Privacy Concerns

News & Analysis as of

Are kids’ connected toys secure enough?

If the Hello Barbie complaints weren’t enough, now it has been announced that researchers determined that the kids’ toys, the Fisher-Price Smart Toy Bear and the hereO GPS watch, had some serious security vulnerabilities. ...more

Consumer Outlooks on Privacy

Privacy is a social norm, sometimes captured in laws and regulations, which sets limits on the collection, protection, processing, and deletion of personal information. As has become increasingly clear in recent years,...more

The biggest surveillance and national security event of the year: Super Bowl 50

While you are dipping chips and pulling apart BBQ wings, over 60 federal, state and local law enforcement agencies will be combining their efforts to survey the nearly one million people who will travel to the San Francisco...more

Backdoors to encryption protocols vs. cybersecurity: weighing priorities in the U.S. and abroad

With the revelations that the Paris and San Bernardino attackers used encrypted communications to recruit, communicate and plan their attacks, the U.S. government is again pushing the tech industry to provide it backdoor...more

International Employment Law Update: Private Emails on Professional Tools are no Longer Private

In a landmark decision on January 12, 2016, the CEDH (European Court of Human Rights), ruled that employers have the right to read their employees private emails sent during working hours, on condition that this surveillance...more

Centene announces search for missing hard drives containing PHI of 950,000 individuals

Centene Corporation, a health insurer headquartered in St. Louis, announced on January 25, in a press release that it is undertaking an, “ongoing comprehensive internal search for six hard drives that are unaccounted for in...more

Is point-of-sale drone registration next? Retailers say no way

In the first 30-days of drone registration, nearly 300,000 owners have registered their drones. The Federal Aviation Administration’s (FAA) small drone user registration has sparked much debate, and now, the FAA is...more

FTC warns, connected baby monitors are more susceptible to hackers

At the PrivacyCon event held by the Federal Trade Commission (FTC) last week in Washington, D.C., the FTC warned that several brands of baby monitors lack basic security features like complex passwords and data encryption,...more

FDA issues guidance on cybersecurity risk management for medical devices

Friday (January 22, 2016), the Food and Drug Administration (FDA) published draft guidance for medical device makers on the importance of including cybersecurity measures in approved products. Further, the guidance highlights...more

Not So Fast, Not So Much – Data Protection for Cell Tower Traffic Data

In the context of criminal investigations police in Canada may obtain “tower dump” production orders. These are orders requiring the applicable cellular telecommunications providers to disclose all records of cellular traffic...more

CFPB engaged in process to allow public input on privacy questions under new HMDA rule

On January 11, Elena Babinecz, a CFPB attorney, spoke as part of a panel relating to the revised HMDA rule at the Winter Meeting of the Consumer Financial Services Committee of the Business Law Section of the American Bar...more

Shutterfly biometrics case proceeds in Illinois

In what is being described as the first case in the U.S. regarding a state biometric privacy statute, a proposed class was successful in thwarting a motion to dismiss by Shutterfly last week over its alleged practice of...more

Headed Toward a Short Circuit? Robots, Special Education Students, and Legal Risks

When I was a kid, I loved the movie Short Circuit. (I know: I’m both dating myself and making you question my taste in movies). I always wondered if the day would come when I would have my own walking, talking robot friend...more

Privacy Tip #18 – Beware of phishing expeditions

So I have been in the data privacy and security world for the past 16 years, and I am still amazed at how savvy hacksters are, and how vulnerable we are to their antics. And…how much havoc they can wreak personally and to our...more

Hello Barbie may not be as smart as we thought

We wrote previously about the “Hell No Barbie Campaign” and the recent lawsuit against Mattel for its Hello Barbie doll privacy violations, but through all this hype, we have yet to learn exactly what Hello Barbie is truly...more

Swarming Regulation of Personal Data in the US Tech Sector

Sectoral regulation of privacy and information security in the United States has created a complex system for tech innovation, because new products and services transcend the traditional sectoral boundaries and because...more

Legal Trends: Cybersecurity

New privacy torts have recently emerged in certain Canadian jurisdictions, including intrusion upon seclusion and publicity given to private life. Intrusion upon seclusion allows a plaintiff to sue if (1) a person has...more

Avoiding Legal Issues with Cloud-Based Technology

It is 2016 and many businesses are making the switch to the cloud. Typically businesses use cloud-based service providers to store and access large amounts of proprietary data. Using cloud-based services offers many benefits,...more

Password authentications should become more obsolete

The username/password method of authentication is dying, albeit slower than many of us would like. In 2016, we should see a continued trend of replacing password authentication as the primary method for navigating through...more

EIOPA reports on consumer trends

EIOPA has published its fourth consumer trends report, analysing the occupational and personal pensions sectors for the first time as well as the insurance sector. EIOPA identified the following new and emerging trends in the...more

Center for Democracy and Technology proposes drone privacy best practices

The Center for Democracy and Technology (CDT) issued a set of best practices for private drone users, both in the commercial and non-commercial arenas. The CDT hopes to help individuals use drones safely while also...more

Privacy Tip #15 – Protecting your privacy during holiday travel

The holiday season means traveling to see family and friends, and is a wonderful time of year. That travel includes planes, trains and automobiles. Although that movie was hilarious, travel can be hazardous to the protection...more

Disregard CISA Chicken Littles: CISA Boosts U.S. Cyber Defense While Protecting Privacy

Yes: the Cyber Information Sharing Act of 2015 (CISA) was slipped into the must-pass Omnibus Spending Bill last week by House negotiators and became law on Friday. No: despite protestations from some quarters, the sky has not...more

Navigating Privacy 'Must Haves' and 'Should Haves' in the Mobile App Environment

On November 30, WilmerHale addressed key privacy issues in the mobile app environment as part of the firm's Cybersecurity, Privacy and Communications Practice Webinar Series. We discussed how to navigate the quickly...more

WEBINAR: Cloud Computing & Health Care Organizations - Critical Privacy & Security Issues

More and more organizations are turning to the cloud because of how flexible and low-cost it is. As a result, many health care organizations are now using cloud-based servers to store patient information and are discovering...more

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