Data Privacy

News & Analysis as of

Legal Developments in Connected Car Arena Provide Glimpse of Privacy and Data Security Regulation in Internet of Things

With the holiday season in the rear view, automobiles equipped with the newest technology connecting carmakers with their vehicles, vehicles with the world around them, and drivers with the consumer marketplace – Connected...more

eBook Doing Business in Massachusetts: A Guide to U.S. and Massachusetts Law for Non-U.S. Businesses

This guide is intended to provide foreign business-people with an introduction to the basic kinds of laws and regulations that affect the conduct of business in the United States, and particularly in The Commonwealth of...more

Extension of Time-Limited, Conditional No-Action Relief Regarding Masking Certain Reportable Identifying Information

On January 15, the Commodity Futures Trading Commission’s Division of Market Oversight (DMO) issued CFTC letter 16-03 (“Letter”) providing a conditional, time-limited extension of the relief provided in CFTC Letter 13-41,...more

"Emerging Trends in Privacy and Cybersecurity"

Entering 2016, the relentless stream of cyberattacks continues unabated, having become a "business as usual" reality to which companies must adapt. All companies, regardless of size or industry, are potential targets, and the...more

Cybersecurity and Data Privacy: Belated Holiday Gift - The IRS Doubles Down on Tax Free Identity Protection Services (1/16)

Following several high-profile breaches of business and government databases affecting the personal information of millions of Americans (including the IRS’s "Get Transcript" app) many businesses, governmental agencies and...more

3 Defining Issues for the Internet of Things in 2016

In an era of ever-evolving ‘wired’ technology, increasing interconnectedness, and business and personal concerns about data security, we recently asked attorneys writing on JD Supra: What will be among the defining issues of...more

CFPB engaged in process to allow public input on privacy questions under new HMDA rule

On January 11, Elena Babinecz, a CFPB attorney, spoke as part of a panel relating to the revised HMDA rule at the Winter Meeting of the Consumer Financial Services Committee of the Business Law Section of the American Bar...more

Volkswagen refuses to share emails with the U.S. Investigators, citing privacy concerns

German auto manufacturer Volkswagen (VW) is reportedly using German privacy laws to resist turning over its top executives’ internal corporate emails and other communication materials to United States attorneys general and...more

Privacy Tip #18 – Beware of phishing expeditions

So I have been in the data privacy and security world for the past 16 years, and I am still amazed at how savvy hacksters are, and how vulnerable we are to their antics. And…how much havoc they can wreak personally and to our...more

[Event] Privacy & Security in the Internet of Things - Jan. 27th, 9:00-10:30am

The IoT era is here. With expectations of tens of billions of IoT devices coming online in the next few years, the data privacy and security concerns are growing almost as quickly. IoT devices are expected to be involved in...more

Tribute to David Bowie and VW’s Cooperation Posture

We interrupt this week’s Travel Edition blog posts to honor David Bowie, who died yesterday. To say his album Diamond Dogs was a revelation is simply because it is the only word which comes close. During my final semester in...more

All You Need to Know About LabMD’s Big Win in/over the FTC

We have been meaning for a while to write about LabMD’s epic data privacy fight against the FTC. We’re sure you have read about the action, and particularly about the administrative order dismissing the government’s...more

FTC Reveals Agenda for PrivacyCon

On December 29, the FTC revealed the full agenda for PrivacyCon, a Washington, D.C. conference scheduled to take place on January 14, 2016. Participants will examine current research and trends related to consumer privacy and...more

Furnisher Duties of Accuracy Under the Fair Credit Reporting Act

The stated purpose of the Fair Credit Reporting Act (FCRA) 15 U.S.C. §§ 1681, et seq., is to require consumer reporting agencies (CRAs) to adopt reasonable procedures to meet the needs for consumer credit, personnel,...more

Predictions (and hopes) for e-discovery in 2016

While 2015 will likely be remembered as the year the Federal Rules of Civil Procedure were substantively overhauled to resolve many persistent issues related to e-discovery, 2016 quietly marks ten years since the Federal...more

Germany Permits Consumer Protection Associations to File Class Actions for Violations of Data Protection Law

On December 17, 2015, the German Parliament passed a new act which permits consumer protection associations, industry and commerce chambers or other approved business associations to file privacy class actions. The law is...more

Class Action Round-Up: Fall 2015

Where the (Class) Action Is - Moving into the second half of 2015, there is no shortage of interesting cases across the spectrum of class action issues and claims. In this edition of the Round-Up, courts continue to...more

Massachusetts Court: Patients Have Standing to Sue for Data Breach Based on Data Exposure Alone

A Massachusetts Superior Court judge held that a plaintiff has standing to sue for money damages based on the mere exposure of plaintiff’s private information in an alleged data breach. The court concluded that the plaintiff...more

Cybersecurity and Data Privacy: New Cybersecurity Bill Introduced in Senate Would Effectively Force Public Companies to Address...

In response to the increase of cybersecurity attacks and data breaches in recent years, some companies have begun to recruit cybersecurity experts to their board of directors. On December 17, 2015, U.S. Senators Jack Reed...more

2016 Trends #2: Transitioning to a More Global Center of Gravity for Ethics and Compliance

Today, many ethics and compliance professionals, no matter where we’re located, find it to be important to keep up-to-date on the latest news from the European Union courts, the U.K.’s Serious Fraud Office and international...more

Social Media in the 2010s: A Force Awakens

When I was asked by LexBlog to provide insight into my most significant story I’ve written about in the first half of this decade (and wondering if it started on January 1, 2010 or 2011?), I first thought about looking at...more

Privacy Tip #15 – Protecting your privacy during holiday travel

The holiday season means traveling to see family and friends, and is a wonderful time of year. That travel includes planes, trains and automobiles. Although that movie was hilarious, travel can be hazardous to the protection...more

Landmark Cybersecurity Legislation Included in Omnibus Package

Action Item: Congress included the Cybersecurity Act of 2015 (the “Act”) in the Consolidated Appropriations Act, 2016 (P.L. 114-113), passing comprehensive cybersecurity legislation for the first time since the major U.S....more

Highlights of Europe’s New Global Data Protection Law

After nearly four years of amendments and negotiations, the European Parliament, Council of the European Union and European Commission reached a political agreement on the proposed General Data Protection Regulation (GDPR) on...more

Privacy Tip #14 – Record Destruction: an overwhelming problem

This week’s tip is applicable to both individuals and businesses, and is a headache for both. Lately, it seems that everyone I talk to is lamenting about what a hassle document retention and destruction is, both personally...more

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