Wearable technology continues to do a full court press on the marketplace and in the process, the step counters of the world and health apps tied to devices capable of tracking real-time biostatistics, are revolutionizing the way companies think about wellness. Wearables are the latest in workplace fads and they’ve got the numbers to back it up: sales are likely to hit $4 billion in 2017 and 125 million units are likely to be shipped by 2019. Wearable technology has transformed the workplace just as more and more employers are utilizing wellness programs to improve employee motivation and health. As the popularity of these technologies soars, so too will concerns around the associated privacy and data security risks. In this blog post, we discuss just a few of the legal implications for employers who run wellness programs embracing this new fad.
Cynthia Larose is a Member in Mintz Levin’s Corporate Group and leads our Privacy and Security practice. She is a Certified Information Privacy Professional, working with clients in various industries to develop comprehensive information security programs on the front end, and providing timely counsel when it becomes necessary to respond to a data breach.
We are well into March Madness … and Happy St. Patrick’s Day!
You may have already had your bracket busted by now…..but you should have Mintz Levin’s Third Annual Employment Law Summit on your schedule and the panel on Cybersecurity and Employee Data Breaches may help you avoid a security incident/personal data buster.
Did you know that the world is now inhabited by creatures called Pokémon? (Or maybe they’ve always been there?) Some run across the plains; others fly through the skies; and some live in the mountains….and some, yes, some, are located right in your workplace. Through the magic of downloading Pokémon Go to your smartphone, you too can see these creatures and catch them for some apparently critical scientific testing.
Employers not familiar with Pikachu, Charizard, and Lucario can rest assured – your employees are. In less than one week, Pokémon Go became the most downloaded smartphone videogame ever, and employers are clamoring for advice on how to deal with a workforce that already seems sufficiently and consistently distracted.
From: Carrie Counselor
To: Ned Help
Date: May 19, 2016
Subject: RE: Privacy considerations for employees working abroad
I understand that one of your employees will be engaging a six-month temporary assignment around Europe to scope market opportunities, and you’d like to have a better understanding of what to be thinking about in terms of privacy. Great question! This is an area where many employers struggle because other jurisdictions protect privacy and personal data quite differently than we do here in the United States.
Not only is it “March Madness” time, it is also prime tax return filing time. That means that the email scammers are out in full force as well.
In the last 10 days, we have seen a marked uptick in what are called “phishing” attacks. Actually, it’s more like an epidemic.
The Court of Justice of the European Union (ECJ) has now declared Safe Harbor invalid – in total. The ECJ has sent the case back to the Irish Data Protection Authority to determine whether Facebook Ireland’s transfer of personal data to the US is permitted under EU data protection law, in light of Facebook’s participation in the NSA’s PRISM program and bereft of the shelter of Safe Harbor.
If your company relies exclusively on Safe Harbor as the basis for its transfer of personal data from the EU to the US, it will need to find another basis for the transfer as soon as possible. This is relevant to any US company that has employees in Europe and could impact how—and even if—HR personal data is transferred, accessed, processed from any EU employees to its US operations. It could also impact the utilization of HRIS cloud systems.