Med Mal News
August 31, 2006
Recent happenings of interest to you and your practice.
Identity Theft
August 30, 2006
What are the legal liabilities a company faces when someone '' an employee or outsider '' breaches the company's security and accesses employee or customer confidential information? More than half the states have legislation addressing this problem. This article focuses on federal statutes that expose companies to potential civil and criminal liability for failing to take adequate steps to prevent the theft.
Thelen Reid to Get Its China License
August 29, 2006
Thelen Reid & Priest will receive its license to practice in China at a ceremony in Beijing on August 30, a sign of thawing in what was seen as a freeze on the government issuing licenses to foreign firms.
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.
