News & Analysis as of

Data Privacy

Illinois Biometric Case Against Shutterfly Survives

We have been following biometric cases in Illinois, including the case against Shutterfly. Late last week, an Illinois federal judge denied Shutterfly’s motion to dismiss the case against Shutterfly alleging that it violates...more

Cyberattacks Are the New Norm - How to respond and get insurance recovery for government investigations.

Takeaways - Companies that suffer cyberattacks can expect not sympathy but scrutiny from legal authorities. - D&O insurance can cover not only litigation but also investigation costs. - Strategic negotiation of...more

Update: Another Court Gives Broad Reading to Illinois Biometric Privacy Act

by McGuireWoods LLP on

Another court ruling this week concludes that the Illinois Biometric Information Privacy Act (IBIPA) covers face geometry scans that are created from digital images, again rejecting the argument that the statute should apply...more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 1 of 5

by Alston & Bird on

Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR). On July 6, 2017, Germany did so by passing a statute titled the Data Protection...more

Google Goes 0 For 2 in its Request for Review of SCA Warrant Cases: eDiscovery Case Law

by CloudNine on

As Tom O’Connor and I discussed last week in our ACEDS webinar Key eDiscovery Case Law Review for First Half of 2017, Google was ordered earlier this year to produce foreign stored emails by judges in California and...more

Building a Health App? What You Need to Know

Last week, Apple announced the new Apple Watch Series 3 which will feature an enhanced heart rate app. The app will notify you when it detects an elevated heart rate even when you are not working out. The sensor will also be...more

Global Privacy & Cybersecurity Update Vol. 15

by Jones Day on

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - FTC Comments on Improvements to IoT Device Security - On June 19, the Federal Trade Commission ("FTC") submitted comments to a working group organized by the...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Democrat Aaron Ford Announces Bid for Nevada Attorney General- Democratic state Senate Majority Leader Aaron D. Ford announced his candidacy to become Nevada AG. He is the first major-party candidate to...more

Data protection and breach notification legislation strengthens across the Asia-Pacific region

by Hogan Lovells on

In this hoganlovells.com Q&A, Hogan Lovells partner Mark Parsons discusses data privacy and cybersecurity trends and the evolution of laws and regulations in the Asia-Pacific region....more

Self-Driving Vehicles

by Bryan Cave on

Self-driving cars, or autonomous vehicles, may be the greatest disruptive innovation to travel that we have experienced in a century. A fully-automated, self-driving car is able to perceive its environment, determine the...more

LinkedIn Takes the Role of Protector of its Users’ Privacy

by Dorsey & Whitney LLP on

In a recent case brought in a California court, the professional networking service LinkedIn asserted its right to protect its users’ privacy expectations against a third party interloper that claims the right to collect...more

ETA To Hold Annual Fintech Policy Forum

by Ballard Spahr LLP on

The Electronic Transactions Association (ETA) will hold its Annual FinTech Policy Forum on September 14, 2017 at Google’s DC offices.  ...more

Why Was Facebook Fined by AEPD?

Today, the Spanish data protection agency (AEPD) fined Facebook 1.2 million euros ($1.4 million USD) in connection with how the company collects personal data for advertising purposes. The AEPD said Facebook did not get...more

European Court Proposes Criteria for Assessing Employee Monitoring Activities

by Hogan Lovells on

On September 5, the European Court of Human Rights (ECHR) issued a ruling in the case of Barbulescu v. Romania that affirms employees’ right to privacy in the use of communications tools in the workplace. Although the ruling...more

Massachusetts Lawmakers Turn Attention to Cybersecurity

by Mintz Levin on

In the wake of growing concerns about data privacy and cyber threats, Massachusetts lawmakers are increasingly focused on evaluating and improving the state’s cybersecurity policies and information technology infrastructure....more

Preview of Automated Vehicle Regulations in Germany

by Dechert LLP on

Germany’s Federal Ministry of Transport and Digital Infrastructure formally presented last week ethical guidelines that affirm that governments are focusing on similar themes in designing their regulatory approach to the...more

Key Takeaways from FTC Settlement with Lenovo Over Pre-Installed “Man-in-the-Middle” Software

On September 5, 2017, the Federal Trade Commission (“FTC”) announced that it had agreed to enter into a settlement with Lenovo Inc., which allegedly preloaded some of its computers with invasive software that compromised...more

The State AG Report Weekly Update

by Cozen O'Connor on

Antitrust- Washington Attorney General Files Antitrust Lawsuit Against Health Care Providers Over Alleged Price-Fixing- Washington AG Bob Ferguson filed a lawsuit against health care providers Franciscan Health System...more

Lenovo Settles FTC Charges Regarding Pre-Installed Software That Compromised Consumers' Cybersecurity and Privacy

On September 5, 2017, the Federal Trade Commission (FTC) announced that it and 32 state attorneys general had settled charges with Lenovo regarding the company's practice of pre-loading software on its laptops that...more

Defining Sensitive Personal Information

by Bryan Cave on

Like the terms “personal information,” “personally identifiable information,” or “PII,” the terms “sensitive information” and “sensitive personal information” are often left undefined in contracts and treated as if they were...more

GAO Connected Vehicles Data Privacy Report Highlights Auto Industry Progress, Issues Directive to NHTSA

by King & Spalding on

The Government Accountability Office (“GAO”) has released a report to the House of Representatives Committee on Science, Space, and Technology, Subcommittee on Research and Technology, entitled “Vehicle Data Privacy: Industry...more

Massachusetts Lawmakers Turn Attention to Cybersecurity

In the wake of growing concerns about data privacy and cyber threats, Massachusetts lawmakers are increasingly focused on evaluating and improving the state’s cybersecurity policies and information technology infrastructure....more

Delaware Updates Data Breach Notification Obligations

by Morgan Lewis on

On August 17, 2017, Delaware Governor John Carney signed into law an act to amend Title 6 of the Delaware Code relating to breaches of security involving personal information. The amended law and the new obligations it...more

“Not so fast, my friend*” — Judge Orders DreamHost Comply with DOJ’s Disruptj20 Search Warrant, with Caveats

by Moore & Van Allen PLLC on

Can the government force the hosting service of an activist website company to turn over vast amounts of user data in order to track down political protesters? According to a federal court ruling, the answer — Yes, but...more

Texas Legislature Passes Student Privacy Act

by Jackson Walker on

House Bill No. 2087, known as the Student Privacy Act, is one of many bills the Texas Legislature passed this year focusing on data privacy and cybersecurity. Our legislators are recognizing that the way we do business and...more

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Cybersecurity

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