Proskauer - Privacy & Data Security

A Primer on Russia’s New Data Localization Law

Privacy and data security professionals worldwide should circle September 1 on their calendars, as it’s the day Russia’s new data localization law goes into effect – and possibly generates major waves far beyond Russian shores. …more
| Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Google Declares “Non!” to French Privacy Regulator’s Demands that Google Apply the “Right to be Forgotten” Worldwide

In an expected but controversial move, Google has rejected a demand by the French Data Privacy authority CNIL to apply the European “Right to be Forgotten” worldwide. We have covered the E.U.’s Right to be Forgotten before,…more
| Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Sixth Circuit Rules that “Pocket Dials” May Not Be Entitled to an Expectation of Privacy

In a move that may strike fear into the hearts of mobile phone owners everywhere, the Sixth Circuit recently ruled that a person’s “pocket dials” – those inadvertent calls made from a person’s mobile phone, generally when the…more
| Communications & Media Law, Privacy, Science, Computers, & Technology

4th Time is Not a Charm: Android Users Plead Themselves Out of Court

Finding that the Plaintiffs lacked Article III standing to pursue their case, Google, Inc. (“Google”) won dismissal of the Android users’ putative class action lawsuit after more than three years of litigation. In re Google…more
| Civil Procedure, Privacy, Science, Computers, & Technology

Connecticut Updates its Data Security Laws, Imposing Stringent New Requirements

On June 30, 2015, the Governor of Connecticut signed into law S.B. 949, “An Act Improving Data Security and Agency Effectiveness." The new law updates Connecticut’s data security laws, including by adding a 90-day hard deadline…more
| Elections & Politics, Privacy, Insurance, Science, Computers, & Technology, Government Contracting

Supreme Court Invalidates Los Angeles Law Authorizing Warrantless Searches of Hotel Records

In City of Los Angeles v. Patel, the Supreme Court invalidated a Los Angeles law that allowed law enforcement officials to inspect hotel and motel guest registries at any time, without a warrant or administrative subpoena. The…more
| Constitutional Law, Privacy

In the E.U., Where to Bring Suit When the Subject is Data and the Defendant is a U.S. Company? Hint: It’s About More Than Just Location

When are U.S. social media companies subject to European data privacy laws? As we reported in 2013, the answer is often contingent on geographic location – where the relevant data is processed. In 2013, for example, a German…more
| Civil Procedure, Communications & Media Law, Privacy, International Law & Trade

Connecticut Joins States That Protect Personal Online Accounts of Employees

Connecticut has joined a list of twenty-one states with a statute designed to preserve the privacy of personal online accounts of employees and limit the use of information related to such accounts in employment decision-making…more
| Labor & Employment Law, Privacy

EU Data Privacy Updates

A brief rundown of developments in recent weeks in the area of EU data protection law: - EU Data Protection Regulation - On Monday, June 15, the EU Council (comprised, for purposes of data protection reform, of the…more
| Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Digital Advertising Alliance Will Begin Enforcing Its Mobile Privacy Guidance in September

On Thursday, the Digital Advertising Alliance (“DAA”) announced that it will enforce its previously issued “Application of Self-Regulatory Principles to the Mobile Environment” (the “Mobile Guidance”) beginning September 1,…more
| Communications & Media Law, Privacy, Science, Computers, & Technology

Cybersecurity Guidance for Registered Investment Advisers

On April 28, the Securities and Exchange Commission (SEC) released a Guidance Update addressing the importance of cybersecurity and the steps registered investment advisers (and registered investment companies) may wish to…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

Washington State Amends Breach Notification Law to Expand Notification Requirements

On April 23, 2015, Washington State Governor Jay Inslee signed into law a bill strengthening the state’s data breach notification law (amending Wash. Rev. Code §§ 19.255.010 and 42.56.590 and creating a new section). H.B. 1078…more
| Conflict of Laws, Elections & Politics, Privacy, Health, Science, Computers, & Technology

AT&T Pays $25 Million in FCC Settlement

In the largest ever data security enforcement action taken by the Federal Communications Commission (FCC), AT&T agreed to pay $25 million to resolve an investigation into consumer privacy violations at its call centers in…more
| Administrative Law, Commercial Law & Contracts, Communications & Media Law, Consumer Protection

Department of Education Issues New Guidance Documents Relating to Student Privacy

The past few years have seen exponential growth in the use of technology in the classroom, with applications ranging from the increased availability and use of e-books to the displacement of physical classrooms through Massive…more
| Communications & Media Law, Education, Privacy, Consumer Protection, Science, Computers, & Technology

Australia’s New Mandatory Data Retention Law

Last week, Australia became the latest country to pass a mandatory data retention law. The Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2015, which amends Australia’s Telecommunications…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology
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