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Europe’s Right to be forgotten: update on implementation guidelines

Last week we wrote that the Article 29 Working Party (“Working Party 29?) has adopted guidelines relating to the implementation of the European Court of Justice’s Google ruling on the right to be forgotten. ...more

Orrick's Financial Industry Week in Review

FCA has Published a Consultation Paper on Regulatory Fees and Levies for 2015/16 - ?On November 27, the Financial Conduct Authority (FCA) published for comment a consultation paper on its fees and levies as part of...more

Are Dynamic IP Addresses "Personal Data"? German Federal Court of Justice seeks advice from the European Court of Justice

The German Federal Court of Justice (GFCJ) was scheduled to judge, on October 28, 2014, whether dynamic IP addresses are "personal data" as defined in Article 2 of the EC Data Protection Directive, and if so, under which...more

Europe: Right to be forgotten guidelines adopted by WP29

The Article 29 Working Party, the European data protection advisory body consisting of representatives of the national data protection authorities of the EU Member States, announced yesterday that they have adopted guidelines...more

Two Privacy Class Actions: Facebook and Apple

Two privacy class actions earlier this year have pitted technology giants Facebook Inc. and Apple Inc. against Canadian consumers who allege privacy violations. The two cases resulted in very different outcomes. First,...more

Toward the enforceability of the “right to be forgotten” in Europe

The European Court of Justice, in a decision rendered on May 13, 2014, held that search engines are considered data controllers under the Directive of October 24, 1995 on data protection, and as such they must provide data...more

Behind the Great Firewall Of Ediscovery In Asia

When dealing with US requests for data subject to ediscovery rules in Asia, corporate counsel at multinational corporations must be on top of their game. Managing ediscovery in the United States alone presents a significant...more

Feds Pose Privacy Risk by Grabbing Overseas ISP E-mails

Microsoft Corp. is appealing the recent decision of U.S. District Judge Loretta A. Preska which requires the company to disclose the contents of e-mails stored at a data center in Dublin, Ireland, in compliance with a warrant...more

Microsoft Stands Up in Court for European Privacy Rights?

A Stored Communications Act (SCA) search warrant case arising out of a New York federal narcotics trafficking investigation is being closely watched by EU data protection authorities, privacy advocates, multinational...more

Microsoft loses third round of battle against extra-territorial warrants

On 31 July, the chief judge of the Southern District of New York delivered the latest in a series of controversial judgments stemming from a test case brought by Microsoft in an extra-territorial warrant issued under the U.S....more

Microsoft Loses Round in Fight Over Email Held in Irish Data Center

Rarely do Microsoft, AT&T, Verizon, Apple, Cisco and the ACLU all agree on a particular subject; rarer still that such an unlikely coalition fails....more

Is There A Right To Be Forgotten? The Court of Justice of the European Union Says “Yes”.

Since Google, a web search engine provider, became a multi-billion dollar company, it has steadfastly refused to remove internet search results on a discretionary basis. In fact, Google support expressly provides that...more

Online Privacy: Friend or Foe to the American Public?

A recent court ruling in Europe will present new challenges to online corporations such as Google Inc. and Microsoft Corp. Not only will this directly affect their operations in the E.U., but it will also have implications...more

Cybersecurity: Litigation, Crime & Enforcement

On December 19, 2013, Target publicly announced it had experienced a data security breach via malware installed on its point-of-sale network. Forty million customer credit and debit card numbers, encrypted PINs, and CVV codes...more

U.S. Steps Up Efforts to Make “Safe Harbor Safe Again” – FTC, Justice Department Work to Keep EU Happy and Avoid Pull Back from...

Within the span of two days, both the Federal Trade Commission (FTC) and the U.S. Department of Justice announced initiatives meant to assuage the European Union’s concerns over trans-Atlantic data flows and to secure...more

The Right to Be Forgotten, Everywhere

While most people have focused on the free speech and implementation difficulties of the “right to be forgotten” announced by the European Court of Justice (ECJ) in Google Spain SL, Google Inc. v. Agencia Española de...more

Google Begins the Process of Implementing the 'Right to be Forgotten'

Google has taken the first step to implement the “Right to be Forgotten” decision by the European Court of Justice (ECJ). It has provided individuals a form to complete to request that their personal information be...more

EU’s Ruling Not “To Be Forgotten” Anytime Soon

Last week, the Court of Justice of the European Union ruled that individuals have the “right to be forgotten.” In other words, individuals have the right to control their data and can ask search engines to remove links to...more

UK Gives Search Engines Time to Comply With 'Right to Be Forgotten'

The UK data protection watchdog has said that it will give search engines like Google some time to put measures in place to respond to requests to take down links in search results. ...more

Cyber Law Tracker: Privacy Victory in Europe: EU’s Highest Court Requires Google® To Comply With An Individual’s Demand “To Be...

The European Union's highest court has issued a landmark ruling: henceforth, individuals may influence what information search engines display about them. Before Tuesday's ruling, search engines such as Yahoo®, Google®, or...more

European Court of Justice rules right to be forgotten principle applicable to search engines

In a landmark ruling the European Court of Justice has ruled that search engines, as a principle, need to remove the link between search results and a webpage if it contains information the individual deems should be...more

SDNY Significantly Broadens Reach of Warrants under the Stored Communications Act: Forces Microsoft to Produce Customer Email on...

Last Friday, in the Southern District of New York, U.S. Magistrate Judge James C. Francis IV compelled extensive production of the contents of an unnamed user’s email account stored on a Microsoft server located in Dublin,...more

EU High Court Overturns Telecom Data Retention Requirements

The Court of Justice of the European Union, the highest court in the EU, declared the EU’s 2006 Data Retention Directive invalid in a judgment issued on April 8, 2014. The directive, which has been implemented via national...more

European Court Of Justice Declares Data Retention Directive Invalid

The Directive requires public electronic communications providers to retain certain communications data (essentially traffic data) to help in the fight against serious crime. It came into force in 2006 after a number of...more

Dear Mr. Snowden: Is it reasonable to expect my attorney-client communications are confidential?

Last month, Edward Snowden provided the press a document describing “how Australian intelligence conducted surveillance of trade talks between Indonesia and the United States and, in the process, monitored communications...more

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