Employment Privacy Blog

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

Illinois has introduced new workplace privacy legislation governing the use of artificial intelligence during the job interview process. The state legislature unanimously passed the Artificial Intelligence Video Interview Act (“the AIVI Act”), HB2557, which imposes consent, transparency and data destruction requirements on employers using AI technology during the job interview process. This comes at a time as many employers are beginning to take advantage of AI for hiring as recently reported by the Washington…
California’s Groundbreaking Privacy Law Amended: What Do Employers Need To Know? Governor Gavin Newsom just signed into law two amendments to the California Consumer Privacy Act (CCPA) that will have a direct impact on employers doing business in the state. The new amendments, signed on October 11, 2019 and taking effect on January 1, 2020, require covered businesses meeting a certain revenue threshold or other criteria to implement policies and procedures that provide consumers –…
New York Expands The Data Breach Umbrella: More Cybersecurity Incidents Will Require Breach Compliance From Businesses Who Possess Private Information For New York Residents On July 25, 2019, New York Governor Anthony Cuomo signed the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) into law.  The Act creates additional protections for the residents of New York and their private information.  It also endeavors to improve cybersecurity measures for those who possess private information…
Have You Thought About Encrypting Your Company’s Data, And Its Communications? Perhaps You Should Alright. So, you’ve battened down the hatches of your company’s premises, to protect your employees and your information. Employees are required to create secret computer passwords they’re not to share with anyone, even colleagues. Your policy requires changing passwords every 45 days. You’ve installed security guards at the front desk, distributed security badges to limit access to your premises, conducted background…
Thanks to recent negotiations among state lawmakers, it appears that California employers may get a temporary reprieve on some of the more sweeping data privacy requirements that were set to take effect in just a few short months. However, the pending legislation that would provide the delay would not exempt employers from significant disclosure requirements that also comprise the California Consumer Privacy Act (CCPA) – meaning you should still be in the process of preparing…
Early last year, I posted about tougher, bi-partisan privacy and data security legislation in the works in North Carolina. North Carolina State Representative Jason Saine (R), Senior Appropriations Chair, teamed-up with North Carolina Attorney General Josh Stein (D) and issued a fact sheet outlining what the new legislation would include.  Finally, on April 16, 2019, Representative Saine (R), Senior Appropriations Chairman, House Deputy Majority Leader Brenden Jones (R), and House Deputy Democratic Leader Robert Reives,…
An amendment to New Jersey’s data breach notification requirements of the Consumer Fraud Act is currently awaiting signature by State Governor Phil Murphy.  The bill, Assembly No. 3245, was recently passed by both the New Jersey Senate and Assembly.  If signed into law as expected, the amendment will expand the definition of personal information to include “user name, email address, or any other account holder identifying information, in combination with any password or security question…
By now, we are all too familiar with the issues and pitfalls associated with cybersecurity breaches in a multitude of industries. Consider Equifax, Home Depot, Yahoo or Target, to name a few. Those well-publicized incidents overwhelmingly concerned customer and/or consumer privacy invasions, but touched barely, if at all, on whether those breaches compromised employees’ private information, or whether those companies should have done more to protect not only their customers’ information, but their employees’ as…
Illinois Supreme Court Ruling: Biometric Privacy Law Only Requires Violation, Not Actual Harm Summary On January 25, 2019, the Illinois State Supreme Court ruled that the state’s Biometric Information Privacy Act (BIPA) only requires individuals to show violation of the law to bring suit. Businesses with a presence in Illinois that gather “biometric identifiers”, which include a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry, are now at a greater…
Don’t Take the Bait!  “Spear Phishing” and “Whaling” Take Scams to the Next Level For several years now, we’ve been alerting employers about the dangers of phishing scams that attempt to obtain private and personal information from employers.  See some of our previous posts here, here here, and here.  Many of these scams rear their ugly head around tax season, with attacks targeting human resources staff and payroll personnel in particular. However,…