Privacy Concerns

News & Analysis as of

New FAA Statutes and Rules for Commercial Drone Operations will Benefit Utilities

New FAA rules broadly authorizing commercial drone operations are now in effect and the utility sector stands to benefit significantly. The new rules provide utilities the opportunity to utilize drones to reduce costs and...more

Wearable Device Data: The Next Big Thing for Employment Litigation Cases

Wearable device data may be the next big thing in the world of evidence for employment cases since social media. Given that it has already been used in personal injury and criminal cases, it is only a matter of time before...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

Privacy Tip: Cover Your Computer Camera and Microphone

Someone may be using your laptop or your desktop web camera to watch and listen to you without your knowledge. It happens, and yes, it’s downright creepy. And to think that someone may be spying on your kids that way is...more

Privacy Tip #52 – Sharing Your Information with Your Rental Car

I travel a lot and frequently rent cars in cities all over the country. Those of you who know me, (and my husband and children will attest), know that I will not ask for directions. I am definitely more like a man than a...more

Start-up, Joberate, Assigns Score to Employees to Determine their Job Search History

Most individuals seeking out new job opportunities use their personal e-mail address to correspond with a prospective employer, presumably keeping that job hunt secret from their current employer. However, now, Joberate, a...more

Privacy and The Cell Phone: Arizona Says Yes

Arizona recently recognized a “legitimate expectation of privacy” in cell phones. The case was State v. Peoples, and the opinion was issued on September 12, 2016. The Peoples case was about the police’s search of a cell...more

Eighth Circuit Clarifies Spokeo Ruling to Require Injury-in-Fact to Satisfy Article III Standing

In a victory to the defense bar, the U.S. Court of Appeals for the Eighth Circuit has published the first appellate opinion to apply the principles the U.S. Supreme Court articulated in Spokeo, Inc. v. Robins regarding...more

Litigation Alert: The Eighth Circuit Applies Spokeo to Reject Standing for Technical Violation of Privacy Statute

Last week, the Eighth Circuit became the first Circuit Court to address the reach of Spokeo v. Robbins in a privacy case, holding that a plaintiff’s allegation that a cable company’s retention of his personal information in...more

Release the Drones: New Small UAS Regulations Now in Effect in the U.S.

Commercial uses for drones, also known as unmanned aircraft systems (UAS), abound. From handling dangerous inspections to collecting soil and crop data for use in precision agriculture, drones can be extraordinarily helpful....more

The Impact of the Smart Home Revolution on Product Liability and Fire Cause Determinations

The concept of the Internet of Things (IoT) has existed for more than 15 years. Technology pioneer Kevin Ashton is widely credited with coining the term in 1999 to describe the connection of physical objects to the internet...more

Post-Spokeo Standing: An Evolving Landscape

Several recent federal court decisions have shed additional light on the still-unsettled question of when a plaintiff has Article III standing to sue based on a data breach or other data security or privacy event. These...more

Privacy Tip #50 – FTC Issues Brochure on 10 Ways to Avoid Fraud

With more and more information online, it is easy to accumulate a lot of information about individuals just by using a search engine. Scammers use online information to build profiles of victims and then use different scams...more

Pokémon, No!

There is something a little bit different about going back to school this year: your school is filled with Pokémon, awaiting capture by your students, employees, and visitors. By now, you are probably familiar with Pokémon...more

Final Drone Rule and Potential Privacy Implications For Operators

Well, the Federal Aviation Administration’s (FAA) Part 107 commercial drone regulations are in full swing this week and without the inclusion of specific privacy standards, there are still concerns about privacy-related drone...more

Eighth Circuit Privacy Class Action Fails to Clear Second Hurdle

In Carlsen v. GameStop Inc., plaintiff ­– a paid subscriber to defendant’s online gaming magazine – brought a putative class action lawsuit against defendant for alleged breach of its privacy policy by disclosing plaintiff’s...more

CMS Issues Guidance on Privacy Concerns at Nursing Homes

Earlier this month, CMS issued guidance regarding privacy concerns in nursing homes. In a letter entitled “Protecting Resident Privacy and Prohibiting Mental Abuse Related to Photographs and Audio/Video Recordings by Nursing...more

Tales from the (Quantum) Crypt

The dream of hack-proof communication just got a little closer to reality. On August 16, 2016, China launched the world’s first “quantum satellite,” a project the Chinese government hopes will enable it to build a...more

Electronic Privacy Information Center Challenges FAA’s New Drone Rules Over Lack Of Privacy Safeguards

On Monday, August 22, the non-profit Electronic Privacy Information Center (“EPIC”) brought suit in the U.S. Court of Appeals for the D.C. Circuit against the Federal Aviation Administration (“FAA”), challenging the lack of...more

Florida Court Holds Budget Request Forms and Activity and Service Fee Records Not “Educational Records”

On August 11, 2016, a Florida state court judge held that the University Central Florida Board of Trustees (“UCF”) must produce Budget Request forms and Activity and Service Fee Database records to Knight News, Inc. (“KNI”)...more

EPIC Challenges FAA’s Final Drone Rule for Lack of Privacy Protections

The Electronic Information Privacy Center (EPIC) filed a complaint against the Federal Aviation Administration (FAA) this week alleging that the final drone rule (Part 107) fails to include privacy regulations. EPIC claims...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

Drone Rules Raise Preemption Questions

The Federal Aviation Administration's recently announced rules for commercial operation of small Unmanned Aircraft Systems (UAS or drones), set to take effect later this month, provide long-awaited guidance to drone operators...more

Did You Search Your Jurors’ Social Media? There Are Rules

If you represented a large corporation or a wealthy individual, wouldn’t you want to know if your prospective jurors were campaigning for Bernie Sanders on Facebook? Or how about criminal prosecutors who might want to know if...more

[Webinar] The Internet of Things: Legal Risks in a Connected World- August 31st, 1:00pm CST

Join Richard Martinez, Partner and Chair of the Privacy and Cyber Security Litigation Group; Kerry Childe, Sr. Corporate Counsel, Privacy and Information Policy, Best Buy; and Ari Lukoff, Associate, Intellectual Property and...more

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