Data Protection

News & Analysis as of

De Minimis Rule is Back in the Context of Class Actions

De minimis non curat praetor — this ancient legal maxim suggests that judges should not have to hear trivial cases. The maxim seems to have lost most of its significance in the context of class actions. In several instances,...more

What Can We Expect From The EU General Data Protection Regulation?

After over three years of discussions at many levels, it is now clear that the proposed EU data protection framework will be revised, and that it will be in the form of a Regulation – the General Data Protection Regulation....more

FTC Case Against LabMD Dismissed Due to Lack of Harm

This past Friday the 13th was not a lucky day for the Federal Trade Commission (FTC). An Administrative Law Judge (ALJ) dismissed the FTC’s data security enforcement proceeding against LabMD on the grounds that the FTC failed...more

How to prevent data theft from lost devices

Technology can be a blessing and a curse for attorneys. While technology enables attorneys to be able to conduct business on the go, it also puts client and firm data at risk. In the United States, someone loses a cellphone...more

Illinois Insurance Department Proposes Amendment to Cumbersome Records Retention and Destruction Requirements

The Illinois Department of Insurance (“ IL DOI”) has proposed an amendment to Illinois’ insurer record retention requirements, which would significantly reduce reporting, book-keeping and retention obligations. The current...more

Opt-in System Introduced in Turkey for Commercial Electronic Communications in E commerce Law

Turkey’s solid and rapidly expanding e-commerce market volume reached 18.9 billion Turkish Liras as of the end of 2014. The Turkish e-commerce sector accounts for 1.6% of the country’s overall retail sector. Even though this...more

The Land of the Rising Sun—and Rising Data Protection Requirements

Between January 2016 and September 2017, a series of amendments to Japan’s Act on the Protection of Personal Information (APPI) will go into effect. The amendments, which were promulgated in September 2015, are the first...more

The 37th International Conference of Data Protection & Privacy Commissioners – Some Observations

The annual conference of the world’s data protection regulators is a three day exercise, with half of the conference being “closed door” for the regulators only, and the other half being a series of side meetings and...more

FCC Settles with Company Over Alleged Data Protection Failures

On November 5, the FCC resolved its first ever data security action against a cable company with a $595,000 settlement. According to the FCC, the company did not have adequate data security measures in place for employees and...more

Privacy Law, Cross-Border Data Flows, and the Trans-Pacific Partnership Agreement: What Counsel Need to Know

Privacy law has become such a hot-button issue that it now finds its way into multilateral trade treaties like the Trans-Pacific Partnership Agreement (TPP or Agreement). On November 5, 2015, the U.S. Trade Representative...more

EU Data Protection Ethics Advisory Board to be Established because “adherence to the law is not enough”, says EDPS

Giovanni Buttarelli, the European Data Protection Supervisor (“EDPS”), has announced plans to set up a new European Ethics Advisory Board to address the technological challenges of the 21st century in a world where there are...more

FCC Issues First Privacy Enforcement Action Against Cable Operator

In the third privacy-related enforcement action of the year, the FCC Enforcement Bureau entered into a $595,000 settlement with Cox Communications to resolve an investigation into the company’s loss of customer personal data....more

Employment Law Update - November 2015

Coming Changes to Overtime Exemptions Rules Will Have Serious Impact on Employers - The Fair Labor Standards Act ("FLSA") requires that employees be paid minimum wage and overtime pay at a rate of not less than one and...more

German Data Protection Authorities Issue Position Paper In Light of Schrems EU Court Decision

Recently, German data protection authorities issued a position paper to address potential consequences of the Court of Justice of the European Union’s (CJEU) Schrems ruling on the handling of personal data. The first section...more

NAIC Cybersecurity Task Force Adopts Cybersecurity Bill of Rights

On October 14, 2015, the National Association of Insurance Commissioners’ (NAIC) Cybersecurity Task Force adopted the Cybersecurity Bill of Rights, a document meant to inform consumers of the services they can expect from...more

Agreement “In Principle” On New US-EU Safe Harbor Pact

The European Union announced on October 26, 2015, that it had reached an agreement “in principle” with the United States on a new transatlantic data-sharing pact—though a final agreement between the parties is likely still...more

"Intellectual Property and Technology News (Asia Pacific) - November 2015

Welcome to the latest Asia Pacific Edition of Intellectual Property and Technology News, our biannual publication designed to report on worldwide developments in intellectual property and technology law, offering perspective,...more

Advanced Cyber Security Center Panel Explores Reasonableness in Cybersecurity

I had the pleasure of moderating an excellent panel at the Advanced Cyber Security Center’s annual conference on November 4. The panel’s topic for discussion was “What is Reasonable in Cybersecurity: Responsibility and...more

Recent Government Cyber Alert and Draft Guide for Financial Institutions: Lessons for All Organizations

All organizations, including financial institutions, continue to face significant security threats across their wide ranging IT systems. Such organizations are particularly vulnerable if they cannot track networked devices...more

San Francisco Launches First “Internet of Things” Wireless Network in United States

With the onslaught of smart watches, smart thermostats, and even smart refrigerators that allow you to Tweet hungry messages to your followers, it’s only natural that a “smart city” would follow. This week, San...more

NAIC Adopts Cybersecurity Bill of Rights

The National Association of Insurance Commissioners (“NAIC”) continued its efforts to advance cybersecurity in the insurance industry when it recently adopted the Cybersecurity Bill of Rights. The Cybersecurity Bill of Rights...more

Three Trending Topics in IoT: Privacy, Security, and Fog Computing

Cisco has estimated that there will be 50 billion Internet of Things (IoT) devices connected to the Internet by the year 2020. IoT has been a buzzword over the past couple of years. However, the buzz surrounding IoT in the...more

Privacy & Cybersecurity Update - October 2015

In this edition of our Privacy & Cybersecurity Update, we discuss what companies need to know in the wake of the EU Court of Justice's rejection of the U.S.-EU Safe Harbor framework and take a look at the following important...more

Data Breach Planning in 10 Easy Steps: How to Think Like A Litigator

For the first Tuesday in November, we have 10 easy steps to make sure that your data breach incident response planning is viewed from that pesky point of view of a litigator....more

Illinois finds itself at forefront of facial-recognition litigation

Illinois is leading the way in regulating facial-recognition technology — it is one of only two states (the other Texas) that has passed laws covering the collection and use of biometric information. Illinois also is...more

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