Gert-Jan Fraeyman and Peter Craddock of DLA Piper write: On 22 February 2018, the European Court of Human Rights (ECHR) decided a case concerning the alleged violation of Article 8 of the European Convention on Human Rights (the Convention) in the context of controlling an employee’s personal files stored on the hard drive of his…
Category: Workplace
Not So Fast! HIPAA (Surprisingly) Doesn’t Apply to THAT!
Jessica Forbes Olson of Fox Rothschild writes: Many employers who have had it drilled into them that HIPAA applies to protected health information (PHI) of employees are often surprised to learn that the applicability of HIPAA to employee health information (EHI) is actually quite narrow. HIPAA only applies to EHI related to the employer’s group…
Indiana District Court Dismisses Plaintiff’s Lawsuit Against Pharmaceutical Manufacturer For Disclosure of Private Health Information
Erica Yen writes: As noted in our post last month, the fact that HIPAA does not provide for a private right of action has not stopped some state courts from allowing negligence claims using HIPAA to define a standard of care. That post discussed the Connecticut Supreme Court’s questionable creation of a new tort of…
Dutch employers want privacy law changes, to test staff for alcohol and drugs
DutchNews.nl reports: The two main Dutch employers organisations VNO-NCW and MKB-Nederland have called for changes to the privacy laws to allow companies working with chemicals and radioactive products to test staff for drink and drugs. They say employers in sectors where public safety is an issue should be able to test staff. ‘What if a…