Privacy and Data Security

Workplace privacy has become a growing concern for employers as new technologies enter the workplace and legislation and case law in the area becomes more complex. In an era of advanced background checks, instant transfers of sensitive personnel information, and pervasive social media activity by employees, Littler advises a wide range of businesses on successfully navigating the intersection of privacy, data protection, and a technology-driven workplace.

Employers face a daunting challenge in addressing concerns about employees and job applicants while complying with an intricate web of federal, state, local and international privacy and data protection laws. We have the experience to help clients avoid costly civil litigation and government-enforcement actions – not to mention the negative publicity and loss of goodwill that often accompany privacy-based disputes.

Our team of lawyers provides employers with the full range of services needed to address emerging privacy and data protection issues.  These services are aimed at achieving the following results, among others:

• Reduce the risk of a workplace security breach and respond appropriately when one occurs
• Assist in complying with the laws and regulations governing employee health information, including the HIPAA privacy and security rules, the HITECH Act, GINA, and the ADA
• Develop appropriate policies to regulate the use of the latest technologies that impact the workplace, such as social media, location tracking, data loss prevention software, and e-mail and Internet monitoring
• Advise businesses of all sizes on the lawful use of background checks for employment purposes
• Satisfy the requirements of international data protection regimes to ensure the lawful collection, use, and transfer of information about overseas employees
• Prepare drug and alcohol testing policies and employee assistance agreements that protect the employer and respect employee privacy rights
• Negotiate outsourcing contracts that protect the employer when third-party service providers breach employee confidentiality
• Defend claims alleging a privacy or security breach.

Littler is at the forefront of this developing area, constantly seeking new ways to help our clients get the greatest benefit from the latest technology while minimizing their exposure to litigation and government enforcement actions.