As I noted yesterday in an update to the original blog entry, the Maryland Department of Corrections has issued a 45-day moratorium on asking employees and applicants for their Facebook login after the Maryland ACLU went public with the situation and the story got spread far and wide. Alexis Madrigal, who had helped call attention…
Category: Workplace
Supreme Court Defers on Constitutional Right to Information Privacy; Scalia Predicts Increased Litigation
Bret Cohen writes: On January 19, the Supreme Court decided NASA v. Nelson, a case brought by NASA contractors alleging that questions asked by the federal agency in a background check violated their constitutional right to information privacy — i.e., a constitutional privacy interest in the government “avoiding the disclosure of personal matters” recognized in a pair of…
Should Govt. Employers Be Allowed to Require Your Facebook Login? (updated)
Meredith Curtis of the ACLU of Maryland describes a case that should concern us all: Maryland corrections officer Robert Collins approached the ACLU of Maryland late last year, disturbed that he was required to provide his Facebook login and password to the Maryland Division of Corrections (DOC) during a recertification interview. He had to sit…
Could Your Firm’s E-Mail Policy Run Afoul of the Federal Wiretap Act?
Philip L. Gordon writes: Once seen only in the shadows of the war against organized crime, the Federal Wiretap Act should now be moving steadily and rapidly toward the top of the corporate compliance checklist. Robust civil remedies, recent court decisions and technological developments have transformed the act’s risk profile from a non-event to a…