Compliance Stuff

As remote and hybrid work models have become the norm, the line between personal and professional digital life has blurred almost beyond recognition. Employees routinely use company-issued laptops and cell phones for personal activities, while employers increasingly rely on those same devices to investigate misconduct, prosecute or defend litigation, and preserve electronically stored information. At the center of this tension lies a deceptively simple question: who controls the employee’s personal data on the employer-owned devices? The importance of a clear resolution of the question of what may be private on a cell phone is difficult to overstate. For example: Mobile application software on a cell phone, or “apps,” offer a range of tools for managing detailed information about all aspects of a person’s life. There are apps for Democratic Party news and Republican Party news; apps for alcohol, drug, and gambling addictions; apps for sharing prayer requests; apps for tracking pregnan...

A high-tech company just announced that it will expand its deployment of smart glasses equipped with cameras, sensors, and internet connectivity to even more federal safety inspectors in 2025 so they have ability for real-time documentation, augmented reality features, and instant communication with outside personnel. Although details of OSHA’s intended use of the Vuzix M400™ smart glasses are limited,  the December 2 announcement  raised eyebrows in the employer community. After all, the continuous use of cameras and recording features raises significant questions about whether their use might violate constitutional protections and even OSHA’s own policies concerning the use of recording devices during inspections and interviews. What do you need to know about this development and what steps can you take now to protect your organization and your employees? What are Smart Glasses? Smart glasses are wearable devices equipped with cameras that can record video and audio, take p...

  Businesses with a website beware: California regulators just warned that the law prohibits your website from making website users jump through hoops or otherwise confusing them as they try to exercise their privacy rights, regardless of whether you intend to have that effect. If your website can be accessed by California residents, regardless of where your business is located, this news may impact your business. The California Privacy Protection Agency published its second Enforcement Advisory warning about the use of “dark patterns” – those interfaces that impair a website user’s ability to make a choice regarding the collection, use, or disclosure of their personal information – on September 4. It reflects the Agency’s focus on how privacy choices, particularly consent to use of cookies and other similar technologies on websites, are presented to consumers in compliance with the California Consumer Privacy Act (CCPA). What are the four steps you should take to ensure you comp...