Communications & Media Privacy

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
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Workplace Investigations and Privacy of Electronic Communications

The situation is common enough: an employee is alleged to have engaged in misconduct and, as part of its investigation, the employer decides to search the employee’s company-issued computer for any relevant documents and...more

NY AG Announces Settlements with Three Mobile-Health App Developers Over Privacy, Marketing Concerns

On March 23, 2017, New York State Attorney General Eric T. Schneiderman announced settlements with three mobile health application (app) development companies aimed at curbing deceptive marketing practices and inadequate...more

Endless jurisdiction: Application of PIPEDA and court orders outside of Canada

Federal Court ruling in A.T. v. Globe24h.com1 raises issues concerning the reach of Canadian courts’ jurisdiction. Overview - In A.T. v. Globe24h.com, the Federal Court of Canada (the Court) held that the Personal...more

Hogan Lovells academic all-stars debate hot tech topics

On 17 March Hogan Lovells hosted a live webinar where several of our Global TMT thought leaders interviewed a panel of academic experts from our Law and Technology Academic Advisory Council on the key legal and tech trends...more

Defamation and Data Protection: A Twin-Barrelled Approach to Claims Against Publishers

In the recent case of Prince Moulay Hicham v Elaph Publishing Limited, the Court of Appeal held in a unanimous decision that a claimant could include an action under the UK Data Protection Act 1998 (‘DPA’) as an alternative...more

Two Second Circuit Cases, Two Applications of Campbell-Ewald, Two Different Results, Three Weeks Apart

Within roughly three weeks, the Second Circuit issued two opinions applying the Supreme Court’s Campbell-Ewald Co. v. Gomez decision to class action cases involving Rule 68 offers of judgment. On February 15, 2017, in Leyse...more

Trump Budget Raises Questions about Approach to Cybersecurity

On Thursday, March 16, 2017, President Trump unveiled his “America First” budget blueprint. One of the most important quandaries for those in the cybersecurity world is how the proposal to reorganize the executive branch to...more

Advertising Law - March 2017 #3

Stop Pulling My Leg: Pully Block Systems Not “Made in USA” - A distributor of pulley block systems agreed to stop making what the Federal Trade Commission said were false, misleading and unsupported claims that its...more

Privacy TIp #79 – Consumer Reports Will Help Us With Privacy + Security of Products

What a great idea! Trusty Consumer Reports has announced that it is collaborating with three cybersecurity firms to “create a new standard that safeguards consumers’ security and privacy—and we hope industry will use...more

Third Circuit Holds Criminal Defendant in Contempt for Refusing to Decrypt Hard Drives

In a precedential ruling, the Third Circuit Court of Appeals this week upheld a lower court’s ruling holding a criminal defendant in contempt for refusing to decrypt two external hard drives that were seized during a child...more

Digital Divide Deepens: Tech Community Backs Second Circuit in Clash with Magistrates over Reach of U.S. Warrants

The technology community took aim at a recent federal magistrate’s ruling that ordered Google Inc. to comply with search warrants seeking customer emails stored on servers abroad, calling the decision “an impermissible...more

TCPA Connect - March 2017

Defendant’s Calling System Ruled Not an Autodialer - A Telephone Consumer Protection Act defendant successfully persuaded a Michigan federal court judge that its calling system was not an automated dialing system because...more

Congress, FCC Weigh Measures to Repeal ISP Privacy Rules

Last October, the Federal Communications Commission (FCC) approved new privacy rules governing how Internet Service Providers (ISPs) are permitted to use and share its customers’ personal information. The rules have been...more

Email Marketing Attorneys and the FTC Clash Over and Settle Spam Claims

Last week, email marketing lawyers and the Federal Trade Commission (“FTC”) announced a $500,000.00 settlement between the agency and a company offering weight-loss products which were allegedly marketed via email in...more

More Broken Privacy Promises from Upromise: Key Takeaways From Upromise’s Latest Settlement with the FTC

“Don’t make promises that you don’t intend to keep” is an admonishment received by every child and delivered by every parent. This pithy maxim is equally applicable to consent orders entered into with regulatory authorities....more

Video Viewing Information: A How-To Guide

The Video Privacy Protection Act (“VPPA”) was passed in 1988 in reaction to a fear that people other than a consumer and a video rental store could collect information on a consumer’s video rental history. This was not an...more

California Supreme Court: Government Communications on Private Accounts Are Public

Recent decision points to the original intent of the California Public Records Act in the evolving debate over government transparency. Key Points: ..California Supreme Court rules that emails and text messages sent...more

Advertising Law - March 2017 #2

Privacy Policy, Notifications Mandatory Under Updated Google Rules - On March 1, Google updated its Play Store policies with a host of changes that took effect on March 15, including a requirement that app developers...more

Consumer Review Fairness Act Taking Effect

The Consumer Review Fairness Act (CRFA) began to take effect yesterday, March 14, 2017. One aim of the CRFA is to protect consumers’ ability to publicly review services and vendors without being subject to restrictions or...more

United Kingdom Privacy Office Issues Guidance on Consent Under GDPR

The EU General Data Protection Regulation (GDPR), which takes effect in May 2018, will require companies to reassess their mechanisms for obtaining, tracking, and verifying individuals' consent. Companies will need clear and...more

FTC Hosts FinTech Forum on Artificial Intelligence and Blockchain Technologies, Part II

As previously reported, on Thursday, March 9th, the Federal Trade Commission (FTC) hosted a forum on the consumer implications of recent developments in artificial intelligence (AI) and blockchain technologies. This is the...more

Privacy, Please

Studies show that Americans are more worried than ever about data privacy and security on the internet. Every time you go online, you reveal a lot of information about yourself: what you browse, where you shop and what you...more

Global Privacy & Cybersecurity Update Vol. 13

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

Defamation and data protection claims can be brought in parallel

The English Court of Appeal has confirmed in a recent case that data protection claims may be brought hand-in-hand with defamation claims. The case provides a reminder to businesses that the use of data protection as a weapon...more

Federal Computer Hacking Laws Apply to Executive's Unauthorized Access to Coworkers' Emails

The federal Computer Fraud and Abuse Act (CFAA) and the Stored Communications Act (SCA) were enacted to protect U.S. businesses and individuals from computer hacking and industrial espionage. In recent years, employers and...more

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