Proskauer - Privacy & Data Security

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Capital One to Pay Largest TCPA Settlement on Record

Capital One Financial Corp. (“Capital One”) and three collection agencies have agreed to pay one of the largest settlement amounts in history — $75.5 million — to end a consolidated class action lawsuit alleging that the…more
| Civil Remedies, Communications & Media Law, Finance & Banking, Privacy, Consumer Protection

Microsoft Ordered to Hand Over Data to the U.S. Government

In April, Microsoft tried to quash a search warrant from law enforcement agents in the United States (U.S.) that asked the technology company to produce the contents of one of its customer’s emails stored on a server located in…more
| Criminal Law, International Law & Trade, Science, Computers, & Technology

PCI Council Issues Biz Tips to Reduce 3rd Party Security Risk

On August 7, 2014 the PCI Security Standards Council issued new guidance to supplement PCI DSS Requirement 3.0 and help organizations reduce the risks associated with entrusting third-party service providers (“TPSPs”) with…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology

Massachusetts Enforces Data Security Regulations Against Out-of-State Entity

On July 23, 2014, the Massachusetts Attorney General announced a consent judgment with an out-of-state Rhode Island hospital, Women & Infants Hospital of Rhode Island (“WIH” or the “Hospital”), resolving a lawsuit against WIH…more
| Consumer Protection, Privacy, Health, Science, Computers, & Technology

e-IDs: the Future of Secure Digital Identification?

Over the past decade, the EU has made significant technological and legal strides toward the widespread adoption of electronic identification cards. An electronic ID card, or e-ID, serves as a form of secure identification for…more
| Commercial Law & Contracts, Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

One year of Data Protection Enforcement in France: what the CNIL’s Activity Report 2013 Reveals and what to expect in 2014

According to the French Data Protection Authority’s (“CNIL”) recently issued activity report for 2013, the CNIL was especially busy in 2013. The main topics addressed by the CNIL in 2013 were the creation of a national consumer…more
| Criminal Law, Privacy, Consumer Protection, International Law & Trade, Science, Computers, & Technology

France Facilitates Implementation of Whistleblowing Systems

In France, before implementing a whistleblowing process, a company must inform and consult with its employees’ representatives, inform its employees and notify the French Data Protection Agency (CNIL). There are two…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Privacy, Securities Law

Landmark Supreme Court Ruling Protects Cell Phones from Warrantless Searches

On June 25, 2014, the Supreme Court unanimously ruled that police must first obtain a warrant before searching the cell phones of arrested individuals, except in “exigent circumstances.” Chief Justice John Roberts authored the…more
| Constitutional Law, Criminal Law, Privacy, Science, Computers, & Technology

Singapore Issues New Regulations In Advance of Data Protection Law Entering Into Force

On July 2, 2014 Singapore’s new Personal Data Protection Act (the “PDPA” or the “Act”)) will go into force, requiring companies that have a physical presence in Singapore to comply with many new data protection obligations under…more
| Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

No Class: Hulu Users Lose Certification Motion

After a decision denying class certification last week, claims by Hulu users that their personal information was improperly disclosed to Facebook are limited to the individual named plaintiffs (at least for now, as the decision…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Privacy, Science, Computers, & Technology

Court Holds That Prior Notice is Required to Record Cell Phone Conversations

Last month, a federal district court in the Northern District of California issued an order that may affect the policies of any company that records telephone conversations with consumers. The trouble began when plaintiff…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy

The French Data Protection Authority Fines Google for Breach of French Privacy Laws

After two years of investigation and proceedings regarding Google’s privacy policy, European Data Protection Authorities (DPAs) are now reaching their final decisions against Google. The French DPA (“CNIL”) issued, on January…more
| Civil Procedure, Communications & Media Law, Privacy, International Law & Trade, Science, Computers, & Technology

BBB Warns Advertisers and Web Publishers to Take Responsibility for Behavioral Advertising Disclosures

The Better Business Bureau (“BBB”) and the Direct Marketing Association (“DMA”) are in charge of enforcing the ad industry’s Self Regulatory Principles for Online Behavioral Advertising (“OBA Principles”), which regulate the…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Where do we stand on the territorial scope of EU data protection law following the recent European Parliament vote?

The determination of the territorial scope of the current EU Directive n° 95/46 is still under dispute both before national Courts and the European Court of Justice (ECJ). This issue may soon become moot with the adoption of…more
| Civil Procedure, Elections & Politics, Privacy, International Law & Trade, Science, Computers, & Technology

Article 29 Working Party Provides Guidance on Obtaining Valid Cookie Consent in the EU

This past month, the European Union’s Article 29 Data Protection Working Party (the “Working Party”) issued the Working Document 02/2013 providing new guidance on obtaining consent for cookies (“Working Document”). The Working…more
| Commercial Law & Contracts, Communications & Media Law, Privacy, International Law & Trade, Science, Computers, & Technology
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