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• Cameraphones: Innocuous Gadgets Or Workplace Threats ( August 2004 )
  Torys LLP

  Cameraphones--the latest ubiquitous technology--come with their own dangers. Although no federal or state laws yet regulate the use of cameraphones in the workplace per se, inappropriate use of cameraphones can violate myriad laws already on the books.

• Employers Do Not Violate the ECPA by Accessing Employee E-mails on Company-Provided File Servers ( March 2004 )
  Bingham McCutchen LLP

  On December 10, 2003, the United States Court of Appeals for the Third Circuit ruled against an employee who sued his employer for accessing his emails without his permission, alleging a violation of his privacy rights under the federal Electronic Communications Privacy Act. This decision illustrates the importance of a well-drafted electronic monitoring policy.

• Employees' Right To Privacy In Washington ( September 2003 )
  Nick  Beermann of Ogden Murphy Wallace, P.L.L.C.

  Employers often have a need to inquire into their employees' personal lives for such purposes as determining fitness for a particular position, ensuring productivity and preventing illegal activity in the workplace. This article discusses these issues and provides a broad outline for employers to refer to when dealing with employee privacy.

• Implementation of HIPAA'S Privacy Rules ( May 2003 )
  Karen L. Kahn of Modrall Sperling

  The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") Privacy Rules took effect on April 14, 2003.  Businesses are seeking legal help with various parts of the Privacy Rules: reviewing Business Associate Agreements; drafting Privacy Notices and HIPAA Compliant Authorizations; revising personnel policies relating to ADA, FMLA, Workers' Compensation, and Drug Testing; and resolving issues of privacy involved in providing service to minors.

• Minnesota Recognizes Right of Privacy ( February 2003 )
  John W. Provo of Maslon Edelman Borman & Brand, LLP

  In a landmark decision expected to have far-reaching consequences for businesses that collect and use personal information about their customers, patients, employees or consumers, the Minnesota Supreme Court ruled recently that Minnesota should join a vast majority of states that recognize a civil cause of action for "invasion of privacy."

• Practical Guidance for Physicians ( February 2003 )
  Dave  Schoolcraft of Miller Nash LLP

  The privacy, security, and electronic-data provisions of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") require the immediate attention of physicians and other "covered entities" to ensure proper compliance. By April 14, 2003, all physicians qualifying as covered entities must be in compliance with the HIPAA privacy standards.

• Kid Gloves: Interviewing and Reporting On Minors ( January 2003 )
  Victor A. Kovner and Jennifer L. Brockett of Davis Wright Tremaine LLP

  Minors are always in the news. 2002 has featured stories on kidnapped children, sexual abuse by members of the clergy, foster children lost by their social workers, the dating habits of teenage pop-stars, and a seventeen year-old alleged serial sniper. Relying on children as news sources about non-controversial events is not problematic. But conducting or publishing interviews with minors about sensitive subjects, or about their own involvement in controversial events, poses legal risks not present when adults provide information.

• Right to Privacy In the Workplace In the Information Age ( January 1995 )
  Lloyd L. Rich of The Law Office of Lloyd L. Rich

  This article discusses whether current law provides adequate protection of individual privacy rights in the increasingly technological workplace.

• Employee Privacy in Minnesota: Avoiding Liability Exposure in Medical Workplaces ( May 2000 )
  Susan E. Oliphant of Maslon Edelman Borman & Brand, LLP

  Medical employers, like other employers, need to be aware that too much monitoring of employees can cause unnecessary stress in the workplace.

• Employees' Rights to Privacy ( February 2000 )
  Lisa  Mann of Modrall Sperling

  Increasingly, employers are discovering that they need to know facts about their employees which may not be immediately apparent in the workplace - facts about their employees or prospective employees' credit and prior histories, facts about their employees' conduct in the workplace during "personal" or "break" time, facts about their employees' use of e-mail or Internet, facts about their employees' off-duty conduct, and facts about their employees' medical conditions.