Privacy Concerns

News & Analysis as of

Whopping $1.9 million fine issued for unauthorized drone use

The Federal Aviation Administration (FAA) issued a whopping $1.9 million fine against SkyPan International Inc. (Skypan), an aerial photography company, for carrying out 65 unauthorized drone flights from March 2012 to...more

Judge finds Genesis Healthcare free of any FCRA violations

On October 1, 2015, U.S. District Judge Mark Kearney rules that Genesis Healthcare LLC (Genesis) did not violate the Fair Credit Reporting Act (FCRA) when it employed a third party to conduct a criminal history background...more

US–EU Safe Harbor – Struck Down!

1. CJEU finds Safe Harbor Invalid - In a landmark ruling delivered today, Europe's highest court, the Court of Justice of the European Union (CJEU) declared that the EU Commission's US - EU Safe Harbour regime is...more

CA AG Requires Chief Privacy Officer and Privacy Compliance Program

California’s Attorney General, Kamala Harris, has required Houzz, a home décor information and e-commerce website and mobile app publisher, to hire a chief privacy officer (CPO), conduct a company-wide privacy assessment, and...more

Jeepers, Creepers: The Launch of the New “Peeple” App and Privacy Concerns

It’s 12:43 in the morning, and you have had a tough day at work. You are tired, thinking slowly, and feeling a little anxious that you should already be in bed to catch some rest before a 6 a.m. wake-up call. And then you get...more

Weekly Privacy Tip #3 – Know how apps are accessing and using your constant location

Everyone loves their smartphone. Everyone loves the newest app. Angry Birds has lots of company now. But most people don’t know the back end of apps and how they are accessing, using and selling your data. Why? Because no one...more

IRS Proposes Rules for Donee Charitable Donation Reporting

On September 16, 2015, the IRS issued proposed regulations concerning the time and manner for donee organizations to file information returns that report required information about charitable contributions. The proposed...more

Recent Seventh Circuit Data Breach Ruling Could be Big Win for Plaintiffs and Big Headache for Retailers

For lawyers who frequently litigate class action lawsuits, whether or not the named plaintiffs have standing to bring a claim is one of the first issues that is analyzed and considered. Plaintiffs’ lawyers often look for...more

Schrems v. Irish Data Protection Commissioner: some further thoughts

As the dust begins to settle after the headline-grabbing Advocate General opinion in the Schrems v. Irish Data Protection Commissioner it may be worth considering some of the other potential implications arising from that...more

It’s About Time! 10 Key (Needed) Changes Proposed to the Human Subjects Protection “Common Rule”

The world has changed drastically since 1991 when Operation Desert Storm was underway; the USSR crumbled; Prince Charles and Princess Diana separated; the World Wide Web was born; gas cost $1.14; and the Dow peaked at 3168....more

Wearable Technology: Rewards and Risks

Wearables will soon be everywhere. They’ll be on our wrists, around our waists, arms, and fingers, in our shoes, and embedded in our uniforms. Wearable technology promises great things for employers, but like all technology...more

Virtual Currencies - Mining the Possibilities

There are two distinct narratives surrounding virtual currencies. One picks up on countercultural elements – an extreme free market environment beloved by anarchists and criminals. The other describes a technology as...more

Drone users to lawmakers: ‘Should I stay or should I go?’

California Governor Jerry Brown has just vetoed drone legislation passed by the California legislature that relates to a matter of significant interest to the real estate sector: Flight-level restrictions....more

Cybersecurity: How Much is Enough?

The year 2015 may go down in history as the year of the hacker. Though not a new phenomenon, high profile hack-related stories have managed to capture headlines almost every month of 2015. On the eve of the New Year, the...more

Data Breach Response Planning: Laying the Right Foundation

Part of Bradley Arant’s Privacy and Information Security Team’s seven-part Data Breach Toolkit Webinar Series, the “Data Breach Response Planning: Laying the Right Foundation” webinar, led by Paige Boshell and Amy Leopard,...more

Jury Clears UCLA Health in Lawsuit Stemming From Improper Access to PHI by Plaintiff’s Romantic Rival

A UCLA employee and patient now has celebrity-level security on her protected health information (PHI) as maintained by the UCLA Health system, but a jury denied her the $1.25 million in emotional distress damages she sought...more

Crafting a more realistic business associate agreement

According to a recent survey by KPMG, eighty percent (80%) of health care executives report that their information technology systems have been compromised by cyber attacks. Most healthcare institutions, the survey found,...more

The Future Is Now! Drones Are Coming to Public Schools… But Are We Ready?

During a recent meeting with a school district client they casually mentioned they were using a "drone." Surprised, I asked “Why… to mercilessly bomb al-Qaida strongholds with Graham crackers?" Ignoring my attempt at humor,...more

New French Act on Intelligence Services: Impacts on Technical Operators

The newly enacted French legislation on intelligence services ("Loi relative au renseignement") has been almost entirely approved by the French Constitutional Court and shall fully enter into force by December 2015, at the...more

Clinically Integrated Networks: Privacy and Security Concerns with Sharing Data

The Centers for Medicare & Medicaid Services (CMS) is changing reimbursement methodologies for healthcare providers from a fee-for-service model to a value-based model. Healthcare providers are responding to the changing...more

Leveling the Playing Field: Mobile Location Analytics

As brick-and-mortar retailers face increasing challenges to compete with their online counterparts, a new tool is helping to level the playing field: mobile location analytics. Traditionally, online retailers have had an...more

Does Facebook’s collection of photos violate privacy laws?

An Illinois man recently filed a proposed federal class action alleging that Facebook violates state law protecting the privacy of biometric data through its alleged collection of facial recognition data from over a billion...more

Global Privacy Sweep Finds Privacy Issues in Children’s Apps

Last week, the Global Privacy Enforcement Network (GPEN) released the results from their third annual Privacy Sweep. Twenty-nine privacy enforcement authorities spread across 21 countries reviewed 1,494 websites and mobile...more

California Senate Sends Bill To Governor Restricting Use Of Drones On Private Property

The California Senate has sent a bill to Governor Brown that, if signed, would create trespass liability for those flying unmanned aircraft systems (“UAS”), more commonly known as drones, lower than 350 feet above private...more

Federal Reserve Bank of Cleveland Reports on Online Small Business Lending Focus Groups

The Federal Reserve Bank of Cleveland recently issued a special report on the results of online focus groups it conducted with the Federal Reserve Board “to better understand small businesses’ perceptions of online...more

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