News & Analysis as of

Data Privacy

Is Your Business In Compliance With The Illinois Biometric Information Privacy Act

by Fox Rothschild LLP on

A number of employers in Illinois are involved in pending class action litigation regarding violations of the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (the “BIPA”). The BIPA, which was enacted in...more

FTC’s Unfairness Claim is Dismissed in Closely Watched Device Data Privacy-Based Action

The January 5, 2017, Complaint filed by the Federal Trade Commission (“FTC”) in the U.S. District Court for the Northern District of California (“Court”) against D-Link Corporation and D-Link Systems, Inc. (Federal Trade...more

Privacy Tip #109 – Cybersecurity Tips for Small (and all) Businesses

I travel around helping businesses, both large and small, work on assessing their cybersecurity risks and implement measures to protect data, reduce risk and comply with applicable state and federal laws. In doing so, it is...more

What's at Stake in the Latest Landmark EU International Data Privacy Case?

by Faegre Baker Daniels on

The long-running legal challenge on the validity of transfers of personal data from the European Union reached another milestone last week. On October 3, the Irish High Court referred questions on the validity of EU Standard...more

Top Five Takeaways from PREX17

by Zapproved LLC on

Tech, data security and ethics dominate e-discovery conversations heading into 2018 - Every year at PREX, our in-house e-discovery conference, I’m exposed to an impressive array of intriguing new perspectives and creative...more

[Webinar] Developments and Trends in Cross-Border Regulation and Enforcement: What You Need to Know for 2018 - October 24th,...

by BakerHostetler on

Join BakerHostetler for a complimentary webinar on trends and predictions for 2018 in the cross-border government investigations and enforcement landscape. This year has seen a marked uptick in international coordination in...more

Internet of Things (IoT) Poses Information Governance Challenges for Organizations - Nextra Solutions

by Nexsen Pruet, PLLC on

The Internet of Things (“IoT”) seems to impact every aspect of life. IoT generally refers to computing devices embedded in everyday objects that collect data. From thermostats to driver-assisted cars, innumerable devices...more

What American Companies Need to Know about the EU’s New General Data Protection Regulation (GDPR)

by Fisher Phillips on

The General Data Protection Regulation (GDPR) is a new data privacy and security law in Europe that will go into force on May 25, 2018. Every organization that does business with EU customers, regardless of the home base of...more

Equifax Flunked Index Provider’s Cybersecurity Test A Year Ago

A financial index provider foretold the Equifax Inc. data breach more than a year ago, warning that the rating agency “is vulnerable to data theft and security breaches.”...more

Employee Fingerprinting and the Illinois Biometric Information Privacy Act: Class Action Suits Filed

by Franczek Radelet P.C. on

On September 29, 2017, a group of employees at Peacock Foods filed a class action lawsuit claiming that the company’s collection of employee fingerprints for time-tracking purposes violated the Illinois Biometric Information...more

Biometrics: The Wave of the Future Sparks a Current Wave of Class Action Litigation

by Benesch on

Brought about by an obscure state law passed nearly a decade ago—the Illinois Biometric Information Protection Act (740 ILCS 14/1)—the next wave of privacy class action litigation is here and in full-swing. While an Illinois...more

New Ibero-American Standards to Provide Consistency in the Protection of Personal Data

by Jones Day on

In Short - The Situation: On June 20, 2017, the Ibero-American Network for Data Protection approved the Standards for Data Protection for the Ibero-American States....more

Worldwide Group of Data Privacy Regulators Issues Guidance on Connected-Car Technologies

by Ballard Spahr LLP on

A global group of data privacy regulators has, for the first time, set forth data privacy and security guidance on the development of automated and connected-car technologies. ...more

State and Local Governments Move Swiftly to Sue Equifax.

by Ballard Spahr LLP on

The cities of Chicago and San Francisco and the Massachusetts Attorney General have filed the first enforcement actions against Equifax following the announcement of a data breach affecting an estimated 143 million consumers....more

Hazards Ahead: Uptick In Biometric Privacy Laws Can Put Employers In Hot Seat

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A string of recent class action lawsuits regarding businesses’ use of employees’ biometric data should put employers on heightened alert regarding compliance with various state biometric privacy laws....more

Irish High Court Asks European Court to Rule on Legality of EU-US Data Transfers

by Reed Smith on

On 3 October 2017, the Irish High Court held that it is up to the European Court of Justice (“ECJ”) to determine whether Standard Contractual Clauses (“SCCs”) are a valid method of transferring personal data outside of the EU...more

CFPB Walks the Data Privacy Tightrope on Public HMDA Disclosures

In the wake of the Equifax data breach, consumers, companies, and regulators alike are cognizant of the potential exposure of personal information, and many companies are looking at ways to decrease the risk of unauthorized...more

The Data Report Episode 15: Setting the Narrative

by Bilzin Sumberg on

Module Four: When It All Goes Wrong (Part IV) In this episode of The Data Report, Litigation attorney Jay Ward highlights the importance of setting a strong narrative in the wake of a data breach. Demonstrating internally...more

9 Key Takeaways From the 12th Annual Healthcare Provider Conference

by McGuireWoods LLP on

September 26, 2017 Following are nine key takeaways from the 12th Annual Healthcare Provider Conference held in Charlotte, North Carolina, on September 12, 2017....more

Illinois Biometric Case Against Shutterfly Survives

We have been following biometric cases in Illinois, including the case against Shutterfly. Late last week, an Illinois federal judge denied Shutterfly’s motion to dismiss the case against Shutterfly alleging that it violates...more

Cyberattacks Are the New Norm - How to respond and get insurance recovery for government investigations.

Takeaways - Companies that suffer cyberattacks can expect not sympathy but scrutiny from legal authorities. - D&O insurance can cover not only litigation but also investigation costs. - Strategic negotiation of...more

Update: Another Court Gives Broad Reading to Illinois Biometric Privacy Act

by McGuireWoods LLP on

Another court ruling this week concludes that the Illinois Biometric Information Privacy Act (IBIPA) covers face geometry scans that are created from digital images, again rejecting the argument that the statute should apply...more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 1 of 5

by Alston & Bird on

Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR). On July 6, 2017, Germany did so by passing a statute titled the Data Protection...more

Google Goes 0 For 2 in its Request for Review of SCA Warrant Cases: eDiscovery Case Law

by CloudNine on

As Tom O’Connor and I discussed last week in our ACEDS webinar Key eDiscovery Case Law Review for First Half of 2017, Google was ordered earlier this year to produce foreign stored emails by judges in California and...more

Building a Health App? What You Need to Know

Last week, Apple announced the new Apple Watch Series 3 which will feature an enhanced heart rate app. The app will notify you when it detects an elevated heart rate even when you are not working out. The sensor will also be...more

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Cybersecurity

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