Data Privacy

News & Analysis as of

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

The Eighth Circuit Charts a Course for Data Privacy Cases in the Wake of Spokeo for Technical Violations of a Statute That Result...

The Eighth Circuit recently became the one of the first federal Courts of Appeals to apply the U.S. Supreme Court’s Article III standing decision in Spokeo Inc. v. Robins to a data privacy case. The Eighth Circuit affirmed...more

“Face It”- Snapchat, Facebook, and Google Dealing with Suits Over Facial Recognition Technology

Snapchat, the popular “disappearing image” messaging social media corporation, was free to enjoy this past Labor Day weekend due to a voluntary dismissal of a biometric privacy class action. On August 30, 2016, the class...more

UK Digital Economy Bill

The UK government has published its Digital Economy Bill, intended to lead to a new Digital Economy Act. Although this is not the first time that the UK has produced legislation on the Digital Economy, the timing of the...more

Ten Key Legal Issues to Consider When Moving Stateside

Stateside - Even before the uncertainties following the Brexit referendum result, a move to the U.S. was an attractive proposition for high growth UK businesses. Common language, similar culture, access to capital and a...more

International News: Focus on International M&A

The Impact of The EU General Data Protection Regulation - The EU General Data Protection Regulation 2016/679 (GDPR) was published in the Official Journal of the European Union on 4 May 2016 following the compromise...more

California Considers Rules For Data Security, Geolocation ­

On Wednesday, August 24, the California state senate (the “Senate”) took action on a bill that would expand the definition of protected personal consumer data to include geolocation and biometric information while also...more

Third Circuit Dismissal Affirmance Based on Economic Loss Doctrine Shows Spokeo Shouldn’t Be Your Only Data Breach Class Action...

While the United States Supreme Court’s ruling in Spokeo v. Robins, 136 S. Ct. 1540 (2016), has garnered much attention after being cited by numerous courts as a means to dismiss data privacy class actions, defendants should...more

Brexit Board Briefing

The world is awash with uncertainty about Brexit. We imagine that you, like most, are sorting through it all. Pillsbury is here to help. Our dedicated Brexit Team is monitoring developments and weighing the legal risks and...more

LastPass Security Vulnerabilities Discovered

Passwords have always been a challenge. It is hard to remember them, and you are not supposed to use the same password across different platforms. Several companies, including LastPass, have tried to help consumers with...more

Pokémon – A Wake-up Call to Employers on the Importance of Electronic Use Policies

As my 11-year-old begs to borrow my mobile device to catch a Pokémon, I become one more Generation X member unwittingly joining the millions of millennials participating in an augmented reality game. For employers, Pokémon...more

Cybersecurity News & Notes – August 2016 #2

In Case You Missed It: In a sign of the growing importance of cyber operations in warfare, the Obama administration plans to elevate the status of the Pentagon’s Cyber Command. The U.S. Cyber Command, or USCYBERCOM, was...more

The Cost of Noncompliance: LifeLock Continues to Pay

LifeLock, Inc. made headlines in December 2015 when it finalized a $100 million settlement with the Federal Trade Commission—the largest monetary award ever in an FTC order enforcement action. As reported by McGuireWoods’...more

Wearable Technology Raises Concerns Regarding IP, Data Privacy and Data Security

When fashion fuses with high tech, we see our friends show up with trendy wearables, such as smart watches, fitness bands, and even high-tech, designer purses. But, trendiness aside, wearables raise numerous questions for...more

Meteoric Rise Of Pokémon Go Spurs Privacy Concerns

2.7 Million Dollar HIPAA Settlement –  Last week, Oregon Health & Science University (“OHSU”) agreed to pay $2.7 million to resolve potential violations of the Health Insurance Portability and Accountability Act of 1996...more

Cybersecurity News and Notes – August 2016

In Case You Missed It: The Federal Trade Commission issued an opinion in the LabMD case, overturning an ALJ’s November 2015 decision holding that the FTC failed to meet its burden to prove that LabMD’s data security...more

France’s national data protection commission orders Microsoft to protect its users’ data

An investigation by France’s National Data Protection Commission (CNIL) has found that Windows 10 has been “collecting excessive user data” and has been tracking users’ web browsing without their consent. The CNIL has ordered...more

Are You an Insider? Data Privacy Challenges Posed by New Insider List Requirements

The EU’s Market Abuse Regulation (“MAR”) came into effect on July 3, 2016 replacing the EU’s Market Abuse Directive. Unlike the Directive, the MAR has direct effect in each EU member state, including the UK....more

Pokémon Go Back to Work!

Pokémon Go has taken the United States and the rest of the world by storm, with an estimated 75 million downloads in the first three weeks since its release. For the uninitiated, Pokémon Go is an augmented reality game where...more

Advertising Law - July 2016 #4

Sen. Franken Hits Pause on Pokémon GO - After the Pokémon GO app was downloaded approximately 7.5 million times in the United States alone in its first week of release, Sen. Al Franken (D-Minn.), the chairman of the...more

How BCM Saves Money in Cybersecurity, Laurence Guihard-Joly Explains [PODCAST]

Laurence Guihard-Joly is back with information showing that business continuity management can save companies money from a study conducted by the Ponemon Institute. Compliance leaders are always on the hunt for metrics...more

Cybersecurity News & Notes – July 2016 #4

In Case You Missed It: U.S. Major party platforms address cybersecurity. The two major parties have released their 2016 election platforms, both of which include cybersecurity planks. The Republican platform’s perspective...more

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