Privacy Concerns

News & Analysis as of

March Fadness: Wearable Tech in the Workplace

Wearable technology continues to do a full court press on the marketplace and in the process, the step counters of the world and health apps tied to devices capable of tracking real-time biostatistics, are revolutionizing the...more

Something in Common with a Secret Service Agent: eDiscovery Trends

I have something in common with a Secret Service agent. We both have had a laptop stolen out of a vehicle. In the case of the Secret Service agent, as reported by CBS New York (and covered by Ride the Lightning), an...more

Knowing Where You Are, When You Are: Creepy or competitive? The privacy and security issues involved with geo-location tracking

Smartphones, smartphone apps, websites, and other connected devices (e.g., “wearables”) increasingly request that consumers provide their geo-location information. Geo-location information can refer to general information...more

Searches of Devices at the U.S. Border

Seyfarth Synopsis: Although longstanding policy of U.S. Customs and Border Protection authorizes searches of electronic devices in the possession of travelers arriving in the United States, recent reports of such searches...more

Marijuana and Privacy: A Primer

Legal marijuana is America’s fastest-growing industry. According to ArcView Market Research, cannabis revenue is expected to exceed $22 billion by 2020—nearly double that of the NFL. This past year, Colorado saw its sales...more

Could Wellness Programs Be Making Your Company “Sick?” The Potential Perils of Collecting Biometric Data About Employees

Wearable devices that track and record personal biometric data are hardly new to the technology scene. In addition to the now-commonplace electronic pedometers and heart rate monitors, there are portable and wearable devices...more

Who Needs to Know?

Personnel issues generate great stories. The work that HR professionals, in-house counsel, and employment lawyers do is full of human drama and often very interesting. It’s natural for people to want to know what’s behind...more

The Future Is Now: Robots And Artificial Intelligence In The Workplace

While it may be some time before we commute to work in flying cars or seek a transfer to our company’s lunar outpost, another concept once thought outside the realm of modern reality is now increasingly ordinary in the...more

Lawyer’s Pants Literally Catch on Fire and Alexa to “Testify”: eDiscovery Trends

OK, this first story isn’t exactly an eDiscovery story, but it’s too good to pass up… Here’s a question for you: Would you believe what a lawyer was telling you during closing arguments if his pants were, literally, on fire?...more

Law Firm Sued for Alleged Lax Data Security Obtains Significant Win in District Court

Back in December of last year, we reported that for the first time, a U.S. law firm – Johnson & Bell, a mid-sized Chicago firm – was publicly named in a class action data security lawsuit. Last month, the firm obtained a...more

New Privacy Training Requirement for Certain Federal Government Contractor Employees

Federal government contractors are now required to provide annual privacy training for employees who (1) have access to a system of records, (2) handle personally identifiable information (PII), or (3) design, develop,...more

FCC's Halt Of Privacy Rule Signals Net Neutrality Reversal

Timothy Toohey was quoted in a Law360 article, March 2, 2017, discussing the Federal Communications Commission’s vote to prevent certain elements of privacy regulations from taking effect on broadband providers and signaling...more

Social Media Privacy Concerns: A How-To Guide

The majority of organizations utilize social media to market their products and services, interact with consumers, and manage their brand identity. Many mobile applications and websites even permit users to sign-in with their...more

EPIC Continues its Fight Against FAA for Drone Privacy Regulations

The Electronic Privacy Information Center (EPIC) filed its 65-page brief in its case against the Federal Aviation Administration (FAA) this week, for the FAA’s failure to address privacy risks in its final small unmanned...more

Litigation and Federal Regulations Under Part 107 in the Coming Era of Drones

A drone crashed into Seattle’s iconic Space Needle on New Year’s Eve. The accident — which was recorded in dramatic fashion on the onboard camera — is likely a sign of things to come in 2017 and beyond as the Federal Aviation...more

CMS Begins Enforcement of New State Surveyors Requirement-Resident Abuse through Photography

On August 5, 2016 CMS issued new guidance advising survey teams to request and review facility policies and procedures that prohibit staff from taking, keeping and/or distributing photographs and recordings that demean or...more

FCC Chairman Announces Intent to Stay Broadband Data Security Rules

The Federal Communications Commission’s (FCC) Media Relations Office has released a statement announcing Chairman Pai’s intention to stay a data security rule adopted by the Commission late last year in its Broadband Privacy...more

Cloudflare Software Bug Causes Data Leak

Cloudflare, Inc., a provider of performance and security solutions for websites, recently disclosed that a software bug caused it to leak customer data that was then cached by search engines. Uber, Fitbit, and OkCupid sites...more

FTC and 10 States Settle with Caribbean Cruise Lines for Robocall Accusations

Last week, the Federal Trade Commission (FTC) and ten states settled charges against the Florida-based cruise line, Caribbean Cruise Line, Inc. (CCL), for an illegal telemarking campaign that inundated consumers with billions...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

Advertising Law - February 2017 #4

Not-So-Smart TV: Vizio Settles Over Data Collection - For installing software on smart TVs and collecting viewing data on 11 million consumers without their knowledge or consent, Vizio, Inc. will pay the Federal Trade...more

Google Ruling May Give Government an Opening to Broaden its Power Under Outdated Stored Communications Act

As technology progresses and the world becomes even more interconnected, the scope of the Stored Communications Act (“SCA” or “Act”) has become a topic of much interest in the federal courts. One question courts have grappled...more

Virtual legality: Virtual Reality and Augmented Reality - legal issues

With Newsweek predicting that 2017 will be shaped by Virtual Reality (VR) and Augmented Reality (AR)1 Dentons, as part of its on-going TechTalk series, thought it was timely to examine the legal issues associated with this...more

Privacy Tip #74 – What to Do About Customs and Border Patrol

There has been lots of talk about the ripple effects of the Trump travel ban. But here’s a new twist I hadn’t heard before—U.S. Customs and Border Control (CBP) agents are detaining U.S. citizens and requiring them to unlock...more

New HHS Secretary Delays Effective Date of Part 2 Final Rule

We previously reported that the 30 year old regulations (last updated in 1987) relating to the disclosure of substance abuse treatment information has been updated by SAMHSA to bring it into the modern world of electronic...more

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