Mintz Levin - Privacy & Security Matters

Commission Press Release and FTC Fact Sheet outlines the new EU-US “Privacy Shield”

The European Commission has issued a press release that gives an outline of some key changes to the EU-US safe harbor, now dubbed the “Privacy Shield.” The new accord still needs to be reviewed by the Article 29 Working Party…more
| Civil Procedure, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Political Agreement Reached on US-EU Safe Harbor; Details “Hazy”

According to press reports, European Union and U.S. negotiators in Brussels finalized what is being called a “political agreement” on a new Safe Harbor transatlantic data transfer agreement. European Union justice commissioner…more
| Civil Procedure, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

EU update: Safe Harbor 2.0 deadline passes without agreement; Art. 29 WP views on BCRs and model clauses expected February 3, 2016

No news is not good news this time. The January 31 deadline for getting a new Safe Harbor Agreement in place came and went last weekend. Commissioner Jourova, who is leading the Safe Harbor 2.0 negotiations for the EU,…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Tying it all together: Safe Harbor and Security-Related Data Flows

One of the fascinating aspects of the privacy-related negotiations between the EU and the US over the past couple of years has been the EU’s efforts to decouple trade (e.g, TTIP) and security-related negotiations from the Safe…more
| Consumer Protection, Elections & Politics, International Law & Trade, Privacy, Science, Computers, & Technology

(So) What if there’s no Safe Harbor 2.0?

There’s no doubt businesses in the EU and US would breathe a sigh of relief if a new Safe Harbor agreement is put in place between before European data protection authorities start prosecuting companies for potentially illegal…more
| Commercial Law & Contracts, Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

Ringing Off The Hook: TCPA Issues Still At Forefront As Calendar Turns To 2016

We may only be three weeks into 2016, but the Telephone Consumer Protection Act (“TCPA”) has already received a considerable amount of attention this year…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy

The Exception that Proves the Rule? European Court of Human Rights Okays Employer’s Access to Personal Communications of Employee In (Highly) Limited Circumstances

The European Court of Human Rights recently ruled in Barbulescu v. Romania (Application no. 61496/08) that a Romanian employer did not violate its employee’s fundamental right of privacy when the employer accessed personal…more
| Constitutional Law, International Law & Trade, Labor & Employment Law, Privacy

Cybersecurity Tops SEC Office of Compliance Inspections 2016 Examination Priorities

The 2016 lists are starting to be released by regulatory agencies in the United States, giving a heads’ up to covered entities as to what compliance issues will take front and center this year. Once again, the Office of…more
| Business Organizations, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

The Problem With Data Security is not the Hardware or the Software, It’s the Wetware

Remember this? - “Wetware” – coder slang for biological life forms (i.e., people) – is the weak link in most companies’ data security protections, according to a new data security report issued by the Association of…more
| Business Organizations, Labor & Employment Law, Privacy, Science, Computers, & Technology

Massachusetts Court: Patients Have Standing to Sue for Data Breach Based on Data Exposure Alone

A Massachusetts Superior Court judge held that a plaintiff has standing to sue for money damages based on the mere exposure of plaintiff’s private information in an alleged data breach. The court concluded that the plaintiff had…more
| Civil Procedure, Constitutional Law, Personal Injury, Privacy, Health

Happy New Year – Cybersecurity Information Sharing Act

Just at the end of 2015, the Cybersecurity Information Sharing Act (CISA) was enacted into law as part of the omnibus spending measure passed by Congress and signed by President Obama at right before Christmas. The legislation…more
| Commercial Law & Contracts, Elections & Politics, Privacy, Science, Computers, & Technology

Key EU Parliamentary Committee Votes to Adopt the General Data Protection Regulation

As expected, on December 17, 2015, the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (also known as LIBE) voted to adopt the new General Data Protection Regulation. A LIBE press release announced the…more
| Consumer Protection, Elections & Politics, International Law & Trade, Privacy, Science, Computers, & Technology

The General Data Protection Regulation in Bullet Points

The new General Data Protection Regulation is effectively a “done deal” following the final trilogue meeting on December 15. One might assume based on UK media coverage that the biggest change in EU privacy law is that kids…more
| Commercial Law & Contracts, Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

At long last . . . the EU General Data Protection Regulation negotiations have wrapped up

The EU has announced that the Commission, Parliament and Council have reached agreement on the final shape of the General Data Protection Regulation. The official version will be available early in 2016, but we will be…more
| Civil Procedure, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Wyndham and FTC Settle Case Over “Unfair” Data Security Practices

The years-long saga of the Federal Trade Commission’s suit against Wyndham Hotels over data breaches that occurred at least as early as April 2008 is finally coming to an end with a proposed settlement filed today with the…more
| Civil Procedure, Consumer Protection, Privacy, Science, Computers, & Technology
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