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Courts Send Mixed Messages on Standing for Plaintiffs in Data Breach Litigation

New decisions from two federal courts may allow defendants in data breach class action litigation to breathe somewhat easier, following a run of adverse decisions last year. These decisions illustrate an emerging trend of...more

EU-US Privacy Shield: European Union and U.S. Reach Agreement in Principle for New Data Transfer Framework – But Uncertainty...

On February 2, 2016, the European Commission (EC) and the U.S. Department of Commerce (Commerce) announced that they had reached agreement on a new data transfer safe harbor arrangement for the transfer of personal data from...more

"Privacy Shield" is Proposed to Replace Invalidated U.S. - EU Safe Harbor Agreement and Keep Data from Europe Flowing

The Safe Harbor agreement between the European Union and the United States permitted American businesses to import personal data of EU citizens based on self-certification of compliance with EU data protection laws. Safe...more

Judicial Redress Act passes the House with the Senate Amendments

The amended Judicial Redress Act has passed the House and is on its way to the president to be signed into law. The Act, which we covered in an earlier blog post, gives citizens of foreign countries the same rights as US...more

Article 29 Working Party updates its Opinion on applicable law

The Article 29 Working Party (WP29) has updated its Opinion on applicable law and has introduced a new ‘inextricable link’ test representing a new element to the existing ‘in the context of the activities of an establishment’...more

Shutterfly requests reconsideration of denial of motion to dismiss in biometrics case

We previously reported that Shutterfly Inc. was unsuccessful in persuading an Illinois federal judge to dismiss the biometrics case against it. Last week, Shutterfly moved for reconsideration of the denial, basing the...more

EU-US Privacy Shield May Provide Guidance for Transatlantic Data Transfers

The decision of the Court of Justice of the European Union (CJEU) to invalidate Safe Harbor in October 2015 sent shockwaves throughout the international business community. Safe Harbor was a certification mechanism that...more

Amended version of Judicial Redress Act passes the Senate; now goes back to the House

The US Senate passed the amended version of the Judicial Redress Act on February 9. The amendments, which tie the Umbrella Agreement to Safe Harbor 2.0 (now dubbed the US-EU “Privacy Shield”), now go back to the House for...more

Tax Relief for Identity Protection Services

In 2015, following numerous customer data security breaches at major U.S. companies, the IRS announced special tax relief to breach victims who were provided identity protection services as a result of the breach. In January...more

20 Days Left to File Your Annual HIPAA Breach Report

Did your organization experience a HIPAA breach involving fewer than 500 individuals in 2015? If so, remember to submit your mandatory report to the Secretary of HHS no later than February 29, 2016, through the online breach...more

EU-US Privacy Shield: Still Awaiting Certainty

Privacy activists across Europe raised their data protection banner following the announcement by EU Commissioner for Justice, Consumers and Gender Equality Vera Jourová on Tuesday 2 February 2016 that a political agreement...more

From Safe Harbor to Privacy Shield: New EU-U.S. Agreement for Transatlantic Data Flows

The European Commission (EC) and the U.S. Department of Commerce have reached an agreement to create a framework for transfers of personal data from the European Union to the United States. The framework, named the EU-U.S....more

From Safe to Schrems to Shield - and Other Alliterations Shifting Grounds in the EU Privacy Landscape

In October 2015, the European Court of Justice abruptly invalidated Commission Decision 520/2000/EC on the adequacy of Safe Harbor (Case C-362/14, “Schrems”), mainly on grounds of (i) overly broad access by U.S. law...more

Retail Industry Leaders Association Tells FAA That Point-Of-Sale Registration For Small Unmanned Aircraft Would Pose Consumer Data...

In a letter to the Federal Aviation Administration (“FAA”) regarding the FAA’s recent Registration and Marking Requirements for Small Unmanned Aircraft Interim Rulemaking (“Interim Final Rule”), the Retail Industry Leaders...more

Will free apps soon be dead in Europe?

As we’ve discussed previously, the GDPR significantly limits user consent as a basis for processing personal data. One interesting question is whether the new rules on consent will kill free apps in Europe. Free apps...more

Data Transmission, Personalized Medicine, and Privacy

Health care analytics make use of patient data to inform treatment decisions and is increasingly moving front and center in personalized medicine. For example, the President’s Precision Medicine Initiative (see post of...more

European Commission Announces Agreement with the US on the Framework for Transatlantic Data Flows

On February 2, the members of the European Commission approved a new framework for transatlantic data flows: EU-US Privacy Shield. The European Commission and the United States agreed to a deal that reflects the requirements...more

FTC settles case against Vulcun for installing apps on users’ phones without permission

On February 5, 2016, the Federal Trade Commission (FTC) announced that it has agreed to settle its case against Vulcun alleging that it “unfairly replaced a popular web browser game with a program that installed applications...more

You Could Lose More Than Just Customers: Why You Should Lock Up to Crack Down on Cyber Risks

The most searched word around the office is “cybersecurity”. This year promises to hear myriad cases centered on this suddenly-forefront topic. The issue of security for virtual information has been around for years, but with...more

Reminder: FCC Annual CPNI Compliance Certifications Due March 1, 2016

The deadline applies to all telecommunications carriers and interconnected VoIP providers. Annual customer proprietary network information (CPNI) certifications are due March 1, 2016, for the period covering January 1...more

U.S. Regulators Disagree On Government Access To Encrypted Information

On January 25, 2016, at the State of the Net Internet Policy Conference in Washington, D.C., Assistant Attorney General Leslie Caldwell from the Department of Justice and Commissioner Terrell McSweeny from the Federal Trade...more

New Guidelines on Collecting Biometric Data Help Businesses Stay Ahead of the Game

The amount of data collected worldwide is rapidly proliferating, and one international organization wants to make sure it’s clear how to protect what is arguably the most sensitive category of that data: biometrics....more

How Employers Can Prepare for the Privacy Shield

As negotiators for the US Department of Commerce (“DOC”), Federal Trade Commission (“FTC”), and the European Commission move towards an agreement intended to allow continued US-EU data transfers, a closer look at the history...more

EU Data Protection Regulators All Set to Scrutinise ‘EU-U.S. Privacy Shield’ and Transfer Mechanisms to the U.S. Generally

On 3 February, the Article 29 Working Party (‘WP29’), a group comprising representatives of the EU Member States’ Data Protection Authorities (“DPAs”), issued a statement cautiously welcoming the agreement on an “EU-U.S....more

In Case You Missed It: Launch Links - Week of January 31, 2016

Some interesting links we found across the web this week: The State of Venture Capital - How much VC money is out there, and where is it coming from? Click through to the full presentation for a detailed...more

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