Law Enforcement

News & Analysis as of

Fraternal Order of Police data breach

The nation’s largest police union recently suffered a data breach enabling hackers to steal hundreds of private internal documents including bargaining contracts, the names and addresses of several police officers, and...more

Tying it all together: Safe Harbor and Security-Related Data Flows

One of the fascinating aspects of the privacy-related negotiations between the EU and the US over the past couple of years has been the EU’s efforts to decouple trade (e.g, TTIP) and security-related negotiations from the...more

Spies, Hacking & Civil Liberties in the UK

In late 2015, Theresa May, the UK Home Secretary introduced the Investigatory Powers Bill (the “Bill”). Mrs May stated that the Bill was introduced to ensure that surveillance laws are “modern, fit for purpose and can...more

UK and EU Law Enforcement Investigatory and Data Sharing Powers: Developments and International Impact

Proposed UK legislation governing UK law enforcement investigatory powers (together with differences in approach by the UK and rest of Europe to law enforcement access to personal data) will have a deep and far reaching...more

U.S. Department of Justice Suspends Asset Forfeiture Sharing Program

Christmas came early to state, local and tribal law enforcement agencies in the United States; and it came in the form of a lump of coal. On December 21, 2015, Kendall Day, Chief of the U.S. Justice Department’s Asset...more

New California Law Enforcement Reporting Requirements for Officer-Involved Shootings and Use of Force

Attorney General Hopes Data Will Promote Transparency - California law enforcement agencies were given direction this week outlining new responsibilities under state law to report incidents involving shootings or any use...more

Back-Door Access to Encrypted Communications: Weakening Security to Improve Security?

Last month’s terror attacks in Paris have re-ignited the long-standing debate between national security and privacy advocates over whether technology companies should be required to provide the government special access to...more

EEOC Chair Jenny R. Yang Delivers Remarks at the Announcement to Advance Diversity in Law Enforcement

Department of Justice, Washington, D.C.-Friday, December 11, 2015 - Remarks as Prepared for Delivery - Introduction - Many thanks to the Department of Justice for hosting this discussion. Thank you, Vanita...more

EEOC Commissioner Charlotte A. Burrows Delivers Remarks at the Announcement to Advance Diversity in Law Enforcement

Department of Justice, Washington, D.C.-Friday, December 11, 2015 - Remarks as Prepared for Delivery - Good morning. I'm Charlotte Burrows, a Commissioner with the Equal Employment Opportunity Commission, or EEOC....more

Qualified Immunity and Deadly Car Chases: Is the Pendulum Heading the Other Way?

The past several years have seen a slew of high-profile excessive force cases against law enforcement officers, often highlighted by cell phone video. These cases have placed increasing pressure on local police departments,...more

Digital Information – Now Protected More Than Ever

In the event that you missed it, on October 8th, 2015, California Governor, Jerry Brown, signed into law the California “Electronic Communications Privacy Act” (CalECPA) which requires any California state law enforcement...more

CBP Studies Use of Body-Worn Cameras in Certain Circumstances

U.S. Customs and Border Protection (“CBP”) is expanding its camera review, including the possibility of integrating new body-worn camera testing into law enforcement operations such as checkpoints, vessel boarding and...more

California Updates Privacy Rights with the Electronic Communications Privacy Act

Starting on New Years Day 2016, a new law will prohibit California law enforcement agencies from compelling California residents and businesses to turn over metadata or electronic communications (e.g., texts, emails,...more

California Enacts Electronic Communication Privacy Statute, Connected Television Privacy Statute

The California legislature recently enacted the California Electronic Communications Privacy Act (“CalECPA”) (Senate Bill 178), which provides greater protections against governmental searches for persons’ electronic...more

High Court Grants Broader Immunity to Police Using Deadly Force in Chases

Officers are immune from liability in lawsuits alleging use of deadly force against fleeing suspects unless it is “beyond debate” that a shooting was unjustified and clearly unreasonable, the U.S. Supreme Court has ruled. The...more

Truth or Consequences: Does the Senate’s Information Sharing Bill Really Help Business?

Reacting to the influx of recent, high-profile data breaches and cybersecurity attacks in the government and the private sector, the U.S. Senate earlier this week passed the controversial Cybersecurity Information Security...more

California Highway Patrol seeks to eliminate identity theft in vehicle purchases with proposed new thumbprint requirement

Every year, millions of dollars are lost by finance companies and dealerships due to fraud and identity theft related crimes. Even worse, due to the lack of accurate personal information on an identity theft suspect,...more

CAS Legal Mailbag Question of the Week - 10/30/2015

Dear Legal Mailbag: Technology is great. My school received a big school safety grant, and we bought a bunch of security cameras. In fact, I think that we record every step my students take in the building other than in...more

New whistleblower Legislation Now in Effect in Yukon

The Act protects whistleblowers from reprisal and establishes a system to deal with allegations of reprisal by the employer. Any employee who has been the subject of reprisal can report the matter to the Public Interest...more

Cal. App. Court Finds in Favor of Whistleblower Who Never Complained of Unlawful Conduct by the Employer

In Cardenas v. M. Fanaian, D.D.S., Inc., Case No. F069305 (Cal. App. 5 Dist.), a California Court of Appeal determined that Plaintiff Cardenas could pursue a California Labor Code Section 1102.5 retaliation claim against her...more

Focus on China - October 2015

Welcome to the third issue of Focus on China Compliance for 2015. According to the FCPA Blog’s October 2015 Corporate Investigations List, China leads the countries reported to be involved in FCPA investigations with 29...more

Judicial Redress Act Passes House; May Aid New U.S.-E.U. Safe Harbor

On October 20, the U.S. House of Representatives passed the Judicial Redress Act (the “Act”) to allow European Union residents to challenge certain privacy violations by the U.S. government in U.S. courts. If passed by the...more

European Union and United States Agree in Principle on New Safe Harbor Framework

On Monday, October 26, European Union Justice Commissioner Vera Jourová delivered a speech before the European Parliament in which she noted that the European Union and the United States had agreed “in principle” on a new...more

FCC May Ease the Way for Foreign Investment in Telecommunications Industry

The FCC seeks public input on how it can change the rules that limit direct and indirect foreign ownership in media and telecommunications companies to reduce barriers to foreign sources of capital without compromising...more

Principal Deputy Assistant Attorney General Mizer Sheds Additional Light on Individual Accountability and the Yates Memo

On October 22, 2015, the U.S. Department of Justice Principal Deputy Assistant Attorney General Benjamin C. Mizer, who oversees DOJ’s Civil Division, spoke at the 16th Pharmaceutical Compliance Congress and Best Practices...more

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