On April 17, 2013, Mexico's new Privacy Notice Guidelines will go into effect. The Guidelines impose extensive requirements for furnishing adequate data privacy notices and obtaining consent before personal data is collected directly from a person or electronically via "cookies," "web beacons" or other automated means. The Guidelines are mandatory and particularly important to employers that regularly collect, process, and/or transfer personal data about employees or job applicants, and to companies operating or advertising in Mexico that use media technology that automatically collects personal data online. To learn more about the Guidelines, please see Littler's ASAP, Mexico's New Privacy Notice Guidelines Require Immediate Action, by Javiera Medina Reza and Eduardo Osornio Garcia.
Supreme Court of Canada Concludes that Employees May Have a Reasonable Expectation of Privacy in Relation to Their Work-Issued Computers
The Supreme Court of Canada released its eagerly awaited decision in R. v. Cole, 2012 SCC 53, on October 19, 2012. In the decision, the Court held that employees may have a reasonable, though diminished, expectation of privacy in personal information stored on their work computers - at least where the personal use of such devices is permitted or reasonably expected by employers. This reasonable expectation of privacy is protected by the Canadian Charter of Rights and Freedoms. To learn more about the decision, please continue reading at our collaborative blog, Global Employment Law.
What Does the Criminal Conviction for Privacy Law Violations of Three Google Executives in Italy Mean for Multi-National Employers in the U.S.?
On February 24, 2010, a Milan court convicted Google’s Chief Legal Officer, Global Privacy Counsel, and a former member of Google Italy’s board of directors for violating Italian privacy law and imposed a six-month, suspended jail sentence. The case stemmed from a posting on Google Video® — a YouTube® predecessor — of a video depicting several teenagers bullying a classmate with Down’s Syndrome. Although the Google executives had no involvement in either the posting or in the decision whether and when to remove it, Italian law imposes criminal liability on senior executives for the actions of the corporation. Prosecutors alleged that Google should be held responsible not only for permitting the video to be posted in the first instance, but also for allegedly not having acted quickly enough to remove the video after receiving a complaint.Continue Reading...