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In the past 15 months, employers have juggled many new and unique situations. Indeed, employers have been navigating their way through complex federal, state and local COVID-19 guidelines, while their employees have faced their own challenges related to work, family, and possible health concerns. As more employees return to the office, it may be a good time for employers to conduct a mid-year compliance check-up to identify any areas that need attention as COVID-19 mitigation protocols wane. Here are a few areas that Illinois employers should consider reviewing.
Employment Application: Many employers do not even use employment applications any more, electing instead to gather information about an applicant from the applicant’s resume and cover letter. Others, however, still require applicants to complete an application, either in writing or through an application dashboard. Whatever the case may be, since September 29,
CFAA May Not Apply but Agreements Requiring Information Deletion & Confidentiality May
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What to Do When a Departing Employee Downloads Information | Foley & Lardner LLP
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Last week, in
Van Buren v. United States, the United States Supreme Court ruled that the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §1030 et seq., is not implicated by improper use of computer systems to which an individual has authorized access. Rather, in a 6-3 decision, the Court ruled that CFAA prohibits obtaining information from areas of a computer system (e.g. files, folders, or databases) that are beyond the limits of the access granted to the individual.
Applied to the real world: Employee A is provided with access to the company’s HR database and uses that access to learn about co-worker salaries in order to negotiate for a raise. Employee B, a computer whiz, only has access to the company’s intranet available to all employees, but uses this access to “hack” into the HR database for a similar purpose. Employee B has violated CFAA, but Employee A has not.