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Full-Text Articles in Law
Hiding Evidence From The Boss: Attorney-Client Privilege And Company Computers, Kelcey Nichols
Hiding Evidence From The Boss: Attorney-Client Privilege And Company Computers, Kelcey Nichols
Washington Journal of Law, Technology & Arts
Recent court decisions in In re Asia Global Crossing, Ltd., People v. Jiang, and Curto v. Medical World Communications have held that attorney-client privilege can protect certain information located on an employer-issued computer from disclosure if the employee had a reasonable expectation of privacy. This Article provides a brief background on attorney-client privilege and explores the factors courts consider when determining whether an employee has this reasonable expectation. These factors include the scope of employer monitoring, the employer-employee agreement pertaining to the computer, the presence of password-protection, the location of the computer, and the relevancy of the evidence …
To Serve And Protect: Do Businesses Have A Legal Duty To Protect Collections Of Personal Information?, Derek A. Bishop
To Serve And Protect: Do Businesses Have A Legal Duty To Protect Collections Of Personal Information?, Derek A. Bishop
Washington Journal of Law, Technology & Arts
Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information—such as credit reporting agencies—have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches …
Compliance With California Privacy Laws: Federal Law Also Provides Guidance To Businesses Nationwide, Anthony D. Milewski Jr.
Compliance With California Privacy Laws: Federal Law Also Provides Guidance To Businesses Nationwide, Anthony D. Milewski Jr.
Washington Journal of Law, Technology & Arts
Over the past several years, personal information has been lost or stolen as a result of a series of high profile security breaches. In January 2006, the U.S. Federal Trade Commission announced that ChoicePoint will be required to pay $15 million in fines and penalties for a high profile security breach that occurred in 2005. The ChoicePoint breach and similar events have spurred an explosion of state and federal privacy legislation. In particular, the State of California has taken the lead by enacting the strictest disclosure and security procedure requirements in the country. The implications of California’s new laws can …