
Employers' Duty to Monitor Employees' Internet Activities
August 16, 2006
In a case with potential national implications, a New Jersey court recently held in a case of first impression that employers have a legal obligation to investigate an employee's activities when they know or have reason to know that the employee is using a workplace computer to access child pornography. <i>Doe v. XYC Corporation</i>, 382 NJ Super. 122 (App. Div. 2005). The court also held that an employer is required to report the employee's activities to the proper authorities and to take 'effective internal action' to stop the employee's activities. Based on the facts of the case, the court also ruled that 'no privacy interest of the employee stands in the way of this duty on the part of the employer.' XYC Corporation filed notice that it was petitioning the New Jersey Supreme Court to review the decision. However, the parties settled the matter, and XYC Corporation withdrew its petition.
Disposal of Computer Systems: Removal of Information
August 16, 2006
Your business is in the process of upgrading and replacing its computer assets and deciding what to do with the old servers, computers, and laptops. You might sell them, donate them to charity, or simply toss them in the garbage because they are 5 or more years old. Before you choose any disposal option, however, you should first consider what type of information may be stored on those old computer assets and then determine whether your business has a duty to protect that information as part of the disposal process.
<b>Online Exclusive:</b> Around the States
August 15, 2006
<b>California.</b> The <i>San Francisco Chronicle</i> drew attention last week to a little-noticed new law in California, SB 569.<p><b>Massachusetts. </b><i>The Boston Globe</i> reported that insurers and employers in the state have asked Gov. Mitt Romney (R) to reconsider a proposal by the state health department to require them to provide the Social Security number of each employee as part of the state's new, comprehensive health care program.
<b>Online Exclusive:</b> Best Practices for E-mail Security
August 15, 2006
E-mail has a tremendous potential to become the source of leakage of information from any organization, but chief security officers are rapidly taking advantage of new technologies to stop leaks while enabling the flow of appropriate information.
Landlord & Tenant
August 15, 2006
Recent cases of importance to you and your practice.
Assignment of Claims Act Thwarts Water Contamination Suit
August 15, 2006
A suit against the United States for damage to water assets that could have been brought by the previous owner of the rights was dismissed for failure to comply with the Assignment of Claims Act, 31 U.S.C ' 3727.
