Robert J. Anello and Richard F. Albert write: Three recent district court decisions exemplify how courts have struggled with the Fourth Amendment questions raised by the intrusive nature of cellphone searches. Cellphones present Fifth Amendment problems too, as discussed in our June 9, 2021, article, “Hey SIRI, Does the Fifth Amendment Protect My Passcode?” As…
Category: Laws
More on OCR guidance on applicability of HIPAA to worker vaccination information
Despite HHS’s recent guidance on COVID-19 vaccine status and the workplace, some people seem to refuse to accept that HIPAA says what it says — and doesn’t say what it doesn’t say. Yes, as we all know, there are multiple laws and factors that can come into play, but if the question is “What does…
European Parliament Votes in Favor of Banning the Use of Facial Recognition in Law Enforcement
Lisa Peets, Marty Hansen, Sam Jungyun Choi, Marianna Drake, and Jiayen Ong of Covington and Burling write: On 6 October 2021, the European Parliament (“EP”) voted in favor of a resolution banning the use of facial recognition technology (“FRT”) by law enforcement in public spaces. The resolution forms part of a non-legislative report on the use of artificial intelligence…
Newly Effective Florida Law Imposing Criminal Sanctions Adds to Developing Nationwide Patchwork of State Genetic Privacy Laws
Libbie Canter and Rebecca Yergin of Covington and Burling write: [On] October 1, the Protecting DNA Privacy Act (HB 833), a new genetic privacy law, went into effect in the state of Florida establishing four new crimes related to the unlawful use of another person’s DNA. While the criminal penalties in HB 833 are notable,…