Data Collection

News & Analysis as of

Community service ordered for direct marketing offences in Hong Kong

Last month, an insurance agent was charged and convicted of two offences under the Personal Data (Privacy) Ordinance (Ordinance), receiving a Community Service Order of 80 hours. This marks the fifth reported occasion on...more

Information Network Patent Survives Motion to Dismiss Based on Alice

Treehouse Avatar LLC sued Valve Corporation in the District Court of Delaware, alleging infringement of U.S. Patent No. 8,180,858 (“the ‘858 patent”), titled “Method and System for Presenting Data Over a Network Based on...more

Requirements for valid consent – Why opting-in should not be optional

The Düsseldorfer Kreis, a committee made up of representatives of German data protection authorities, recently published guidance on the requirements for obtaining valid consent to the collection, processing and use of...more

First Circuit Opens New World of Potential Liability for Video Producers

You may be too young for this to have been a big thing to you, but almost 30 years ago, D.C. Circuit Judge Robert Bork was nominated to the Supreme Court, and Washington, D.C. went into a tizzy. Coming as it did just a year...more

Privacy Shield Rejected, GDPR Approved - What This Means to Automotive Organizations

The European Union Article 29 Working Party (Article 29) issued an opinion on the proposed EU-U.S. Privacy Shield framework agreement (Privacy Shield) last month, stating that although the Privacy Shield was a “great step...more

FTC Guidance: Update Privacy Disclosures to Keep Pace with Advances in Online Tracking

The Federal Trade Commission recognizes that many people benefit from companies’ online tracking by getting advertising that is more targeted to their preferences. However, as the technologies and techniques used by companies...more

Maritime greenhouse gas emissions – update on the outcome of MEPC 69

In our March alert on this subject, we looked ahead to the 69th meeting in London of the Marine Environmental Protection Committee (MEPC) of the International Maritime Organisation (IMO) (MEPC 69). MEPC 69 has now taken...more

Privacy policy required for contact forms on websites? German Courts in disagreement

Over the last years, a number of German Courts had to decide whether the operator of a website that contains a contact form for the website’s visitors shall be obliged to provide visitors a privacy policy that informs the...more

How to Design a Document Retention Policy

Data minimization can be a powerful – and seemingly simple – data security measure. The term refers to retaining the least amount of personal information necessary in order for an organization to function. Less information...more

Section 1557 of the ACA: The Legal Side of Health Equity

This week marks the end of National Minority Health Month and its 2016 theme of “Accelerating Health Equity for the Nation.” This month, the HHS Office of Minority Health’s goal was to “raise awareness of the health...more

Seeking Space Entrepreneurs: NOAA Launches Commercial Space Program

The National Oceanic and Atmospheric Administration (“NOAA”) has launched a new policy to leverage the private sector to diversify NOAA’s portfolio of space-based data collection resources. Our firm assists clients...more

Wearables at work: Data privacy and employment law implications

Wearable devices' - such as fitness trackers, wristbands, access cards - are an increasingly popular technology. Market researchers have estimated that some 21 million wearable devices were sold in 2014 (The Economist,14...more

Everything but the Kitchen Sink: New Data Types and E-Discovery

Almost any activity we take part in creates data; it no longer resides just on email servers or your laptop or mobile phones. Data resides in the cloud, in apps, on social media, in your watch or fitness tracker. For...more

Biometric fingerprinting technology to expand

Using our fingerprints to unlock our smartphones is pretty commonplace at this point. Sweden’s Fingerprint Cards (FPC), a business specializing in biometrics, says that fingerprint identification will become the fastest...more

Brussels Regulatory Brief: April

Antitrust and competition - A welcome limitation on the investigatory powers of the Commission when requesting information from companies - On 10 March 2016, the Court of Justice of the European Union (“CJEU”) set aside...more

Shutterfly settles Illinois biometrics case

We previously reported that Shutterfly’s effort to dismiss the proposed biometrics class action case against it was unsuccessful. The proposed class action suit alleged that Shutterfly violated the Illinois Biometric...more

Big Data in a Best Practices Compliance Program, Part III-Visualization

Today I continue my exploration of big data in a best practices Foreign Corrupt Practices Act (FCPA) compliance program. Yesterday, I considered how you might use big data in a best practices compliance program. Today I want...more

Big Data in a Best Practices Compliance Program, Part II

Today I continue my exploration of big data in a best practices Foreign Corrupt Practices Act (FCPA) compliance program. Yesterday, I considered what big data is and some ways to think about it. Today I want to move into some...more

“But I Only Wore It Once!”: The Rising Cost of Return Fraud

Your customers may be thinking, "What’s the harm in wearing something once and returning it?" But return fraud can have a big impact on a retailer's bottom line. The National Retail Federation estimates that return fraud will...more

Privacy Shield Pierced? Article 29 Working Party Expresses Concern with Agreement

The Article 29 Working Party (The Working Party), which includes representative data protection authorities from each EU member country and the European Data Protection Supervisor, issued a 58-page opinion yesterday that...more

CFPB hires Assistant Director for Office of Small Business Lending Markets; announces other senior leadership additions

Earlier this week, the CFPB announced the addition of several new members to its senior leadership team. The announcement included the news that the CFPB has filled the position of Assistant Director for the Office of...more

Authenticating Purchases with Facial Recognition

Facial recognition technology has rapidly advanced in sophistication and accuracy over the years. Early use of the technology was focused on facial detection in security systems. Since 2014, the federal government has...more

SCOTUS ERISA Cases, Part Two: Preemption of State Healthcare Claims Database

This is the second article of a three part series summarizing employee benefit issues that are being argued in front of the U.S. Supreme Court during the current October 2015 term. Part One provided an outline of Montanile v....more

Why less means more for PPPs & data – Keys to collecting the right information in Canada

PPP projects have the potential to generate huge amounts of data. In the context of a tolled highway project, for instance, a PPP contract may require the private operator to collect, in real time, information regarding...more

Sensor system technology to track a driver’s every move

A new, proprietary sensor system technology has arrived on the market that can track drivers using cameras and sensors, including whether the driver is speeding or turning without signaling, or even data such as the driver’s...more

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