Data Collection

News & Analysis as of

Advertising Law - July 2014 #3

Suit Seeks To Include E-Mail Address Under Song-Beverly Protections - First zip codes, now e-mail addresses? According to a new complaint filed in California federal court against Express Fashion Apparel, LLC,...more

Trending Information: The Connection Between Data Brokers and the Fashion Industry

Consumers frequently reveal personal information about themselves through a variety of daily online and offline activities. For fashion designers and retailers, this consumer information represents a valuable tool to...more

Medicaid Claims And Health Care Fraud: As The Data Flows, New Cracks Emerge

As we noted in two of our prior posts in the Insider blog, the government has long touted its ability to rely upon data mining as a means of detecting fraud in the federal health care system, and has initiated a host of...more

Florida’s New Data Breach Notification Law And What It Means for Florida Businesses

The Florida Information Protection Act of 2014 (the “Act”) became effective July 1, 2014 and replaced Florida’s previous data breach notification law. Under the Act, all Florida businesses must take “reasonable measures to...more

SEC: The New Cyber-Cop

It seems scarcely a week goes by without a headline blaring news of a major cybersecurity breach. And with ongoing revelations about the data-tracking activities of the National Security Agency, the public isn’t growing less...more

Noteworthy Changes to the Federal Rules of Civil Procedure Regarding E-Discovery

The proposed amendments to the Federal Rules of Civil Procedure (“Rules”) we have all been waiting for have finally been approved by the Committee on Rules of Practice and Procedure (“Standing Committee”). Before these...more

ESI Discovery Best Practices, Part 3: You’ve identified ESI, now how do you go about collecting it?

My last blog generally addressed the rules applicable to best practices as to identification of Electronically Stored Information (ESI). Once the data identification process is complete, the next step is to determine...more

ESI Discovery Best Practices, Part 4 – Collection of ESI – Who should be doing it?

There is an ongoing debate about who should conduct ESI collection. This is critical, primarily because if collection is done improperly, it could lead to inadmissibility at trial, sanctions or both....more

Silver Nanotechnology Working Group Welcomes New Members

The Silver Nanotechnology Working Group (SNWG) was founded in 2009 as an industry-wide effort to advance the science and public understanding of the beneficial uses of silver nanoparticles in a wide-range of consumer and...more

OFCCP Updates Its Frequently Asked Questions Regarding the Section 503 and VEVRAA Regulations

The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) issued regulations that became effective on March 24, 2014 governing affirmative action requirements for disabled individuals and protected...more

BB&K Police Bulletin: Officers Must Obtain Warrant to Access Data on Arrestee's Mobile Phone Device

Overview: Today, the U.S. Supreme Court held that police officers may not search digital information on a mobile phone device seized from a person who has been arrested without a warrant. In Riley v. California and U.S. v....more

U.S. v. Ganias: Second Circuit Limits Government’s Ability to Use Electronic Material Seized Beyond Scope of Warrant for Different...

In a recent decision that provides important guidance in the developing law related to government seizure of electronic records in criminal investigations, on June 17, 2014, the United States Court of Appeals for the Second...more

Supreme Court Fires Shot Across The Bow Of NSA Metadata Collection

Recent revelations concerning the activities of the National Security Agency (“NSA”) include reports that the NSA and other government agencies have – in secret – routinely collected in bulk the “metadata” associated with...more

FTC Data Broker Report Recommends New Consumer Protection Legislation

Report Outlines Best Practices for Data Broker Industry - The Federal Trade Commission (FTC) released its report, Data Brokers: A Call for Transparency and Accountability, based on an in-depth study of nine data...more

Federal Court In New York Decertifies FLSA Collective Action Of 1,000 Hospital Workers Challenging Auto-Deduct Policy

Over the past several years, medical providers in particular have been beset by wage and hour claims arising out of so-called “auto-deduct” policies. A recent case, arising out of the Eastern District of New York, a...more

FTC’s Data Broker Report: Transparency And Consumer Control

Calling for greater transparency and an increase in consumer control, the Federal Trade Commission has released its report on the data broker industry....more

Social Media Class Actions Buy the Farm(Ville): Ninth Circuit Dismisses Consumer Claims Against Zynga and Facebook for Sharing...

Farmville is a game that celebrates the digital harvest: players earn Farm Coins by diligently and systematically harvesting their virtual crops. Yet a different kind of digital harvest – the harvest of user data – was at the...more

Week in Review

Move over World Cup. Discipline based on employee social media activities is taking center stage this week. Well, maybe the World Cup has a few more headlines, but you can follow the links below to read four articles from...more

Director Cordray testifies before Senate committee

Yesterday, the Senate Committee on Banking, Housing and Urban Affairs heard testimony from Director Cordray at its hearing titled “The Consumer Financial Bureau’s Semi-Annual Report to Congress.” Noteworthy aspects of...more

Louisiana Expands Collection Of Data From Licensed Consumer Lenders

On May 28, Louisiana Governor Bobby Jindal signed SB 241, which expands the information and data the Commissioner of Financial Institutions can collect from licensed non-mortgage consumer lenders. Effective August 1, 2014,...more

Developing a Meaningful Privacy Policy

In May 2014, California’s Attorney General Kamala Harris released recommendations for businesses addressing recent changes and best practices under California’s privacy laws. The guide is entitled “Making Your Privacy...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 29: The EEOC Requires Employers to File...

The EEOC is tasked not only with enforcement and adjudication of employment discrimination; it also has data-collecting requirements. In some cases, that data-collecting is easy: the EEOC can easily count the number and type...more

Data Brokers: “Off the Radar” – FTC Calls for Greater Oversight

A report recently released by the Federal Trade Commission (FTC) concludes that data brokers currently operate so far below the radar screen that most consumers are unable to exercise any real control over the collection and...more

Privacy Tuesday: June 2014

Welcome to another week, and our Privacy Tuesday look at top issues. California Attorney General Puts the Focus on the Consumer - As we have discussed, the California Online Privacy Protection Act was amended,...more

FTC Calls for Action on Big Data

Following an 18-month investigation into the practices and operations of data brokers, the Federal Trade Commission has issued a voluminous report calling for legislation to regulate the industry in the interests of consumer...more

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