BOOKS

EMPLOYMENT LAW
Global Employee Privacy and Data
Security Law, Second Edition
Morrison & Foerster LLP
Miriam H. Wugmeister and Christine E.
Lyon, Editors; Privacy and Data Security
Practice Group
Analyzing the complexities of privacy and data
security laws around the globe
In today’s global market, employers share and
move more information than ever before as they centralize human resources
processes to achieve greater efficiency and cut costs. For employers operating
on a global scale and the attorneys advising them, the complications are, as
a result, all the more problematic. More than 65 countries now have their own
data protection laws that regulate the collection, use, transfer, and disclosure
of personal information. The complex and sometimes conflicting obligations
imposed by these different laws have made compliance a struggle for
companies operating in more than one country.
With the Second Edition of Global Employee Privacy and Data Security
Law, employers can successfully navigate the waters of international data
security law. This treatise is designed specifically to help privacy professionals,
human resources professionals, and attorneys understand international workplace
privacy and data security laws and their relation to U.S. law and to help ensure
compliance with all requirements.
This resource covers all of the important issues related to international employee
privacy law, including background checks and investigations, monitoring and
surveillance, use of government identifiers and Social Security numbers, data
security, and security breach notification requirements.
This book is designed to be used with Morrison & Foerster’s “Privacy Library,” a
free resource available at www.mofoprivacy.com.
Miriam H. Wugmeister is a partner in the New York office of Morrison & Foerster LLP and
is chair of the firm’s Privacy and Data Security Practice Group.
Christine E. Lyon is a partner in Morrison & Foerster’s Palo Alto office, where her practice
concentrates on employment and privacy law.
SUMMARY OF CONTENTS
Chapter 1. Overview of Privacy and Data Security
Chapter 2. Background Checks and Investigations
Chapter 3. Email and Internet Monitoring/Video and Physical Surveillance
Chapter 4. Employees’ Off-Duty Conduct
Chapter 5. Confidentiality of Health Information
Chapter 6. Medical Examinations and Drug Testing of Applicants and Employees
Chapter 7. Personnel Records
Chapter 8. Use of Government Identifiers and Social Security Numbers
Chapter 9. Security Breach Notification Requirements
Chapter 10. Data Security: Maintaining an Information Security Program
2011/940 pp. Softcover/ISBN 978-1-57018-942-5
Order #1942/$265.00
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NEW EDITION!
Privacy in Employment Law,
Fourth Edition
By Matthew W. Finkin
Know the extent—and limits—of individual
rights and employer authority
Privacy in Employment Law, Fourth Edition is
the premier guide to employee/employer rights and
the limits of employer authority in securing information
about applicants and employees, disclosing such information, and controlling
activities in the U.S. workplace. The treatise provides lists of relevant state laws
that address topics relating to workplace privacy, including drug testing, access
to personnel files, lie detection, electronic monitoring, and more, in addition to
offering text of selected foreign statutes and the European Union directive on
privacy law.
Recent developments highlighted in this rapidly changing area that are reflected
in the Fourth Edition include:
• New legislation in 10 states that regulates employer access to
applicant and employee social media
• New legislation in nine states that regulates use of information on
credit-worthiness as a basis to deny employment
• The continuing judicial conflict on the standards governing employer
monitoring of employee communications conducted via companyprovided
equipment, including the question of whether a blanket
privacy disclaimer is sufficient to insulate employers from liability
• The continuing judicial conflict on whether an employee accessing an
employer’s data for ulterior purposes violates federal law and whether
such access is “unauthorized”
The Fourth Edition also discusses whether a GPS device may be attached to
an employee’s private vehicle by a public employer; whether an applicant’s status
as unemployed may be used to deny consideration for employment; whether use
of marijuana that is lawful under state law may be a ground for termination or for
denial of unemployment compensation benefits; whether an employee may leave
a firearm in a vehicle on the employer’s premises; and more.
Professor Matthew W. Finkin is the Albert J. Harno and Edward W. Cleary Chair in Law
at the University of Illinois, Champaign, Ill.
SUMMARY OF CONTENTS
Part I. An Analysis of Privacy in the Employment Relationship
Chapter 1. Medical Screening and Testing
Chapter 2. Drug, Alcohol, and Tobacco Screening and Testing
Chapter 3. Psychological Screening and Testing
Chapter 4. Interviews and Background Investigation
Chapter 5. Monitoring Employee Performance and Conduct
Chapter 6. Control of Employees
Part II. Statutory and Regulatory References
Polygraphy and Lie Detection
Drug and Alcohol Testing
Use of Tobacco, Alcohol, or Lawful Products Outside the Workplace
Access to Personnel Records
Job Reference Immunity
Social Security Numbers
Electronic Monitoring and Surveillance
Part III. Comparative Law
EU
Canada
New South Wales, Australia
Portugal
France
Table of Cases
Index
2013/1,162 pp. Hardcover/ISBN 978-1-61746-327-3
Order #2327/$445.00
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New Supplement Due Winter 2014.
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