News & Analysis as of

Data Collection Data Protection

Asia Pacific Data Protection and Cyber Security Guide 2017

by Hogan Lovells on

2016 was an eventful year in the Asia-Pacific region, as data protection and cyber security issues increasingly feature in the news headlines in the Asia-Pacific region as they do elsewhere, our annual publication, the 2017...more

Swiss-U.S. Privacy Shield: Key Similarities, Key Distinctions with the EU-U.S. Approach

by White & Case LLP on

On April 12, 2017, the U.S. International Trade Administration ("ITA") will begin accepting self-certifications for the Swiss-U.S. Privacy Shield ("Swiss Privacy Shield"). The Swiss Privacy Shield replaces the U.S.-Swiss...more

IoT Device Maker Settles Class Claims for $3.75 Million

by BakerHostetler on

In one of the first Internet of Things (IoT) class action settlements, the maker of a Bluetooth-enabled personal vibrator agreed to settle privacy class claims for $3.75 million. The We-Vibe product allows a user to...more

What's in China's New Cybersecurity Law

by Faegre Baker Daniels on

The controversial Cybersecurity Law of China, issued in November 2016 by the National Congress Standing Committee, will become effective on June 1, 2017. This new rule requires the network service providers in China to...more

FTC Nets $500,000 Settlement for Alleged Consent Order Violation Related to Online Data Collection Practices

by BakerHostetler on

On March 17, 2017, the Federal Trade Commission (FTC) announced that it had reached a $500,000 settlement with Upromise, a membership reward service aimed at families saving for college. The FTC had alleged that Upromise...more

Upromise Penalized for Violating FTC Privacy Order Over Rewards Program

by Reed Smith on

Upromise found itself in front of the Federal Trade Commission answering very tough questions earlier this month. The inquiry was related to a 2012 order requiring that Upromise include disclosures about data collection...more

Defamation and data protection claims can be brought in parallel

by White & Case LLP on

The English Court of Appeal has confirmed in a recent case that data protection claims may be brought hand-in-hand with defamation claims. The case provides a reminder to businesses that the use of data protection as a weapon...more

EDRM Releases New Security Questionnaire: eDiscovery Trends

by CloudNine on

As promised when they announced the project last August, EDRM announced last week the release of a new Security Audit Questionnaire, which is designed to be a practical tool for evaluating the security capabilities of...more

WhatsApp security flaw, lawsuit in Germany

Tobias Boelter, a University of California Berkeley cryptography researcher claims that last year he found a security flaw in WhatsApp’s encrypted smart phone messaging application. The flaw, which relates to the unique...more

7th Circuit Rules No Class Action unless the Data is at Risk

A Time Warner customer filed a putative class action suit against it alleging that it violated the Cable Communications Privacy Act because it stored personal information of customers improperly. In particular, he alleged...more

EU e-Privacy Regulation Raises Stakes for Compliance

by Ballard Spahr LLP on

The European Commission's proposed e-privacy regulation sets forth obligations on handling electronic communications and clarifies obligations for seeking consent for the use of cookies. Meant to bring the e-privacy directive...more

New Notice and Consent Rules under Proposed EU e-Privacy Regulation

by Hogan Lovells on

The European Commission has released its proposal for a new EU e-Privacy Regulation that will replace the existing e-Privacy Directive. The high level aim of the draft e-Privacy Regulation is to harmonise the specific...more

CJEU holds that mass surveillance must not be general and indiscriminate

The CJEU (the European Union Court of Justice) has handed down a decision which makes clear that general and indiscriminate retention of electronic communications is unlawful. National legislation of each European Member...more

Unicorns are Real, Indecision May Possibly Be Your Best Option at Some Point and Yes, Virginia, You Can Trust Big Brother

Washington State Begins Beta Testing Its Pioneering Privacy Modeling App - Seattle — and by extension, Washington — has a purist attitude in its fusion of technology and life. All other states offer their employees...more

Proposed German Law Could Curtail Privacy Rights

by King & Spalding on

Although Germany has tended to advocate relatively strict data protection laws, a recently released draft law could call into question the extent to which Germany will protect privacy rights in the future. The stated purpose...more

Data Security for Employers: An Update

by Zelle LLP on

Employers store, manage, and share sensitive data about employees. The Navigator and other commentators have written a lot about issues related to personally identifiable information, health-related data, and employee...more

Implementing the GDPR: What You Need to Know

by Reed Smith on

Data protection procedures will require an overhaul for any company that offers goods and services, or tracks individuals, in the EU under the European General Data Protection Regulation (GDPR) to take effect from 25 May...more

Broadband Providers Face New Regulations for Protection of Consumer Data

Last week, the Federal Communications Commission (FCC) released landmark protections for internet users, requiring permission from broadband subscribers before broadband providers can collect data on the subscribers’ web...more

The Dangers Of The Darknet - And Why Constant Monitoring Of Workplace Computer Activity Is A Modern Necessity

by Fisher Phillips on

Nearly every piece of data and information generated by businesses these days is corralled into various electronic storage sites, such as company network servers, software-as-a-service (SaaS) business applications, and...more

DOT Issues Proposed Cybersecurity Guidance for Auto Industry

On Monday, October 24, 2016, the Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) issued proposed cybersecurity guidance to the auto industry, including auto manufacturers and designers...more

Fenwick Privacy Bulletin - Fall 2016

by Fenwick & West LLP on

Privacy Shield – An Early Reflection - EU law generally prohibits the transfer of personal data from the European Economic Area to the U.S., unless the transfer is made in accordance with an authorized data transfer...more

3 Guidelines to Maximize Value of Data

Imagine you are the CEO of company sitting across from an interviewer. The interviewer asks you the age old question, “So tell me about your company’s strengths and weaknesses?” You start thinking about your competitive...more

Update from the French Data Protection Authority on the compliance package for connected vehicles

by Reed Smith on

The market of the so-called “connected vehicles” has been considerably growing since 2015. According to a recent study by AlixPartners, 78 million of connected vehicles will be commercialized in 2018, generating a EUR40...more

Agencies Encourage New Privacy Regulations to Close the mHealth Black Hole and Keep Pace with Evolving Technologies

by Polsinelli on

On July 19, 2016, the ONC submitted a report to Congress which suggests that health privacy regulations soon may be revised to catch up with the universe of mHealth technologies that now use and share personal health data....more

Illinois Revises Data Privacy Statute

by Franczek Radelet P.C. on

Earlier this year, Illinois enacted a number of changes to the Illinois Personal Information Protection Act (“PIPA”). The amendments to PIPA, among other things, expand the definition of personal information subject to...more

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