Data Collection

News & Analysis as of

First Circuit Decision Creates Ambiguity in Consumer VPPA Class Actions

The vast majority of courts confronted with “free app” cases under the Video Privacy Protection Act (“VPPA”) have dismissed those claims.  A recent First Circuit decision, however, signals a change in that trend.  ...more

Mobile apps under close watch of the Kong Kong Privacy Commissioner

The Hong Kong Privacy Commissioner has taken a keen interest in promoting and ensuring the privacy compliance and security of mobile apps. On 21 April 2016, the Office of the Privacy Commissioner for Personal Data (the PCPD)...more

Recommendations for Evaluating Your Organization’s Use of Social Media

The majority of organizations utilize social media to market their products and services, interact with consumers, and manage their brand identity. Many mobile applications and websites even permit users to sign-in with their...more

OSHA Changes to Recordkeeping Rules Will Make Injury and Illness Data Public; Restricts Post-Incident Drug Testing and Safety...

Claiming that it will “nudge” employers to focus on safety, the Occupational Safety and Health Administration (OSHA) has issued a final rule which updates the way it collects, and employers report, workplace injury and...more

ERISA Preemption: Don't Tread on my Uniform System of Plan Administration

On March 1 the U.S. Supreme Court again reinforced the broad preemptive scope of the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. §1001. In Gobeille v. Liberty Mutual Insurance Co., 136 S. Ct. 936, the court...more

OSHA To Require Public Disclosure of Workplace Injuries and Illnesses

OSHA recently announced a final rule to improve tracking of workplace injuries and illnesses. Under the new rule, employers will be required to submit injury and illness data to OSHA on an annual basis for posting on OSHA’s...more

The Future Of CFPB Small Business Lending Regulation

In this article we highlight the role played by the Consumer Financial Protection Bureau in regulating small business lending. Broadly speaking, the bureau’s jurisdiction is limited to the marketplace for consumer financial...more

Senator Alexander versus the EEOC – Goal to Reduce Case Backlog

Seyfarth Synopsis: Senate Committee on Health, Education, Labor and Pensions Chairman Lamar Alexander (R-TN) takes aim at the EEOC’s EEO-1 data collection proposal and systemic litigation efforts through proposed legislation....more

OSHA’s New Electronic Reporting and Retaliation Rules Will Make Your Company’s Workplace Injury Reports Accessible to the Public

Last week, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a final rule aimed at updating the way it collects data and preventing workplace injuries and illnesses. The final rule...more

FCC Proposes Formal Privacy Regulations for Broadband ISPs

On March 31, 2016, a 3-2 majority of the U.S. Federal Communications Commission ("FCC") approved a Notice of Proposed Rulemaking ("NPRM") to establish a set of regulations governing the data collection, use, and sharing...more

Advocate General’s opinion states that IP addresses are Personal Data

On 12 May, the Advocate General’s (AG) opinion in Case C-582/14 Patrick Breyer v Germany was released, stating that dynamic IP addresses should be considered personal data for the purposes of EU data protection law. Although...more

Big Data, Background Checks, and Discrimination

On May 4, 2016, the White House released a report entitled “Big Data: A Report on Algorithmic Systems, Opportunity, and Civil Rights” to herald its focus on discrimination in “big data” assisted personnel screening...more

CFPB's New HMDA Rule Still Leaves Privacy Concerns Unanswered

The implementation date of the CFPB's final Home Mortgage Disclosure Act (HMDA) Rule is fast approaching and the mortgage industry still has not received any answers in regards to their data privacy concerns. As widely...more

California Telecom Providers File Suit to Protect Competitively Sensitive Information

On May 5, AT&T Mobility along with several other telecommunications providers and trade associations filed a complaint in the Northern District of California against the California Public Utilities Commission (“CPUC”)...more

OSHA Issues Final Electronic Recordkeeping Rule for Injuries

On May 11, 2016 the U.S. Occupational Safety and Health Administration (OSHA) issued a final rule which requires certain employers to electronically submit information regarding workplace injuries and illnesses which then –...more

The Taskatron: It Slices and Dices, but will it Optimize Your Legal Process?

We all know what a time saver technology can be. But sometimes, the very thing that's supposed to make our lives easier ends up creating more work than the original task at hand. Often times, Project Management tools can feel...more

Consultation on the Privitisation of the Land Registry

The Land Registry has been in existence for over 150 years and holds a pivotal role in recording the ownership of, and interests in, land and property in England and Wales. Its registers cover more than 24 million titles...more

Children's Privacy Online: The Interplay Between Mobile Applications and the Children's Online Privacy Protection Act

The activities of children on the internet, whether via computers, smart phones, or tablets, have grown exponentially in recent history. As internet access for children increased, parents began losing control of the amount...more

IP Addresses as Personal Data – Website Providers To Come Under Even More Scrutiny With EU Data Privacy Law

Website providers that collect dynamic Internet Protocol addresses (“IP address”) from website visitors may soon be subject to even more scrutiny from data protection authorities in the EU. Last week, Europe’s Advocate...more

OSHA Issues Final Rules for Online Posting of Injury and Illness Data, Discouraging Retaliation

The U.S. Occupational Safety and Health Administration (OSHA) has issued final regulations that permit the agency to post employer injury and illness data online, and also prohibit employers from discouraging workers'...more

Legal Risks for Banking Challengers and FinTechs

The banking market is being shaken up by digital innovation. New entrants, whether they are designated as FinTechs or challenger banks are beginning to make their mark, and the established banks are responding rapidly with...more

OSHA To Post Employer Injury Data Online, Will Require Employers to Submit Logs Electronically

Seyfarth Synopsis: New OSHA final rule requires employer to submit data electronically, to be posted on the OSHA website. On May 12, 2016 the Occupational Safety and Health Administration published the final rules...more

OSHA’s New Electronic Accident Reporting Rule Seeks to Dramatically Impair Post-Accident Drug and Alcohol Testing

Many thousands of employers implement post-accident drug and alcohol testing policies to promote workplace safety, as part of accident investigation efforts and in the hope of reducing workplace accidents and workers’...more

OSHA Rule Requires Public Reporting of Injuries by Employers, Bans "Unreasonable" Requirements for Employees to Report

On Wednesday, the Occupational Safety and Health Administration amended its occupational injury and illness recordkeeping rules to require larger establishments with at least 250 employees at any time during the previous...more

Breaking News – OSHA Unveils Controversial Final Injury Recordkeeping Data Submission Rule

In a May 11, 2016 press release, the Labor Department announced its latest effort to “nudge” employers to operate safer workplaces by way of issuing OSHA’s controversial final rule for injury and illness recordkeeping...more

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