Invasion of Privacy

News & Analysis as of

Spokeo Should Not Fall on Deaf Ears in Privacy Class Actions

On the May morning that the Supreme Court handed down its ruling in Spokeo, Inc. v. Robins, I was among those who read the case as a bellwether. The Spokeo appeal addressed a long-festering issue about whether Congress may...more

PAC FOIA Opinions Address “Unduly Burdensome” factor, Personal Privacy Exemption and Public Records

In three separate opinions rendered in November, the Public Access Counselor (PAC) of the Illinois Attorney General provided guidance regarding the Freedom of Information Act (FOIA) on the definition of “unduly burdensome,”...more

Gym members shocked as Fitness First installs CCTV cameras in changing rooms

DUBAI // The operator of a gymnasium chain has installed security cameras in changing areas, sparking anger from members and warnings that it could be breaking the law. Customers of Fitness First Middle East’s gym...more

Lessons from the Wells Fargo Scandal

Financial institutions must meet standards for safeguarding customer data given the particularly sensitive information they hold, and regulators have been stepping up their efforts to provide guidance on just how they must do...more

California Court Finds That Violations of Privacy Law Constitute “Concrete Injury”

On October 24, 2016, the United States District Court for the Southern District of California refused to dismiss claims brought by two former inmates and their counsel regarding violations of a California privacy law. The...more

Illinois District Court Denies Motion to Certify TCPA Class Action

In the consolidated cases Espejo v. Santander Consumer USA Inc., No. 11 C 8987, 2016 WL 6037625 (N.D. Ill. Oct. 14, 2016) and Levins v. Santander Consumer USA Inc., No. 12 C 9431, 2016 WL 6037 (N.D. Ill. Oct. 14, 2016), the...more

Sixth Circuit: Substantial Risk of Harm and Mitigation Costs Sufficient to Confer Standing in Data Breach Case

On October 12, 2016, the U.S. Court of Appeals for the Sixth Circuit denied a petition for an en banc rehearing of its September 12 decision in Galaria, et al. v. Nationwide Mutual Insurance Company (Nos. 15-3386/3387). In...more

Update on Data Breach and Data Privacy Class Actions Post-Spokeo

In May, the U.S. Supreme Court issued its opinion in Spokeo v. Robins, providing guidance on the “injury-in-fact” aspect of the constitutional standing requirement for putative class action plaintiffs. 136 S. Ct. 1540...more

Alleged Wiretap Act and CIPA Violations Held to Satisfy Spokeo Test for Standing in Latest Gmail Privacy Class Action

In the wake of the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), lower courts have begun to address whether alleged violations of statutes intended to protect privacy suffice, in the absence of...more

Sleep with an Eye Open: The New Age of Hotel Privacy Intrusion

A hotel is a personal place, even if you share it with thousands of other people. The very obscurity in a crowd can make you feel anonymous, and the private living space allows for the most private of conversations and...more

Drone Laws and Privacy in Canada

‘Drones’ were first known by the military as unmanned aerial vehicles, and later by the International Civil Aviation Organization as remotely piloted aircraft systems. Drones come in various shapes and sizes and can be...more

Defence & Indemnity - August 2016: II. LIABILITY ISSUES #4

D. Canadian court recognizes new tort of public disclosure of embarrassing private facts and awards damages totaling $100,000 and issues an injunction against the Defendant. Jane Doe 464533 v. D.(N.), 2016 ONSC 541, per...more

California Federal Court Dismisses TCPA Claims for Lack of Article III Standing

A plaintiff did not have Article III standing to assert claims under the Telephone Consumer Protection Act (TCPA) for alleged autodialed calls made to her without her consent, a California federal district court recently...more

"Privacy & Cybersecurity Update - August 2016"

In this edition of our Privacy & Cybersecurity Update, we highlight guidance issued by the Irish data protection authority regarding the use of location data, as well as the FTC's request for comment on its Standards for...more

Court Declines to Dismiss Jason Pierre-Paul’s Suit Against ESPN and Adam Schefter

The lawsuit filed by New York Giants defensive end Jason Pierre-Paul against ESPN and ESPN reporter Adam Schefter for invasion of privacy has survived its first challenge from ESPN. ESPN filed a motion to dismiss...more

MCLE Self Study Article: Property Rights to the Periphery of the Universe or Only to the Rooftop?: The Effects of Drones on...

Imagine a peaceful summer afternoon at home with your family. You’re inside preparing food for a barbeque while the rest of your family sunbathes and plays by the backyard pool. Suddenly, your teenage daughter runs into the...more

The Potentially Dangerous Intersection of Healthcare and Social Media

Lately, there have been numerous reports in the media raising patient privacy concerns due to healthcare providers’ use of social media in the workplace. A few examples include...more

Illinois AG Rules That Public Employees' Personal Emails Are Public Records - Messages Pertaining to Public Business in Personal...

Illinois Attorney General Lisa Madigan has issued a binding opinion under the state's Freedom of Information Act (FOIA) that email messages sent or received through public employees' personal email accounts may be public...more

Top Privacy Cases of 2016: Midyear Report

Law360, New York (July 1, 2016, 12:12 PM ET) -- The U.S. Supreme Court made a big splash this year establishing a murky threshold for standing that has already been widely cited by both sides of the bar, while consumers...more

New, Relaxed Regulations Make Drone Use on Construction Projects Easier

The Federal Aviation Administration (FAA) recently introduced relaxed regulations concerning the use of drones for commercial purposes. The new regulations could have a significant impact on drone usage in the construction...more

Res Judicata: California Mandamus Claims Are Not Fundamentally Distinct From Federal Counterparts Under California’s Primary...

The age-old doctrine of res judicata is as strong as ever in California. In Franceschi v. Franchise Tax Board, et al. (B267719, filed July 8, 2016) the California Court of Appeal Second District, held that Ernest Franceschi’s...more

Do you have privacy rights on social media?

True or False: Your privacy rights are diminished in social media. Most people would probably say this is true, and there are certainly court decisions asserting that people give up privacy interests once they post otherwise...more

District Court Holds Professional Plaintiff Lacks Article III Standing to Bring TCPA Action Under Supreme Court’s Spokeo, Inc. v....

Following the Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), it is clear that “Article III standing requires a concrete injury even in the context of a statutory violation,” such that a...more

Federal Court Finds Intangible Harm Caused by Robocalls Sufficient for Post-Spokeo Standing in TCPA Claim Alleging Privacy...

In an instructive opinion on how intangible harms can cause injuries sufficient to confer standing on plaintiffs—and a rare example of the U.S. Supreme Court’s latest ruling on standing aiding plaintiffs—a West Virginia...more

Unwanted Phone Calls Cause Concrete Harm Under TCPA

On June 30, 2016, the United States District Court for the Northern District of West Virginia issued an order in a putative class action brought under the Telephone Consumer Protection Act (“TCPA”), denying a motion to...more

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