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Communications & Media Privacy

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

A Spam Story - How One Law Firm's Spam Blocker Proved Costly to Them and to Their Client

by Rumberger Kirk & Caldwell on

The Mailbox Rule is a contract law principle concerning acceptance of an offer. The rule relies on the concept that once a party places a legal document in the postal system, it will arrive at its destination and be read by...more

General Data Protection Regulation (GDPR) Series, Part #3: GDPR Consent and Fair Processing

The General Data Protection Regulation (GDPR) (EU) 2016/679 of 27 April 2016 which comes into force in May 2018, will introduce major changes to the law on the processing of personal data in the European Union. Over the next...more

After Equifax: What Should the Public Do?

As we have discussed in previous posts, Equifax Inc. suffered a cybersecurity breach potentially affecting 143 million individuals in the United States. Although Equifax’s investigation is ongoing, the data at risk includes...more

The Biggest Health Care Data Breaches in 2017

Health Data Management (HDM), using information compiled by Protenus Breach Barometer, published a list this week of the biggest health care data breaches so far in 2017....more

Ninth Circuit Stuffs Policyholders on Defense of TCPA Class Actions

by Polsinelli on

In a sweeping opinion in Los Angeles Lakers v. Federal Insurance Co., the Ninth Circuit on Aug. 23, held the Lakers are not entitled to insurance coverage for a class action lawsuit alleging claims under the Telephone...more

The Equifax Breach: Protecting Yourself Against Threats to Your Finances and Identity

On September 7, U.S. credit reporting agency Equifax reported that it had been hacked and more than 140 million people might have had their information stolen. The breach could have global implications: Equifax has stated...more

The European Court of Human Rights sets out criteria for lawful monitoring of employees

by Ropes & Gray LLP on

On 5 September 2017, in the case of Barbulescu v Romania (Application no. 61496/08), the Grand Chamber of the European Court of Human Rights reversed a First Chamber decision and found that the Romanian courts, in reviewing...more

22 Million Comments Tell FCC Battle Over Net Neutrality Is Not Over

by Perkins Coie on

Last year, the contentious net neutrality debate appeared to be finally settled when the U.S. Court of Appeals for the District of Columbia Circuit affirmed the FCC’s 2015 Open Internet Order.[1] But in May, the FCC launched...more

LinkedIn Takes the Role of Protector of its Users’ Privacy

by Dorsey & Whitney LLP on

In a recent case brought in a California court, the professional networking service LinkedIn asserted its right to protect its users’ privacy expectations against a third party interloper that claims the right to collect...more

Privacy Perils: Hackers Breach Instagram User Accounts

by Bass, Berry & Sims PLC on

Engineers at Instagram have revealed that hackers managed to gain access to the contact numbers and email addresses (but not passwords) of some of Instagram's users via a bug in the app's API (Application Programming...more

Status Update on the EU e-Privacy Regulation Proposal Discussions

On January 10, 2017, the European Commission published a Proposal for a Regulation (Proposal) relating to privacy rules for the electronic communications sector. The Proposal will impose new, more rigorous privacy regulatory...more

Do You Need to Worry About a Data-Breach at ClearView Social?

by Adrian Dayton on

With the recent Equifax data-breach making headlines, we’d like to remind our users of ClearView Social’s data-storage policy and the minimal risk of a breach. When you connect your social media accounts to ClearView...more

Why Was Facebook Fined by AEPD?

Today, the Spanish data protection agency (AEPD) fined Facebook 1.2 million euros ($1.4 million USD) in connection with how the company collects personal data for advertising purposes. The AEPD said Facebook did not get...more

Cisco Releases Midyear Cybersecurity Report

We continue to try to alert our clients about the changing threat landscape in cybersecurity. We keep saying how the threats are becoming more and more sophisticated and more and more frequent, and that companies must...more

Employment News - September 2017

by Hogan Lovells on

Don’t look now – European Court decides monitoring employee's email account did breach privacy right - In Barbulescu v Romania the Grand Chamber of the European Court of Human Rights has decided that an employee's right to...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The Times’ tech guru—Farhad Manjoo—gets all indignant regarding the Equifax breach. Namely, if Equifax can’t handle its one job of safeguarding personal info, should it really be allowed to keep going at all now?...more

Protecting Your Privacy Online Is Possible

Navigating the crossroads of security and convenience is a balancing act, but it can be done. Two minutes. That’s all it takes to perform a Google search on yourself—or anyone you choose—and obtain a virtual encyclopedia...more

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

Equifax Hack: The Morning After

Within hours after Equifax disclosed yesterday that hackers had compromised the personal information of nearly 143 million Americans, the Atlanta-based credit reporting agency was hit with a class action lawsuit in U.S....more

Second Circuit Holds Contractually Provided Consent Cannot Be Revoked

by Burr & Forman on

Reyes v. Lincoln Automotive Financial Services, No. 16-2104-cv (2nd Cir. August 21, 2017) - Plaintiff leased a car from Defendant. A term of the lease stated: You [Reyes] also expressly consent and agree that Lessor...more

ECHR Ruling: Dismissal Based on Monitoring of Employee’s Communications Illegal

by Bryan Cave on

Be aware! Today’s decision of the European Court of Human Rights (“ECHR”) may force companies to rethink their policies on private internet use of their employees at work (No. 61496/08). The Straßburg court held a...more

Privacy Tip #104 – Scammers Prey on Hurricane Victims

It has been so difficult to watch the news reports of the devastation and havoc left in the wake of Hurricane Harvey, and now anticipated this weekend by Hurricane Irma, which is being reported as the most powerful storm to...more

Ninth Circuit Confirms that a Cy Pres Only Settlement Can Work In Privacy Class Action

The internet continues to expand into every aspect of our lives. With it, many companies have collected, tracked, and used an enormous amount of data. All of this has given rise to class action lawsuits challenging the...more

“Not so fast, my friend*” — Judge Orders DreamHost Comply with DOJ’s Disruptj20 Search Warrant, with Caveats

by Moore & Van Allen PLLC on

Can the government force the hosting service of an activist website company to turn over vast amounts of user data in order to track down political protesters? According to a federal court ruling, the answer — Yes, but...more

Circuit Court Finds Putative Class Affidavits, Combined With Other Records, May Satisfy Ascertainability Requirement

by Carlton Fields on

Defendants BMW and Creditsmarts were parties to a marketing agreement through which BMW offered its direct automotive “up2drive” loans to borrowers at participating independent car dealers through Creditsmarts’ internet-based...more

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