News & Analysis as of

Data Privacy

What Compliance Needs to Know About Data Privacy and Security

by Michael Volkov on

You don’t have to be a tech-savvy computer genius to address the basics of data privacy. Like many areas which compliance departments oversee, asking the right question and getting the right internal controls in place are the...more

Data Privacy and Security Legal Reform, and Plaintiffs’ Bar White Paper the Focus of IAPP Panel

by Reed Smith on

A panel on legal reform in the area of privacy and data security at this week’s IAPP Summit provided an opportunity for a discussion between businesses and regulators, as well as for the launch of a white paper on the...more

Six Tips to Consider in Hiring Privacy and Data Security Experts

by Jackson Lewis P.C. on

Facing increasingly pervasive issues relating to privacy and data security companies are faced with what qualifications they should think about when looking to hire experts in these areas, and their role within the company is...more

There Is More To Come In Europe: The Draft Of The ePrivacy Regulation

by King & Spalding on

In January 2017, the European Commission (the “EC”) published its proposal for a new ePrivacy Regulation (the “ePrivacy Proposal”), which will replace the ePrivacy Directive of 2002 (2002/58/EC) and the Cookie Directives of...more

Cybersecurity Bill Aims to Patch Holes in Main Street

by Morgan Lewis on

The US Senate Commerce Committee recently advanced a bill, titled the MAIN STREET Cybersecurity Act of 2017 (the Bill), under which the National Institute of Standards and Technology (NIST) would disseminate “clear and...more

States Continue to Fill Gaps in Privacy Legislation: Illinois Biometric Law Gains Traction and Serves as Model for Other States

by Foley & Lardner LLP on

Enacted in 2008, Illinois’ Biometric Information Privacy Act (740 ILCS 14/1 or BIPA), generally requires companies to obtain a person’s consent before collecting, capturing, or purchasing a person’s “biometric identifier” or...more

Geotargeting Medical Facilities? Massachusetts Says ‘No Snoop For You!’

by Morgan Lewis on

Geotargeting—delivering content to users based on their geographic location—has become a popular and effective marketing tool. Yet proper implementation may be more nuanced than originally contemplated because certain...more

Apple's Secret Team Working on Diabetes Solution Through Wearables

by Taylor English Duma LLP on

Yesterday's news about Apple's secret effort to find the 'holy grail' for treating diabetes is just the tip of the iceberg. The data-mining and communications solutions that are made possible by the Internet will...more

The State AG Report Weekly Update April 2017

by Cozen O'Connor on

Consumer Protection - Colorado Attorney General Obtains Judgment Against Debt Collection Company - Colorado AG Cynthia Coffman obtained a judgment against debt collection company Peak Resolution LLC, its owner, and...more

Will September assessment scuttle EU-US Privacy Shield?

by Thompson Coburn LLP on

Ever since being finalized in July of 2016, the EU-US Privacy Shield has faced considerable criticism. Crafted to replace the long-standing EU-US Safe Harbor that was struck down the previous year, the EU-US Privacy Shield...more

On the Border: Lawmakers Seek to End Warrantless Searches of Electronic Devices by Border Authorities

by Snell & Wilmer on

The controversial practice of U.S. Customs and Border Protection (CBP) agents randomly demanding that Americans turn over passwords to their mobile devices so they can be searched at the border and at ports of entry may be...more

The State AG Report Weekly Update April 6, 2017

by Cozen O'Connor on

Consumer Protection - Delaware and Massachusetts Attorneys General Settle with Auto Lender Over Subprime Loans - Delaware AG Matt Denn and Massachusetts AG Maura Healey reached separate settlements with finance and...more

FCC Broadband Privacy Rule Dead and Buried

by BakerHostetler on

The Federal Communications Commission (FCC) Privacy and Data Security Rule for broadband internet access service (BIAS) providers (the Privacy Rule) is dead. As we discussed, the new rule that was set to start phased...more

As Class Action Spending Continues to Climb, Companies Manage Greater Risks

by Carlton Fields on

Class action spending by companies across industries increased for the second consecutive year, reversing a downward trend that occurred between 2011 and 2014. While the percentage of companies managing at least one active...more

Congress Invalidates New FCC Privacy and Data Security Rules

by Morgan Lewis on

Following actions by the Federal Communications Commission (FCC) to suspend the effective date of the FCC’s data security rules, the US Congress—pursuant to the Congressional Review Act—passed a resolution to block the...more

Consumer Financial Services Law - March 30, 2017

Industry Groups Respond on Consumer Access to Financial Records - Financial industry groups responded to the Consumer Financial Protection Bureau's (CFPB) request for information on consumer access to their financial...more

HR’s Increasing Role in Ensuring Data Privacy

by Shipman & Goodwin LLP on

Last night I had the opportunity to speak to the Colonial Total Rewards Association on the topic of Data Privacy and HR. I titled the presentation “Is Your HR Data Going Rogue” and really focused on the role that Human...more

2016 Year-End Cross-Border Government Investigations and Regulatory Enforcement Review

by BakerHostetler on

The increasing interconnectivity of global markets has become a significant driver of the regulatory and enforcement trends of U.S. and foreign nations. In 2016, U.S. authorities continued their aggressive approach to...more

French Data Protection Authority Provides Guidance on Preparing for GDPR

by Morgan Lewis on

Companies have one year to comply with the new EU regulation on data privacy, and it is estimated that only 10% of companies having operations in France are currently ready. The General Data Protection Regulation...more

Veteran Class-Action Suits Following Data Breaches Dismissed for Lack of Standing

by McDermott Will & Emery on

In a decision consolidating two cases involving two veterans and two separate incidences of data breaches at the Veterans Affairs Medical Center (VAMC) in South Carolina, the US Court of Appeals for the Fourth Circuit...more

Marijuana and Privacy: A Primer

Legal marijuana is America’s fastest-growing industry. According to ArcView Market Research, cannabis revenue is expected to exceed $22 billion by 2020—nearly double that of the NFL. This past year, Colorado saw its sales...more

How the General Data Protection Regulation Will Apply to and Affect the UK

by Morgan Lewis on

The GDPR will apply to the UK when it is effective on May 25, 2018, but the government will need to adopt domestic data privacy legislation upon the UK’s pending exit from the EU....more

Privacy Perils: Data Collection from Connected Devices

by Bass, Berry & Sims PLC on

While the WikiLeaks CIA dump makes for interesting reading about our nation's capability to hack certain connected devices, it does not mean we are all being spied on while waiting for a microwave burrito. However, fanciful...more

Court Confirms Right to Be Forgotten Is Not Absolute

by McGuireWoods LLP on

It has been less than three years since the Court of Justice of the European Union (CJEU) decided that people have the right to have incorrect information about them removed from online search engine results. However, this...more

Privacy, Please

by Partridge Snow & Hahn LLP on

Studies show that Americans are more worried than ever about data privacy and security on the internet. Every time you go online, you reveal a lot of information about yourself: what you browse, where you shop and what you...more

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