INFORMATION

Site Map - Legal Report

Data Security

- California enacted a data-breach-notification law in 2002 requiring that companies notify consumers when a breach occurred. A new law (formerly S.B. 24) strengthens existing law by requiring that companies notify consumers in plain language of the name and contact information for the company holding the data, the types of personal information compromised, contact information for a major credit reporting agency, and whether notification was delayed due to a law enforcement investigation.

Weapons

- A new Indiana law (formerly S.B 411) prohibits employers from asking prospective or current employees questions about firearm ownership. Employers may not ask whether the employee owns, possesses, uses, or transports a firearm or ammunition unless these activities are required to fulfill the employee’s job duties.

Corruption

- A bill (S. 401) that would revise the criminal code to strengthen penalties for bribery and corruption convictions has been approved by the Senate Judiciary Committee. The bill will now be considered by the full Senate.

National Security

- A bill (S. 1125) to amend the Patriot Act, which was passed in the wake of 9-11, has been approved by the Senate Judiciary. The full Senate has agreed to consider the measure.The bill would revise the requirements for government access to business records in counterterrorism investigations by requiring the applicant to present a statement of facts and circumstances that justify the government’s belief that the records are relevant to an investigation. Currently the law allows the government to presume that such records are automatically relevant.  

Negligent Security

- A woman who was sexually assaulted while she was a patient in a psychiatric facility may pursue her negligence lawsuit against the hospital. The case was previously thrown out because it was deemed a medical issue to be pursued under a medical malpractice claim. A Tennessee appeals court disagreed, ruling that the case should be considered under a general negligence claim.

Legal Report

- The Washington Supreme Court has ruled that its medical marijuana law does not apply to private employers and does not protect employees from being fired for drug use. And OSHA issues a new directive on workplace violence.

Background Checks

- Connecticut Governor Dannel Malloy has signed a new law (formerly S.B. 361) making it illegal for employers to use credit reports to make employment decisions. Employers would not be allowed to require employees or applicants to consent to a credit check. Exceptions are made for financial institutions or any other industry where credit checks are required by law. Employers may also run checks if they believe employees are engaged in illegal activity or if the employer can provide evidence that the credit report is “substantially job-related.”  

Workplace Violence

- A new Connecticut law (formerly S.B. 970) requires healthcare facilities to conduct an assessment and then develop plans to prevent and respond to workplace violence. Employers must then train employees on the details of the programs. The law also requires that healthcare facilities maintain detailed records on workplace violence incidents and provide the number of incidents to the state’s health department. Under the law, any assaults on healthcare employees must be reported to local law enforcement within 24 hours.

Homeland security

- A bill (H.R. 963) that would grant immunity to those reporting acts of terrorism has been approved by the House Judiciary Committee. The bill must now be taken up by the full House of Representatives.

Cybersecurity

- A bill (H.R. 2096) that would mandate government cybersecurity efforts has been approved by the House Science, Space, and Technology Committee. The next step would be for the bill to be considered by the full House of Representatives.

Government Contractors

- A bill (S. 1145) that would expand the government’s ability to prosecute U.S. contractors that commit criminal acts in other countries has been approved by the Senate Judiciary Committee. The bill must now be taken up by the full Senate.

Online Privacy

- A bill (H.R. 1981) designed to thwart producers and consumers of online child pornography has been approved by the House Judiciary Committee. The House of Representatives has not announced whether it will consider the measure.

Legal Report

- A jury holds a property owner liable for negligent security and orders it to pay a rape victim $1.28 million. Lawmakers consider legislation on government contractors, online privacy, and homeland security.
 




Beyond Print

SM Online

See all the latest links and resources that supplement the current issue of Security Management magazine.