New International Compliance Guide for Use of Technology Monitoring Systems

June 11, 2021

As high-profile cybersecurity breaches create real world disruptions for millions of Americans, HR Policy Privacy Counsel Harriet Pearson of Hogan Lovells published a new guide for employers on regulations surrounding technology monitoring systems deployed to address cybersecurity concerns.

Protecting the Workforce and Information in a Global Landscape Harriet Pearson and Hogan Lovells Counsel W. James Denvil’s new compliance resource offers guidance for employers seeking to increase cybersecurity protections through user activity monitoring solutions, which record and analyze user interactions with applications, databases, and other information resources.  

Increasingly, employers are being met with new challenges in establishing cybersecurity programs, particularly with remote work and the emergence of new technologies.  The need for such security measures is increasingly recognized, even by data protection authorities.

The report covers the key legal issues implicated by using activity monitoring solutions, describes the relevant legal framework in 15 countries, and provides practical tips employers can use when developing their cybersecurity programs.  

Meanwhile, the Colorado legislature passed the Colorado Privacy Act with overwhelming support in both chambers.  Governor Jared Polis (D) is expected to sign the measure within 30 days.  Colorado will join California, Virginia, and Nevada in an expanding patchwork of data privacy measures nationwide.  New York, Texas, Massachusetts, Connecticut, Illinois, and New Jersey are also considering such measures. 

The Colorado bill does not cover data maintained for employment records purposes or individuals acting in an employment context and does not include a private right of action. 

Outlook:  The domino effect predicted in 2018 as California passed its data privacy law is in full swing.  The new Virginia data privacy law will go into effect January 1, 2023, with the Colorado Privacy Act set to take effect not long after on July 1, 2023.  As stakeholders grapple with the challenges of compliance across state borders, pressure will mount on Congress to pass a national law.  HR Policy will continue to lead an effort among employer groups to ensure that employment data is not subjected to rules governing the collection of data for other purposes.