Category: Privacy Rights

City of Ontario v. Quon, The Supreme Court Weighs In on Employee Privacy Expectations

City of Ontario v. Quon, The Supreme Court Weighs In on Employee Privacy Expectations

City of Ontario vs. Quon, 560 U.S. ___ (2010) On June 17, 2010, the U.S. Supreme Court decided the case of City of Ontario v. Quon, No. 08-1332, 560 U.S. ___ (2010).  The decision was unanimous, with the Court’s opinion written by Justice Kennedy.  Justices Stevens and Scalia filed separate concurring opinions.  The Court held that the City of Ontario’s...

Consumer Privacy Issues

Consumer Privacy Issues

The Federal Trade Commission’s Sears Holdings Enforcement Action – Developments in Online Behavioral Advertising, Privacy and Social Media Companies engaged in online behavioral advertising – the practice of tracking an individual’s online activities to deliver advertising tailored to the individual’s interests – should review their privacy policies, terms of use and agreements and similar documents against their actual and contemplated...

Facebook and Privacy, Quirky Question # 129

Facebook and Privacy, Quirky Question # 129

Quirky Question # 129: One of our company’s employees apparently has a Facebook account.  Many of her co-employees are her Facebook “friends.”  One of our managers heard that at least some of these employees used the Facebook account to post very negative comments about the company and our managers, including him.  Consequently, he persuaded one of the employees who was...

Federal and State Privacy Laws, Compliance Deadlines Fast Approaching

Federal and State Privacy Laws, Compliance Deadlines Fast Approaching

Federal and State Privacy Laws The number and complexity of federal and state privacy laws continue to increase. These laws affect a broad range of public and private companies, including U.S. companies as well as foreign companies that conduct business in the United States. Any company that possesses personal information relating to U.S. employees, customers, shareholders or others likely is...

Use of Surveillance Cameras to Monitor Worksite, Quirky Question # 116

Use of Surveillance Cameras to Monitor Worksite, Quirky Question # 116

Quirky Question # 116: I am the owner of a small private company.  I was recently alerted by my secretary that various computers around the office, including some in private offices, have been used late at night to access the internet.  The late-night use has included accessing pornographic websites from a couple of the offices.  I need to discovery who...

Recording Phone Calls, Quirky Question # 85

Recording Phone Calls, Quirky Question # 85

Quirky Question # 85: We recently heard a rumor that a member of our software engineering staff is planning to leave and start a software company of his own that may compete with us.  Further, we have heard that he is discussing his plans with others outside of our company using the desk phones in our San Francisco office.  We...

Secret Use of Video Cameras to Monitor Employees, Quirky Question # 49

Secret Use of Video Cameras to Monitor Employees, Quirky Question # 49

Quirky Question # 49: We have had various situations where we have thought that secretly installing a video camera would help us identify individuals behaving inconsistently with our company’s workplace rules.  We don’t know whether this is a good or bad idea and we don’t know what risks are associated with secret videotaping of our employees.  Do you have any...

Disclosing Information Regarding Past Felony, Quirky Question # 38

Disclosing Information Regarding Past Felony, Quirky Question # 38

Quirky Question # 38: Our company is a food retailer.  We hired a convicted sex offender, who, after serving time in prison for his felony conviction, had been released.  Given that he had “paid his debt to society,” we felt that we should not refuse to hire him because of his prior conviction.  Moreover, because the job for which he...