Data Privacy

News & Analysis as of

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

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

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

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

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

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

German Corporate Newsletter - March 2017

For companies interested in investing in, purchasing or selling German companies, here are several recent developments related to Data Privacy and Cybersecurity, M&A, Employment and Tax law that are helpful to keep in mind....more

The Impact of Cybersecurity Concerns on M&A Activities is Growing: eDiscovery Trends

This is the second story that I’ve covered in the past several months where cybersecurity concerns impacted merger and acquisitions. See below for more on the first one… After Verizon Communications took a $350...more

Defamation and data protection claims can be brought in parallel

The English Court of Appeal has confirmed in a recent case that data protection claims may be brought hand-in-hand with defamation claims. The case provides a reminder to businesses that the use of data protection as a weapon...more

Connected Cars and Data Privacy: Global Regulatory Challenges

With the EU General Data Protection Regulations (GDPR) coming into effect in 2018, manufacturers and suppliers in the connected cars ecosystem – both within Europe and in other countries who could be handling European data –...more

Scratching the Surface: The FTC’s Phishing Tips for Victim Companies Are a Good First Step but Companies Should Not Stop There

In one type of phishing, fraudsters impersonate your business when contacting consumers. Phishing victims think they’re giving information to your company — by phone or Internet —but instead give personal or financial...more

Data Breach Involving CloudPets “Smart” Toys Raises Internet-of-Things Security Concerns

On February 27, 2017, news reports disclosed a major security breach involving Spiral Toys, the seller of the CloudPets brand of internet-connected stuffed animals. The Bluetooth-connected CloudPets toys allow users to...more

UK Government Publishes Digital Strategy to Create and Support a Secure and Thriving Data Economy

On 1 March 2017, the UK government published its Digital Strategy (“Strategy”) for a “world-leading digital economy that works for everyone.”. The Strategy contains a number of statements that bring some certainty to the...more

Private Equity and the New Trump Administration: Your Top Ten Questions Answered

The election of President Trump contained more than a few positive signs for Private Equity (PE) firms. Promises of a lower corporate tax environment, a ten-percent tax holiday for funds parked overseas, large infrastructure...more

The 2017 Carlton Fields Class Action Survey

The 2017 Carlton Fields Class Action Survey has just been released, and the findings reveal some unexpected trends in class action litigation, based on insights provided by 387 general counsels and chief legal officers at...more

New Survey Says 75 Percent of Respondents Unfamiliar with China’s New Cybersecurity Law: eDiscovery Trends

Are you familiar with it? According to a survey conducted by Consilio and released earlier this week, 75 percent of legal technology professionals responding to the survey indicated that they are not familiar with...more

Court Refuses to Dismiss Biometric Privacy Action over Facial Recognition Technology Used by Google Photos

We’ve closely followed the numerous biometric privacy disputes and legislative developments surrounding the Illinois Biometric Information Privacy Act (BIPA), which precludes the unauthorized collection and storing of some...more

FCC Broadband Privacy Rule On Hold, Likely Dead

The new Federal Communications Commission (FCC) Privacy and Data Security Rule for broadband internet access service (BIAS) providers (Privacy Rule) was set to start phased implementation on March 2, 2017. We have previously...more

FTC’s $2.2m Smart TV Settlement Signals Continued IoT Enforcement Focus

On February 6, 2017, the Federal Trade Commission announced that it had settled charges against VIZIO, Inc., a consumer electronics manufacturer of Internet-connected televisions. The FTC alleged that VIZIO unfairly tracked...more

ABA comments on CFPB’s RFI on consumer access to financial information

The American Bankers Association has submitted a comment letter in response to the CFPB’s request for information regarding consumer access to financial information. The ABA observes that while larger institutions have...more

The Rising Importance of Data Privacy and Security Practices for Healthcare Entities Facing Intensified Challenges

For those in the healthcare industry, the privacy and security of information is vital to operations, but the importance and value of health information also makes the industry a prime target for threats. Studies suggest...more

A Host of Biometric Privacy/Facial Recognition Bills Currently Circulating in State Legislatures

We’ve written extensively about the numerous lawsuits, dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). The statute, generally speaking, prohibits an entity from collecting,...more

The Defend Trade Secrets Act of 2016: A Year Later By The Numbers

It has been almost a year since the Defend Trade Secrets Act of 2016 (DTSA) took effect. Since Forbes Magazine called the DTSA the “Biggest IP Development in Years,” we thought it might be helpful to take a look at how often...more

Geolocation Privacy and Surveillance Act Introduced in US Congress

On February 15, the Geolocation Privacy and Surveillance Act (GPS Act) was introduced by a bipartisan group of US Congress members. Designed to enact comprehensive rules for both government agencies and commercial service...more

Google Required to Hand Over Foreign Stored Emails to Justice Department: eDiscovery Case Law

In the ruling In re Search Warrant No. 16-960-M-01 to Google, Pennsylvania Magistrate Judge Thomas J. Rueter ordered Google to comply with a search warrant to produce foreign-stored emails, disagreeing with the U.S. Court of...more

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Cybersecurity

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