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Privacy Conflict of Laws

Read Privacy Law updates, news, and legal commentary from leading lawyers and law firms:

hiQ Labs, Inc. v. LinkedIn Corp.: A Federal Court Weighs in on Web Scraping, Free Speech Rights, and the Computer Fraud and Abuse...

by Ropes & Gray LLP on

In recent years, a number of firms in a variety of industries have utilized automated research methods, including web scraping tools and certain forms of artificial intelligence such as bots, to gather information from a...more

Florida Enacts Law to Keep Local Governments from Regulating Drones

On July 1, 2017, a new law in the State of Florida became effective in order to keep “local governments from regulating drone and model aircraft operations” in the State, while in turn, “protecting those who fly safely and...more

Corporate News – June 2017

by Hogan Lovells on

The Pre-Emption Group reports on the use of its Statement of Principles - The Pre-Emption Group, which represents listed companies, investors and intermediaries, has published a monitoring report looking at the use of its...more

WPI State of the States — Legislative Proposals Are Taking Root

by Littler on

As April showers turn into May flowers, measures proposed earlier this year in the state legislatures begin to take root. Significantly fewer generally applicable labor and employment bills were introduced in April, around 60...more

The Drone Privacy and Transparency Act of 2017: Overdue or Over-reaching?

On March 15, 2017, Senator Edward Markey (D-Mass.) and Representative Peter Welch (D-Vt.) introduced federal legislation entitled the Drone Privacy and Transparency Act of 2017. The proposed legislation seeks to address...more

Florida Supreme Court Rejects PSQIA Preemption of Florida Constitution

On January 31, 2017, the Florida Supreme Court held that adverse medical incident reports produced in accordance with Florida law cannot constitute confidential and privileged patient safety work product (PSWP) under the...more

New York State Department of Financial Services Cybersecurity Regulation Poised to Reshape Existing Regulatory Landscape

In late December, New York State’s Department of Financial Services (“DFS”) released its revised proposed cybersecurity regulation (the “DFS Rule”). While the revisions pare back some of the DFS Rule’s original requirements...more

Investigatory Powers Act 2016 cast into doubt by new EU ruling

by White & Case LLP on

The Court of Justice of the European Union (the "CJEU") has ruled that EU Member States cannot pass laws that require communications service providers to carry out general and indiscriminate retention of communications data...more

The CJEU Gives the UK Government Another Brexit Dilemma

by Hogan Lovells on

In yet another key case dealing with the balance between citizens’ privacy and the ability of the state to intrude into it, the Court of Justice of the European Union (CJEU) has ruled on the compatibility with European Union...more

Thoughts on Drones: The View from the Bench

by SmithAmundsen LLC on

Having just returned from the American Bar Association Aviation and Aerospace Committee Conference, I would like to share some thoughts on drones conveyed from the view of the bench and the regulators....more

Hotly Anticipated Broadband Privacy Order Released by FCC

by Davis Wright Tremaine LLP on

On Nov. 2, 2016, the FCC released its long-awaited broadband privacy Order and rules by a 3-2 vote. The Order comes nearly 18 months after the Commission moved to reclassify broadband internet access service (“BIAS”) as a...more

Federal Circuit Affirms District Court Decision Holding Asserted Software Claims Invalid as Directed to Patent Ineligible Subject...

Plaintiff FairWarning sued defendant Iatric Systems for infringement of U.S. Patent No. 8,578,500 (the “’500 patent”), titled “System and Method of Fraud and Misuse Detection”. The ’500 patent discloses ways to detect fraud...more

Restrictions on Fees Permitted Under HIPAA for Copies of Medical Records

by Dickinson Wright on

When health care providers provide copies of medical records to an individual patient or to third parties at the direction of that individual patient, they are permitted under HIPAA to recover “a reasonable, cost-based fee.”...more

Drone Rules Raise Preemption Questions

The Federal Aviation Administration's recently announced rules for commercial operation of small Unmanned Aircraft Systems (UAS or drones), set to take effect later this month, provide long-awaited guidance to drone operators...more

Regulators Nationwide Weigh in on CPUC Litigation

by Nossaman LLP on

In May, we posted a blog on litigation filed by telecom providers and trade associations to prevent the California Public Utilities Commission (CPUC) from requiring Plaintiffs to turn over competitively sensitive data to a...more

New Federal Drone Regulations Leave Unanswered Questions

by Carlton Fields on

The Federal Aviation Administration Extension, Safety, and Security Act of 2016 (“FAA Reauthorization”) was signed into law July 15. The FAA Reauthorization contained at least five sections directed specifically at unmanned...more

Gear Up for Driverless Cars: Full Speed Ahead or Just Kicking the Preemption Can Down the Road?

by Best Best & Krieger LLP on

Transportation and technology continue to maintain a strong “buzz.” As more and more states join the driverless vehicle regulatory fray, including Michigan, New York and Tennessee, all eyes are on the National Highway Safety...more

California Court of Appeal Finds AG’s Privacy Suit Over Fly Delta Mobile App Is Preempted

In a recent ruling, California’s Court of Appeal unanimously affirmed the dismissal of California’s complaint against Delta Air Lines, Inc. (“Delta”), which alleged that the company’s Fly Delta mobile application violated...more

OCR Clarifies Parameters of Covered Entities' Fees for PHI Copies

by Baker Ober Health Law on

The Office for Civil Rights (OCR) recently released new guidance and FAQs (OCR Guidance) addressing individuals’ rights to access their protected health information (PHI) under the Health Insurance Portability and...more

Federal Defend Trade Secrets Act Takes Effect

by Best Best & Krieger LLP on

Employers Should Immediately Revise Confidentiality Agreements to Comply - The Defend Trade Secrets Act, signed into law by President Obama last week and effective immediately, provides a new federal remedy for trade...more

California Telecom Providers File Suit to Protect Competitively Sensitive Information

by Nossaman LLP on

On May 5, AT&T Mobility along with several other telecommunications providers and trade associations filed a complaint in the Northern District of California against the California Public Utilities Commission (“CPUC”)...more

Drone on Drones: Swarm of Local Regulations Approaches

by Best Best & Krieger LLP on

The City of Lompoc is considering a drone ordinance following a citizen complaining about a camera-equipped drone invading his privacy . He indicated that, despite three calls to the police department, he was told nothing...more

Employee Benefit Plans and Data Security Issues

by Jackson Lewis P.C. on

In recent weeks, much of the discussion around a recent Supreme Court case, Gobeille, has focused on ERISA preemption. But for fiduciaries of benefit plans the case can serve as a reminder of important duties that often go...more

FAA Releases Guidelines For Local Regulation Of Drones

by Tucker Arensberg, P.C. on

In the past few years unmanned aircraft systems, commonly known as drones, have grown in popularity and availability. With the proliferation of drones comes some difficult privacy and public safety questions for school...more

Privacy Regulation Regime Change: Bad or Good for ISPs?

by Bryan Cave on

The Federal Communications Commission (“FCC”) is on the verge of proposing new federal privacy regulations for internet broadband service providers (“ISPs”). ISPs were previously policed by the Federal Trade Commission...more

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