Data Privacy

News & Analysis as of

When “Shhh” turns to “Oh $%*#!” – No Pseudonyms for Ashley Madison Plaintiffs

Nothing good has come from the Ashley Madison hacking incident, except hopefully some well-deserved apologies to loved ones. Now the E.D. Mo. Court hearing the In Re Ashley Madison Customer Security Breach Litigation, MDL No....more

CFPB: The Quarterly Review - April 2016

If the first quarter is any indication, 2016 is going to be a busy year for the CFPB and market participants alike. The CFPB Speaks - Regulation by enforcement - On March 9, during his prepared remarks to...more

Managed Services: eDiscovery That Tastes Great and Is Less Filling

In the 1970s, one brewer introduced its brand of light beer, and a classic debate: “tastes great” vs. “less filling.” The idea behind the campaign was that the beverage was “everything you always wanted in a beer. And...more

House Committee examines student data privacy concerns

The House Committee on Education and the Workforce recently held a hearing to evaluate federal policies affecting education research and student privacy. At issue is whether and how Congress will update the 1974 Family...more

Expectations of Privacy: Location Matters

Sometimes law enforcement needs a warrant to access cellphone data, sometimes a court order. Sometimes nothing is required. Roaming while you roam. Depending on where you use your cell phone, law enforcement may...more

Bypassing Encryption Under Court Orders: New Bill Scares the Privacy Community

Senators Diane Feinstein and Richard Burr have released a discussion draft on providing technical assistance to law enforcement seeking to gain access to encrypted information pursuant to a court order. The draft has been...more

From Ashley Madison to the Panama Papers: Is Hacked Data Fair Game?

We’ve previously written about the distinctions between hacking credit and other financial data in comparison to hacking private information. (See Ashley Madison and Coming to “Terms” with Data Protection.) The issue of how...more

Venture Capital Coast to Coast – April 2016

VC WATCH - The Venture Capital “Reset” – We Were Expecting You - Venture capital fundraising declined in 2015, with total money raised down more than 9 percent and a 13 percent decrease in the number of fund...more

Senators Release Draft Of Bill To Require Technology Companies To Assist Law Enforcement With Access To Encrypted Data

On April 13, 2016, Senate Intelligence Committee Chairman Richard Burr (R-NC) and Vice Chairwoman Dianne Feinstein (D-CA) released a new draft of a bill that would effectively prohibit unbreakable encryption and require...more

Nebraska Amends Data Breach Notification Law

Last week, Nebraska Governor Pete Ricketts signed into law LB 835, which makes the following amendments to the state’s data breach notification statute: - Adds to the definition of “personal information” a user name or...more

“But I Only Wore It Once!”: The Rising Cost of Return Fraud

Your customers may be thinking, "What’s the harm in wearing something once and returning it?" But return fraud can have a big impact on a retailer's bottom line. The National Retail Federation estimates that return fraud will...more

Two Years to Get Ready – GDPR Adopted

After 4 years of negotiation, today the European Parliament adopted the General Data Protection Regulation (“GDPR“). In doing so, it signaled the end of the EU approval process and put businesses on alert that they now have...more

It’s Not Just the Internet of Things Anymore

Last year, there were an estimated 16 billion devices connected to the Internet, and predictions say that the number will rise as high as 30 billion devices by 2020. The Internet of Things (IoT) has gained publicity (or...more

More Guidelines on Data Privacy Compliant Use and Monitoring of Internet and Emails in the Workplace in Germany

Recently, the Berlin-Brandenburg Regional Labor Court ruled on the rights of an employer to check browsing history without the employee’s consent. Orrick’s German employment team published a client newsletter about this...more

Vendor management high on the risk management to do list

A new Ponemon study emphasizes the risk of third party vendors which have access to company data. According to the survey “Data Risk in the Third Party Ecosystem,” companies are concerned about their third party vendors, but...more

Now Required in UK: Register of People with Significant Control

Effective immediately, most UK companies, Societates Europaeae and UK Limited Liability Partnerships (LLPs) are required to maintain a register of People with Significant Control (“PSC Register”). Set out below is a brief...more

Authenticating Purchases with Facial Recognition

Facial recognition technology has rapidly advanced in sophistication and accuracy over the years. Early use of the technology was focused on facial detection in security systems. Since 2014, the federal government has...more

In the Global War for Data Privacy, Germany, France and Norway Launch First Strikes under ‘The Shield’

In the comic book world, one is often either a DC person or a Marvel person. In the data privacy world, one could say the European Court of Justice ruling last fall inspired the switch from DC’s Aquaman’s (Safe) Harbor to...more

Russia's New Personal Data Localization Requirements

Employers in Russia and companies doing business in Russia should be prepared to comply with recently enacted requirements governing storage and processing of the personal data of Russian citizens, which are designed to...more

Cybersecurity and Data Privacy: Senate Finance Committee to Take Up Cybersecurity Legislation (4/16)

The New York State Senate Committee on Finance is set to take up two new bills this week relating to cybersecurity. The first bill, S.3405-A, would mandate that a cybersecurity assessment/report be prepared by the...more

Fiduciary Issues and Data Privacy Is Your Plan Data Really Safe?

Despite the fact that Personally Identifiable Information (PII) definitions are continuously broadening with the addition of new data elements, and proposed federal legislation aims to reconcile state laws, security breach...more

Google latest defendant in biometrics case

We have been following and reporting on the Facebook and Shutterfly biometrics cases in Illinois and California. Google was recently sued by a potential class in Illinois alleging that it violated the Illinois Biometric...more

Wearable device data discoverable in the courtroom?

One in five U.S. consumers are tracking their every movement, from their heart-rate, skin temperature, respiratory rate to their activity levels, food intake, weight, and sleep patterns. With this so-called ‘black box’ for...more

Tennessee to Require Breach Notification within 14 Days

Last week, Tennessee Governor Bill Haslam signed into law SB 2005, which makes two amendments to the state’s data breach notification statute – effective July 1, 2016. With these amendments, Tennessee has joined a handful of...more

HIPAA Audits Are Here: What to Expect When You are Expecting (an Audit)

The Phase 2 audit program for HIPAA compliance is under way. The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced that it had launched the Phase 2 audits to examine and assess how covered...more

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