Privacy Laws

News & Analysis as of

Reflections on “Privacy in the Modern Age”

With the heart of the summer vacation season upon us, it seems like a good time for some reflection. Here, it comes in the form of excerpts from an essay by privacy maven, Deborah Hurley. The one time Director of the Harvard...more

Digital Disruption When You Least Expect (Or Want) It

In this Presentation: - Introduction - Chocolate, Cookies, Coffee and Biscuits - Privacy, Legislation, Underworld behaviour - Even manufacturers have secrets to protect! - Invention, 1%’ers and...more

A Message From the Eighth Circuit Regarding the TCPA

The purpose of a telephone solicitation, rather than its content, determines whether it is prohibited telemarketing under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. That is what the Eighth Circuit...more

Repeated Fax Blasts Cost Company $22 Million Judgment

The Telephone Consumer Protection Act of 1991 (TCPA), 42 U.S.C. § 227(b)(1)(C), prohibits the fax transmission of unsolicited advertisements without the prior express permission of the recipient, absent an established...more

Digital Privacy Act Modernizes PIPEDA

On June 18, 2015, significant portions of the Digital Privacy Act received Royal Assent. This Act, amends the Personal Information Protection and Electronic Documents Act (PIPEDA), and brings important certainty to how...more

PIPEDA Amendments In-Force

Amendments to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) are frequently proposed but just as frequently die on the order paper. Bill S-4, which proposed the most significant amendments to...more

Employee Surveillance and Monitoring

To state the obvious (and this shows my age), we are way past George Orwell’s 1984. Yes, I know 30 years past it. But we are way past the privacy concerns expressed in Orwell’s book; we are in a new era where technology and...more

One step closer to European privacy regulation? Five unsettled issues

EU Justice and Home Affairs ministers this week reached a general approach on the General Data Protection Regulation at their Council meeting. This means that, more than three years after the Commission’s initial...more

Legislative Alert: Bill S-4, an Act to amend Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) passed...

On June 18, 2015, Bill S-4, the Digital Privacy Act was passed by Canada’s House of Commons vote. Bill S-4 was previously passed by Canada’s Senate. The Digital Privacy Act includes important amendments to the Personal...more

Every Step You Take…Can Your Employer Be Watching You?

It sounds like something out of an Orwell novel: an employer demands an employee provide electronic notice of her whereabouts at all times, on and off the clock. The employee must now face a choice – protect her privacy...more

Trendsetter or Outlier? Oregon Adds New Twist to Password Protection Laws

Since early 2012, 21 states have enacted some form of "password protection" law. Although these laws vary substantially by state, their common thread is the intention to restrict employers' ability to access content in...more

The Cards Hack the Astros – So What Law Applies? [audio]

In a developing story, The New York Times is reporting that the FBI is investigating the St. Louis Cardinals for hacking into the Houston Astros’ computer networks to steal the Astros’ internal baseball operation intelligence...more

Add Connecticut to Your List of States with a Social Media Privacy Policy Law Favoring Employees

Since 2012, many states have enacted laws that restrict an employer’s capacity to access employees’ personal email and social media accounts. Last month, Connecticut joined the party and became the 21st state to enact an...more

LinkedIn settles class action suit

Last week, LinkedIn agreed to pay $13 million and change some of the site’s features to settle a class action lawsuit filed against it in 2013 alleging that it used the Add Connections feature to access users’ email contacts...more

Anonymous Information Actionable under the VPPA?

Technology has allowed consumers to use Apps and devices to stream their favorite content at the touch of a button. The popularity of these streaming Apps and devices has raised legal issues with regard to privacy....more

Discovery in International Litigation: Data Privacy and Best Practices for Global Organizations

In an increasingly global economy, it is only natural to see a rise in complex and high-stakes international lawsuits. As a result, cross-border discovery issues are now commonplace, a staple of international litigation. ...more

Fiduciary News - June 2015

Changes Coming for Pennsylvania Fiduciaries in Their Ability to Access and Manage Digital Assets and Accounts - On January 1, 2015, Delaware became the first state to enact a comprehensive law granting fiduciaries the...more

New 2015 Laws Update Data Breach and Identity Theft in Washington and Oregon - Both States Set New Requirements for Notifying...

Washington and Oregon both recently updated laws that define data security and incident response requirements for breaches of consumers’ personal information. Details of these new requirements for each state are...more

The General Data Protection Regulation - Where Are We Now?

To become law, the proposed text will need to be adopted jointly by the European Parliament and the Council of Ministers (i.e. ‘ordinary legislative procedure’). In March 2014, the European Parliament voted in plenary and...more

FCPA Compliance and Ethics Report-Episode 167-Mara Senn on the Top 10 Practices in a Cross-Border Investigation [Video]

In this episode I visit with noted white collar practitioner Mara Senn who discusses her top 10 best practices when conducting cross-border investigations. ...more

On the Death of Purpose Limitation

The latest Council version of the European General Data Protection Regulation (GDPR) provides that personal data may be further processed by the same data controller even if the further purpose is incompatible with the...more

The Canadian Retail Report

Our Canadian Retail Report provides you with practical content to keep you current on developments that affect retailers in Canada. In this issue, Timothy M. Banks, the Canadian lead for our Privacy and Security practice,...more

Applying the Video Privacy Protection Act to Online Streaming

Passed in 1988, the VPPA prohibits a “video tape service provider” from “knowingly” disclosing a consumer’s “personally identifiable information” (“PII”) to third parties without his or her consent. The VPPA defines a “video...more

Privacy & Cybersecurity Update - May 2015

In This Issue: - Second Circuit Rules Patriot Act Does Not Authorize Bulk Metadata Collection; Congress Reconsiders Certain Patriot Act Authorities - SEC Issues Cybersecurity Guidance for Investment Companies...more

Jones, Skelton & Hochuli Reporter - Summer 2015

- In this Issue: - Has Exposure to Punitive Damages Increased in Arizona? - The Different Warranties Covering A Contractor’s Work - The Frustrating EEOC Conciliation Process - Demanding Access to...more

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