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In Ehling v. Monmouth Ocean Hosp. Serv. Corp., 2012 U.S. Dist.
LEXIS 74558 (D.N.J. May 30, 2012), a supervisor convinced an
employee to access the private Facebook account of the plaintiff (a
co-worker and the union president), so that the supervisor could
view and print its contents. The supervisor then mailed copies of
several entries to various state agencies, claiming that the posts
(which criticized paramedics' response to a shooting at the
Holocaust Museum) showed a disregard for patient safety. The
plaintiff sued her employer for common law invasion of privacy
(among other claims), and the employer moved to dismiss. After a
detailed survey of the current state of the law concerning a right
to privacy in social media postings, and a conclusion that the law
was unsettled, the court held that the plaintiff stated a plausible
claim for invasion of privacy and denied the employer's motion
to dismiss. According to the court, the "[p]laintiff may have
had a reasonable expectation that her Facebook posting would remain
private, considering that she actively took steps to protect her
Facebook page from public viewing."
Note: This article was published in the
July 2012 issue of the New Jersey eAuthority.
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The 2010 theft of an unencrypted laptop containing confidential health care information made front-page news in 2013, not because a huge number of patients were affected, but for the exact opposite reason.
Identity theft is a serious threat. In 2012, more than 12.6 million adults became victims of identity theft in the U.S.1 And the costs have been astronomical.
On April 22 Verizon released its 2013 Data Breach Investigations Report (DBIR), which has since 2008 become a leading annual survey of data breaches, with participants across the globe.
Increasingly, privacy is a big concern in app development. California and other jurisdictions are ramping up enforcement efforts around existing privacy laws.
Understanding the complexities of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules is often a challenge for health care providers and consumers.
Any company that collects personal data from consumers should take proactive steps to have appropriate legal counsel review its data security practices, as well as its terms of service or privacy practices, to identify any potential problem areas.
The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published on its website a series of factsheets designed to educate consumers unfamiliar with their rights under the Health Insurance Portability and Accountability Act’s (HIPAA) Privacy and Security Rules.
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