News & Analysis as of

Data Retention

Special Education Tip – Data Data Data – 41-2017

by Pessin Katz Law, P.A. on

Education is data driven. No area is more data driven than special education. Principals, Assistant Principals, and Supervisors: Make sure you are doing the following...more

Internet Privacy – What the U.S. Can Learn from the European Union

by Pierce Atwood LLP on

With respect to Internet privacy, as a result of recent U.S. government action, Americans now have less protection and are more at risk of government surveillance and potential misuse of their personal information, as...more

Defining the boundaries: Retention of medical records

by Hogan Lovells on

Medical records are of vital importance both in the medical and legal spheres in South Africa. These records contain all vital information pertaining to a patient, their condition, diagnosis and treatment, either in or out of...more

The ECJ Rules on the Compatibility with EU Law of Domestic Data Retention Requirements Imposed on Providers of Electronic...

by K&L Gates LLP on

After its invalidation of the data retention requirements imposed by Directive 2006/24/EC in its Digital Rights Ireland decision dated 8 April 2014, the ECJ was requested to assess the compatibility with the Directive...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

Biometric Privacy Claims over Facial Recognition Feature in Videogame Dismissed for Lack of Concrete Harm

For the second time in the past six months, a district court has dismissed a lawsuit alleging procedural and technical violations of the Illinois biometric privacy statute for lack of Article III standing. In Vigil v....more

Happy Data Privacy Day! A Few Tips from the MVA Privacy and Data Security Group

by Moore & Van Allen PLLC on

Saturday January 28, 2017 is Data Privacy Day. The Moore & Van Allen Privacy and Data Security group took a break from the pre-holiday revelries to put together some thoughts and tips for DataPoints. So hoist a glass and...more

Seventh Circuit Sheds Light on Spokeo; Affirms Dismissal of Class Action for Lack of Standing

by Benesch on

When Derek Gubala subscribed to Time Warner Cable in 2004, he gave it his birth date, home address, home and work phone numbers, social security number, and credit card information. Gubala canceled his subscription in...more

Document Retention Periods: A How-To Guide

by Bryan Cave on

Data minimization can be a powerful – and seemingly simple – data security measure. The term refers to retaining the least amount of personal information necessary in order for an organization to function....more

CFTC Proposes Greater Flexibility for Electronic Record-Keepers

by WilmerHale on

In a move that affects everyone required under its rules to maintain records, the Commodity Futures Trading Commission's (“CFTC” or “Commission”) is proposing to permit greater flexibility in the technology used for...more

Investigatory Powers Act 2016: How to Prepare For A Digital Age

by K&L Gates LLP on

The Investigatory Powers Act 2016 (the “Act”) received Royal Assent on 29 November 2016. It comes into force in part in January 2017. Its main provisions include granting powers to ministers to issue warrants for intrusive...more

EU Court Strikes Down Security Legislation Over Privacy Concerns

by Dorsey & Whitney LLP on

In a decision published on 21 December 2016, the Court of Justice of the European Union (“ECJ”) invalidated legislation in two EU member states – the UK and Sweden – requiring telecommunication operators to retain users’...more

When Employees Leave With Your Secrets

Recently I shared the podium with an FBI agent who was asked what frustrated him the most when trying to help businesses with trade secret theft. His answer was a surprise: they fire the guy too fast! He explained that when...more

Reasonable Steps to Preserve Evidence Yield More Than Selective Preservation

by Zapproved Inc. on

Sec. Alarm Fin. Enters., L.P. v. Alarm Protection Tech., LLC, No. 3:13-cv-00102-SLG, 2016 WL 7115911 (D. Alaska Dec. 6, 2016). Limited sanctions were appropriate under Federal Rule of Civil Procedure 37(e)(1) where a...more

Breaking News: FCC Moves Forward on Eliminating the Need to Maintain a Local Public File

by Pillsbury - CommLawCenter on

Last May, Jessica Nyman and I wrote about the potential impact of an FCC Notice of Proposed Rulemaking proposing to eliminate the requirement that stations keep “Letters and Emails from the Public” in their Public Inspection...more

New York State Department of Financial Services Modifies Proposed Cybersecurity Regulations and Pushes Implementation Date Back to...

On Dec. 28, 2016, the New York State Department of Financial Services (NYDFS) published a revised version of its “Cybersecurity Requirements for Financial Services Companies” (the “Regulations”). The revised Regulations...more

EU court strikes down security legislation over privacy concerns

by Dorsey & Whitney LLP on

A recent decision of the Court of Justice of the European Union (“ECJ”) imposes restrictions on the use by member states’ law enforcement and national security agencies of telecommunication traffic and location records as...more

Investigatory Powers Act 2016 cast into doubt by new EU ruling

by White & Case LLP on

The Court of Justice of the European Union (the "CJEU") has ruled that EU Member States cannot pass laws that require communications service providers to carry out general and indiscriminate retention of communications data...more

In Case You Missed It: Launch Links - December, 2016 #3

by WilmerHale on

Some interesting links we found across the web this week: 'Regtech' startups see more business in Trump era - Startups are beginning to react to the looming possibility of deregulation under the incoming...more

CJEU holds that mass surveillance must not be general and indiscriminate

The CJEU (the European Union Court of Justice) has handed down a decision which makes clear that general and indiscriminate retention of electronic communications is unlawful. National legislation of each European Member...more

The CJEU Gives the UK Government Another Brexit Dilemma

by Hogan Lovells on

In yet another key case dealing with the balance between citizens’ privacy and the ability of the state to intrude into it, the Court of Justice of the European Union (CJEU) has ruled on the compatibility with European Union...more

The Court of Justice of the European Union Limits the Scope of National Data Retention Laws

by WilmerHale on

On December 21, 2016, the Grand Chamber of the Court of Justice of the European Union handed down another important judgment regarding data privacy in the European Union. The court held that under the Charter on Fundamental...more

European DPAs Issue First GDPR Guidance

On Friday, the Article 29 Working Party issued official guidance relating to the General Data Protection Regulation, or GDPR. The Article 29 Working Party is comprised of representatives of the various EU Member States’ data...more

Investigatory Powers Act 2016 becomes law

by White & Case LLP on

The UK Investigatory Powers Bill has received royal assent and passed into law as the Investigatory Powers Act 2016. The Act will have a significant and far reaching impact on data, technology and communications businesses,...more

Box, OneDrive, a Combination—What’s Your Flavor?

The cloud-based file-sharing and collaboration business continues to grow, inspiring competition between two heavy weights: Microsoft and Box. Last week, Box announced over $100 million in third quarter revenue growth...more

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Cybersecurity

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