Data Collection Data Protection

News & Analysis as of

The Land of the Rising Sun—and Rising Data Protection Requirements

Between January 2016 and September 2017, a series of amendments to Japan’s Act on the Protection of Personal Information (APPI) will go into effect. The amendments, which were promulgated in September 2015, are the first...more

NAIC Cybersecurity Task Force Adopts Cybersecurity Bill of Rights

On October 14, 2015, the National Association of Insurance Commissioners’ (NAIC) Cybersecurity Task Force adopted the Cybersecurity Bill of Rights, a document meant to inform consumers of the services they can expect from...more

San Francisco Launches First “Internet of Things” Wireless Network in United States

With the onslaught of smart watches, smart thermostats, and even smart refrigerators that allow you to Tweet hungry messages to your followers, it’s only natural that a “smart city” would follow. This week, San...more

Three Trending Topics in IoT: Privacy, Security, and Fog Computing

Cisco has estimated that there will be 50 billion Internet of Things (IoT) devices connected to the Internet by the year 2020. IoT has been a buzzword over the past couple of years. However, the buzz surrounding IoT in the...more

Illinois finds itself at forefront of facial-recognition litigation

Illinois is leading the way in regulating facial-recognition technology — it is one of only two states (the other Texas) that has passed laws covering the collection and use of biometric information. Illinois also is...more

Could a Vendor’s Lax Info Security Ruin Your Holiday Sales? Seven Preventative Steps for Retailers

Many of the largest retailer data security breaches have been caused or enabled by the acts or omissions of retailers’ vendors, such as the widely publicized incident at Target Corporation. Several such breaches occurred...more

Tagging Trouble: Forays into the Regulation of Biometric Data

We leave breadcrumbs of biometric information scattered around our daily lives, which may be collected and used by private entities, often without our knowledge or consent. The sound of your voice when you call your bank’s...more

FTC Sees Disconnect on Proposed Connected Cars Legislation

The Energy & Commerce Committee of the U.S. House of Representatives held a hearing on October 21st titled “Examining Ways to Improve Vehicle and Roadway Safety” to consider (among other matters) Vehicle Data Privacy...more

PRIVACY POLICIES AND THE SALE OF CORPORATE ASSETS: It pays to plan ahead to preserve the value of your data assets

Personal data is a valuable corporate asset. At times, the personal information collected from customers (such as email address, mailing address, phone number, etc.) can be a company’s most valuable asset. Unfortunately,...more

Advertising Law - October 2015 #2

"Flying Rabbi" Suit Crash Lands in NY Appellate Court - A New York man was unsuccessful in his lawsuit accusing Jimmy Kimmel of misappropriating his image during a skit on the late night TV show, Jimmy Kimmel...more

Data privacy in the Americas - At a glance

As multinational employers are aware, data privacy laws can vary greatly from jurisdiction to jurisdiction. Ensuring compliance with the different requirements can be challenging, and the penalties for noncompliance can be...more

Biometrics: Facebook Files Motion to Dismiss Privacy Suit over Facial Recognition Technology

As discussed in a previous post on facial recognition technology, a putative class action has been filed against Facebook over the collection of “faceprints” for its online photo tagging function, Tag Suggestions. (See e.g.,...more

Does Your Website Privacy Policy Need Some Love?

Everyone does it, especially startups. You need a privacy policy for your website, and your legal budget is limited. Hop onto Facebook (or Google, or Amazon) — cut, paste and voilà! — your startup has a shiny new privacy...more

“My, what beautiful eyes you have . . .” – Biometric Data and Privacy

Biometric data – obviously not in just the movies anymore. It is alive, well, and increasingly being used in our everyday society. But, on September 23, 2015, when the Office of Personnel Management revealed that fingerprint...more

States Continue To Grapple With Data Breach Notification Issues

Connecticut’s data breach notification law currently requires notification “without unreasonable delay.” Effective October 1, 2015, Connecticut will (a) require notice of any breach of security not only “without unreasonable...more

EU U.S. Data Protection: The Safe Harbor Framework Under Attack

As a reaction to recent disclosures and revelations about the data collection and surveillance by the US government, the Safe Harbor permitting the transfer of personal information from the EU to the US is under attack, and...more

FTC Gives Words of Warning to the Wise

The Federal Trade Commission has issued new guidance on data security to help businesses that collect, store and use consumer information to stay out of hot water with the agency. Gleaned from the more than 50...more

Safe Harbor Judgment to be Delivered October 6th!

Following up on our last post from last week, the Court of Justice of the European Union (CJEU), moving at almost breakneck speed, has announced that it will be deciding the legal status of the US-EU Safe Harbor Framework on...more

What is reasonable? The emerging legalities of cybersecurity post-Wyndham

This month’s edition of the Advanced Cyber Security Center’s newletter includes my discussion of lessons to be learned from the Wyndham decision: Historically, security was an issue reserved in a back room for the IT...more

Judicial Redress Act Advances

In what may prove to be a major step forward in US-EU privacy relations, the House Judicial Committee approved H.R. 1428, the Judicial Redress Act of 2015, on September 16. If enacted, the bill would allow citizens of...more

Delaware Enacts Package of Internet Data Laws

Joining the collection of states with online privacy laws, Delaware has enacted a package of statutes governing the collection, storage and use of the personal information of Delaware residents by websites, Internet and cloud...more

Strange Bedfellows: Technology Issues in Real Estate Transactions, Part 2

This blog is the second part of a two-part series on key contracting issues with technology service providers, and the focus is specifically geared toward companies doing business in the real estate industry. As noted in Part...more

Three Things In-House Counsel Needs to Know About Russia’s New Data Localization Law

On September 1, 2015, Russia’s new law requiring data localization, Russian Federal Law No. 242-FZ (“Russia’s Data Localization Law”) became effective. Although Russia’s Data Localization Law makes multiple changes to...more

Russia’s new data law

Russia’s new Data Localisation Law went live yesterday on 1 September. Many companies with operations in Russia are scratching their heads about how to comply. The Basics - The new law applies to businesses with a...more

Data Localisation Law – clarifications published with one month to go…

Just one month before the new Data Localisation Law (‘the law’) is due to come into force, the Russian Ministry of Communications has published its long-awaited clarifications (in Russian) to the new law....more

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