Science, Computers & Technology Privacy

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What is public can still be ‘private’: European Court of Human Rights halts journalists from re-publishing Finnish citizens’...

In a ruling by the European Court of Human Rights (“ECHR”) handed down in July 2015, the right to respect for individuals’ privacy balance trumped journalists’ right to freedom of expression....more

New Bill Would Ban GPS Location Tracking Applications And Limit Other Tracking

On Tuesday, November 10, U.S. Senator Al Franken (D-MN) reintroduced legislation that would ban GPS location tracking applications. The legislation goes much further, however. It also would require companies to get...more

Tips for Protecting Your Company Against Cyberattacks

Cybersecurity has become, as it should, an extremely important topic on company boards’ agendas. The main question on everyone’s mind is: “How can we eliminate this problem?” The answer, unfortunately, is that you can’t....more

What Can We Expect From The EU General Data Protection Regulation?

After over three years of discussions at many levels, it is now clear that the proposed EU data protection framework will be revised, and that it will be in the form of a Regulation – the General Data Protection Regulation....more

Facebook Seeks Dismissal in Illinois Facial Recognition Biometric Privacy Suit

As we have previously noted, Facebook has been named as a defendant in a number of lawsuits claiming that its facial recognition-based system of photo tagging violates the Illinois Biometric Information Privacy Act (BIPA). ...more

Following a Regulatory Trend, CFTC Inches towards Cybersecurity Testing Requirement

Commodity Futures Trading Commission (CFTC) Chairman Timothy Massad has recently stated that the CFTC may soon issue principles based standards that would require certain CFTC-regulated entities to conduct penetration,...more

FTC Loses in LabMD Data Security Case: ALJ Sets High Bar for Consumer Harm

On November 13, 2015, an administrative law judge (“ALJ”) ruled against the Federal Trade Commission (“FTC”) in its high-profile data security case against LabMD. The ALJ ruled that the FTC had failed to show that LabMD’s...more

Financial Regulatory Developments Focus - November 2015 #4

In this week's newsletter, we provide a snapshot of the principal US, European and global financial regulatory developments of interest to banks, investment firms, broker-dealers, market infrastructure providers, asset...more

How invalidation of EU-U.S. Safe Harbor framework may affect U.S. companies

It’s very unusual for a decision of a foreign court on a technical subject such as data transfer to make headlines in the United States, but an October ruling by the Court of Justice of the European Union, Europe’s highest...more

ALJ Dismisses FTC Data Security Claims Against LabMD Due to Lack of Actual or Likely Substantial Consumer Harm

On November 13, a Federal Trade Commission administrative law judge dismissed the FTC data security complaint against medical laboratory LabMD, potentially vindicating LabMD’s vigorous two-year struggle to deny the FTC’s...more

Administrative Law Judge Dismisses FTC’s Complaint Against LabMD In Data Breach Case, Citing Lack Of Consumer Harm

On November 13, 2015, the Chief Administrative Law Judge (“ALJ”) Of the Federal Trade Commission (“FTC”) dismissed an Administrative Complaint against LabMD, Inc. (“LabMD”) regarding its data security practices. In a 92-page...more

Guidance on EU-US Data Flow Delayed by New Terrorist Threats in Brussels

On November 25, 2015, the Article 29 Working Party (the advisory body on data protection and privacy composed of representatives from the national data protection authorities of all EU Member States) was to meet in Brussels...more

Highly Anticipated Ruling Curbs FTC’s Power to Bring Data-Breach Cases

Last week, after seven years of intense litigation, LabMD won its case against the Federal Trade Commission (“FTC”) resulting in an Administrative Law Judge setting a high bar for the FTC to bring data-breach lawsuits against...more

Blog: FTC Enforcement Powers Limited in LabMD Data Security Case

Federal Trade Commission ("FTC") charges against the cancer-screening laboratory LabMD, stemming from two data breaches involving sensitive personal information of thousands of consumers were dismissed in a decision made...more

Revival of Cookie Litigation Highlights Risks Associated with Mobile Tracking Technologies

On November 10, 2015, the U.S. Court of Appeals for the Third Circuit revived several privacy claims against Google pertaining to the Internet company’s practice of side-stepping “cookie blockers” on Microsoft’s Internet...more

Maine Is Latest State To Restrict Employer Access To Personal Social Media Accounts

Recently, Maine became the latest state to enact legislation restricting an employer’s access to employees’ and job applicants’ personal social media accounts. The new statute prohibits an employer from requiring, coercing or...more

Upping the Ante: Cybersecurity, the SEC and the Perils of Being Unprepared

The U.S. Securities and Exchange Commission is finally getting serious about cybersecurity – and for good reason. If the ever-growing business and headline risks aren’t enough to scare investment advisers and broker-dealers...more

Employers’ Thanksgiving Plans Should Include Cyber Monday Prep: Are Your Computer Policies Up to Date?

No online shopping day is bigger than Cyber Monday. According to the National Retail Federation, an estimated 127 million people shopped on Cyber Monday last year—significantly more than the estimated 87 million in-store,...more

It’s (Not) Academic: Cybersecurity Is a Must for Universities and Academic Medical Centers

Cutting-edge research institutions need cutting-edge cybersecurity to protect their IP and critical personal and financial data. Universities hold vast repositories of valuable information, including student healthcare...more

DAA Guidance for Cross Device Data Collection

On the same day that the Federal Trade Commission was holding a workshop on cross-device tracking, the privacy self-regulatory group Digital Advertising Alliance released guidance related to the cross-device collection and...more

NY DFS Proposes New Cybersecurity Regulations for Financial Institutions

The New York Department of Financial Services (NYDFS) has distributed a letter to various federal and state regulatory agencies and associations proposing the development of new cybersecurity regulations for financial...more

EU Commission Communication Attempts to Address Uncertainty Surrounding Transfer of Personal Data Following Schrems

On November 6, 2015, The EU Commission published a communication addressed to the European Parliament and the EU Council in an attempt to reduce current legal uncertainties surrounding the transfer of personal data from...more

ALJ Dismisses FTC Data Breach Action Against LabMD

In the first ruling rebuking the Federal Trade Commission’s cybersecurity enforcement efforts, the FTC’s head administrative law judge dismissed the FTC’s complaint against LabMD, Inc., on November 13, stating that...more

The Telephone Consumer Protection Act Overview

The TCPA has been a source of significant class action activity in recent years as businesses seek to navigate the law and plaintiffs’ lawyers seek to exploit its many ambiguities....more

FTC Administrative Law Judge To FTC: "Not So Fast On Data Security Enforcement!"

After repeatedly losing various challenges to the Federal Trade Commission's ("FTC's") authority to investigate and sanction it for alleged data security violations, LabMD Inc. ("LabMD") has finally come out on top, at least...more

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