My colleagues over at Privacy and Security Matters Blog and Mintz Levin's Health Law section have just published interesting commentary on the newly-published HIPAA Omnibus rule, along with a chart that provides a section-by-section analysis of the new rule.
My colleagues at Privacy and Security Matters blog have written extensively about the concept of “reasonable security” in the workplace, particularly in the context of the phenomenon known as the “bring your own [personal] device” or “BYOD” trend. Companies are grappling with the wisdom of allowing employees to blend personal information with corporate information and the risks posed by the lack of control on corporate information once BYOD is permitted. Many companies are playing catch up to control these risks and implement policies and procedures. For more, click here and here.
Does an employer invade an employee’s privacy by accessing and reviewing the employee’s email? A recent Massachusetts Superior Court decision, Falmouth Firefighters Union v. Town of Falmouth, answers “no.”
In recent months, a number of clients have asked us to provide recommendations concerning the do's and don't's for sending emails and other electronic communications.
In response to these requests, we have put together a summary of best practices for electronic communications, which can be found here. Among other things, these tips stress the importance of remembering that any email could end up blown up in a court room, and also talk about practical steps that can be taken to best preserve attorney-client privilege.
