Mintz Levin - Privacy & Security Matters

Facebook v. Vachani – User Authorization Can Be Revoked By Service Providers

The U.S. Court of Appeals for the Ninth Circuit recently issued a decision that could have far reaching implications for the relationships between companies that provide online services, their customers or users, and third…more
| Business Torts, Commercial Law & Contracts, Communications & Media Law, Privacy, Securities Law

Fizzled Suit Against Target Officers and Directors Raises Question as to the Value of Derivative Claims in Data Breach Cases

In a terse two-page order, Senior District Court Judge Paul Magnuson dismissed derivative claims brought against officers and directors of Target in connection with the 2013 holiday-season data breach. The dismissed claims,…more
| Privacy, Science, Computers, & Technology

Privacy Shield is Finally Official

The EU Commission has formally adopted Privacy Shield and the US Department of Commerce will go live with a new Privacy Shield registration website on August 1. US companies that had been registered under Safe Harbor will need…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Privacy Shield Passes Art. 31 Hurdle; European Parliament LIBE Committee Advisory Vote July 11, 2016

The final version of Privacy Shield (which has not yet been officially published) passed the Article 31 Committee vote on July 8th and is being presented on July 11th to the LIBE committee of the European Parliament. LIBE’s…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

EU Adopts Cybersecurity Directive: What US Companies Need to Know

Not all the news coming out of Europe these days is about Brexit. In fact, the forces of unity and harmonization remain a top priority for European regulators hoping to combat digital security threats and create a safer and more…more
| Communications & Media Law, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Privacy Shield: Rumors of Progress

According to several news reports, the Commission has sent a revised draft of the Privacy Shield adequacy decision to the Article 31 Committee. One tech industry news source, Ars Technica, has made available a purportedly…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Colorado Student Data Privacy Bill – What EdTech software providers need to know

Colorado is the latest state to revisit, and expand upon, its laws pertaining to the use and protection of student data. Colorado Governor John Hickenlooper recently signed into law House Bill 16-1423 (the “Bill”) designed to…more
| Education, Privacy, Science, Computers, & Technology

What does the Brexit vote mean for UK data protection?

US companies and policy makers will no doubt spend a good chunk of the day today considering the possible implications for them of yesterday’s UK vote for Brexit. Mark Carney, Governor of the Bank of England, has issued a…more
| Commercial Law & Contracts, Elections & Politics, Consumer Protection, Privacy, International Law & Trade

OCR Warns of HIPAA Risks in Third-Party Apps

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently issued a warning regarding vulnerabilities in third-party applications used by entities covered by HIPAA. The OCR warning applies…more
| Consumer Protection, Health, Privacy, Science, Computers, & Technology

“Interim” No More: DHS and DOJ Publish Final CISA Guidance on Cybersecurity Sharing

The Department of Homeland Security (DHS) and the Department of Justice (DOJ) have issued the long-awaited final procedures for both Federal and Non-Federal Entities under the Cybersecurity Information Sharing Act (CISA) (“Final…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology

Practice Fusion and FTC Settle Complaint Over Deceptive Statements About the Privacy of Consumer-Generated Online Content

Last week, the Federal Trade Commission (FTC) announced (press release) that Practice Fusion, the largest cloud-based electronic health company in the United States, has agreed to settle FTC charges over deceptive practices…more
| Antitrust & Trade Regulation, Consumer Protection, Health, Privacy, Science, Computers, & Technology

EU Privacy Shield Status Update

While it’s making few headlines, the European Commission is still working to finalize Privacy Shield, and it’s even possible that Privacy Shield will pass a key hurdle by the end of this month. The Commission is still…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Illinois Joins the Fray: Strengthens its Laws Around Data Breach Notification and Data Security

Sophisticated phishing scams and muscular hacking efforts continue to compromise personal and sensitive information held by insurers, hospital systems, and businesses large and small. In response, many states have strengthened…more
| Consumer Protection, Health, Privacy, Science, Computers, & Technology

Delta Wins CalOPPA Case – But Your Mobile App May Not Fly

In a decision favorable to the airline industry—but not helpful to other companies—the California Court of Appeal said that a privacy enforcement action against Delta is not going to fly. On May 25, 2016, the Court of Appeal…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy, Transportation

Supreme Court Decision in Spokeo Breathes Life Into Standing Defenses

Court holds that plaintiff must allege a concrete injury to have standing to sue for a statutory violation; remands for further proceedings - In its just-issued decision in Spokeo, Inc. v. Robins, No. 13-1339, slip op. (May…more
| Civil Procedure, Constitutional Law, Consumer Protection, Finance & Banking
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