Data Privacy

News & Analysis as of

Brexit’s Impact on the Insurance Industry

Following the UK’s historic advisory vote to leave the EU, key questions must be answered before any real change occurs. These include: Must the government implement the advisory vote, and if so, how? Will the UK really...more

Health Care System’s HIPAA Security Risk Results in $2.14 Million Fine

On October 18, 2016, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), announced that St. Joseph Health (SJH) agreed to settle allegations relating to the HIPAA Privacy and Security Rules,...more

Cyber Security and Loss Recovery - A New Alternative for Organizations

The largest data breaches ever have occurred since 2015, and targets have encompassed a wide spectrum of entities. Organizations affected range from U.S. DOJ and the IRS—where citizens’ personally identifying information was...more

FCC Wades Back Into Data Privacy and Security for ISPs With Revised Privacy Proposal

Recently, Federal Communications Commission (FCC or Commission) Chairman Tom Wheeler circulated to the Commission a revised proposed order to regulate the data privacy and security practices of internet service providers...more

Augmented Reality, and the Inevitable Regulations, Go!

Well before Pokémon Go burst onto the mobile gaming scene in July, we had written about some of the pitfalls associated with AR gaming. When the game netted some 45 million daily users in just a few weeks, we talked about...more

Expected Soon: Modifications of the Standard Contractual Clauses

The European Commission very recently presented two draft implementing decisions amending the existing adequacy decision on standard contractual clauses. These drafts were presented to the Article 31 Committee, which is...more

Brexit: Future Proofing Your European Business

The dust has now settled after the seismic shift of the UK’s vote to leave the European Union (also known as “Brexit”) on 23 June. The British Government has yet to formally trigger exit, and legal challenges are underway by...more

State Legislatures Protect Student Data and Mandate Greater Transparency

Public schools have generated and maintained massive amounts of student information for decades. Standardized test scores, grades, conduct records, psychological and medical information, student assessments, child and parent...more

Virtual Reality: The Expected Future Ubiquity Of Consumer Virtual Reality Equipment And Consequent Legal And Regulatory Challenges

In this paper we consider how a new generation of virtual reality headsets promises to fundamentally change consumer experiences of virtual environments, and we raise some of the major legal and regulatory challenges that...more

Guidelines for Data Maps and Data Inventories

Knowing the type of data that you collect, where it is being held, with whom it is being shared, and how it is being transferred is a central component of most data privacy and data security programs. The process of answering...more

Update on Data Breach and Data Privacy Class Actions Post-Spokeo

In May, the U.S. Supreme Court issued its opinion in Spokeo v. Robins, providing guidance on the “injury-in-fact” aspect of the constitutional standing requirement for putative class action plaintiffs. 136 S. Ct. 1540...more

FCC Chairman Moves to Regulate Broadband Consumer Privacy

On October 6, Federal Communications Commission (FCC) Chairman Tom Wheeler released a factsheet outlining proposed rules aimed at protecting broadband consumers’ privacy. The proposed rules would apply to internet service...more

A Long Road Ahead: Data Privacy and the Self-Driving Car

America has had a longstanding love affair with the automobile, as a manifestation of innovation and independence. The next chapter is likely the advent of the (fully or partially) autonomous vehicle....more

[Webinar] Cloud Computing Series – eDiscovery - October 26th, 12:00p.m. CT

As cloud providers grow and more information is being stored in “the cloud,” it is important to consider the risks and benefits when confronted with litigation. This webinar presentation will examine litigation and...more

Supreme Court Denies Cert in Leading Case on Internet Tracking and Analytics

The Supreme Court recently declined to review In re Google Inc. Cookie Placement Consumer Privacy Litigation—a consolidated class action alleging that Google and third-party advertisers evaded web browser privacy settings,...more

Your Credit Card Number’s Been Stolen. Have You Been Injured? Courts’ Answers Continue to Vary

Seemingly not a day goes by without news of another major data breach. In the past few weeks, Yahoo! announced that at least 500 million of its user accounts were stolen in 2014, hot on the heels of Dropbox’s announcement...more

Companies Perceived By The FTC as Top Violators

As discussed in the previous section, the FTC collects complaints about organizations that allegedly violate the data privacy, data security, advertising, and marketing laws. Each month the FTC’s Division of Planning and...more

Vague Pleading Causes Data Privacy Class Action Against Grocer to Fail at the Check-out

Particularity and plausibility are recurring themes from Judge Reagan’s order last week in the most recent round of litigation stemming from a 2012-2013 data breach at Schnucks grocery. See Community Bank, et al. v. Schnuck...more

Privacy Tip #55 – October is National Bullying Prevention Awareness Month

I never knew that since 2006, October has been designated as National Bullying Prevention Awareness Month. According to the Department of Health and Human Service’s website, “This year’s Bullying Prevention Awareness Month...more

Three Steps to the Right Cloud for Your Business

The term “cloud computing,” — a process by which remote computers are used to store, manage and process data — is no longer an unfamiliar term. According to at least one estimate, “approximately 90 percent of businesses...more

Department of Transportation Releases Policy Guidance on Autonomous Vehicle Technology (Part I: Industry Guidance)

As automakers and their suppliers alike have been working through the issues confronting autonomous vehicles, they have been doing so with a giant blind spot: just how the federal government, which regulates almost every...more

Encryption: Ensuring the Right to Privacy in the Information Age?

On December 2nd, 2015, a tragic mass shooting occurred in San Bernardino, California. The attack resulted in 14 deaths and severe injuries to 22 others. The attackers, a married couple, targeted the husband’s workplace – the...more

Judge Approves LifeLock’s $68M Proposed Settlement with Class and $10.2M with Lawyers

On Tuesday, September 20, 2016, a federal judge in California granted approval of the $68 million settlement between LifeLock and a class of plaintiffs that alleged it made false statements about the services it provides to...more

Pullman & Comley’s 2016-17 Superintendents’ Legal Issues Forum – Session One Recap

Pullman & Comley’s 2016-17 Superintendents’ Legal Issues Forum got off to a great start with a thought provoking presentation by Mark Sommaruga and Zach Schurin regarding a summary of 2016 Connecticut legislative enactments...more

Ninth Circuit Issues Two Recent Decisions Further Definining Liability Under the Computer Fraud and Abuse Act

In July, the Ninth Circuit Court of Appeals issued two decisions by which it intends to clarify liability under the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (“CFAA”). The CFAA imposes criminal penalties and...more

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