News & Analysis as of

An Overview of the 2014 Class Action Survey [Video]

To read the full 2014 Class Action Survey report, please visit ClassActionSurvey.com. Fifty-two percent of major companies are currently engaged in class action litigation. This percentage has remained fairly consistent...more

Data Protection – Italian Fine for Google Inc.

Yet another data protection headache for Google Inc.? Today a number of newspapers reported the news regarding a fine issued against Google. In reality this is the result of a two years procedure ending up last December with...more

Privacy & Cybersecurity Update - March 2014

In This Issue: - EU Parliament Cements Position on Privacy Protection Reform - EU Parliament Passes Cybersecurity Directive - SEC Holds Roundtable on Cybersecurity - EU and APEC Introduce Guide for...more

Closing The Gap Between Privacy Policies And The Use Of Portable Storage Devices

The Office of the Privacy Commissioner of Canada has released its Report of Findings from a year-long investigation into a significant incident involving the loss of personal data at the former Ministry of Human Resources and...more

Privacy: What the World Has to Say About It

Let’s face it: technology has made the world smaller. It’s no longer extraordinary for what was once termed a “mid-sized” or “regional” company to trade and outsource in foreign markets. Indeed, the Internet has made it...more

The French Data Protection Authority Fines Google for Breach of French Privacy Laws

After two years of investigation and proceedings regarding Google’s privacy policy, European Data Protection Authorities (DPAs) are now reaching their final decisions against Google. The French DPA (“CNIL”) issued, on January...more

Eye on Privacy - January 2014

In this issue: - FTC Settlement with Flashlight App Requires Extensive Disclosures Outside of the Privacy Policy to Collect and Share Geolocation Information - GAO and Senate Commerce Committee Release Studies...more

California's Do Not Track Disclosure Bill

As of January 1, 2014, California law requires operators of websites and online services to publicly disclose how they respond to "do not track" (dnt) signals, though the exact requirements vary depending on whether an entity...more

10 Privacy Issues to Watch in 2014

2014 promises further legislative, regulatory and judicial attention to a number of high-profile privacy issues. This article examines 10 privacy issues and trends likely to receive attention in the coming year, including the...more

New Law Requires Certain Vendors to Expand Their Privacy Policies

A recent amendment to the California Online Privacy Protection Act of 2003 (“CalOPPA”) will require certain owners and operators of commercial websites and online service providers to change their posted privacy policies to...more

Privacy Class Action – Theories of Liability – 2013 Year in Review

One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more

Website Operators Await Final Guidance Regarding Compliance With California’s “Do-Not-Track” Disclosure Requirements

Even with the publication of draft “best practices” by the California Attorney General (AG), website operators remain uncertain as to their obligations under the new do-not-track disclosure requirements of the state’s Online...more

Privacy Monday – January 13, 2014

These are busy times in the data privacy/security world. If Misery Loves Company, Target Has Friends - Target was not the only target of data thieves this holiday season. Reports over the weekend revealed that...more

Amendments to CalOPPA Enter Into Force Imposing New Requirements for Online Privacy Policies

Recent amendments to California’s Online Privacy Protection Act may have implications for all commercial online operators given the geographically limitless scope of the Internet. The amendments, effective Jan. 1, 2014,...more

How To Catch-Up in a Revised HIPAA World

The HIPAA final omnibus rule (Omnibus Rule) made sweeping changes to the HIPAA Privacy, Security, Breach Notification and Enforcement Rules earlier this year. Although the compliance deadline of September 23, 2013 has come...more

Privacy Top Ten: Things You Think You Know About Privacy – But Don’t!

Whether a start–up or a listed ASX company, your business opportunities are increasingly on–line and/or overseas. At last count over 80 countries have adopted data privacy laws and Australia’s new Australian Privacy...more

Privacy & Cybersecurity Update - December 2013

In This Issue: - European Commission Proposes Changes to the US-EU Safe Harbor: In our November Privacy & Cybersecurity Update,1 we reported that the European Commission was undertaking a review of the U.S.-EU...more

Prospects on Germany's Digital Landscape in the Next Four Years: What Does the Coalition Agreement Say on Technology?

Following the German federal election on September 22, 2013, the Christian Democratic Party, the Christian Social Union and the Social Democratic Party decided to take up coalition talks for the formation of a new government...more

Depository Of International Online Privacy Resources

One of our more popular posts of the year was the recent Online Marketers’ Guide to Online Privacy. It focuses mostly on U.S. law with some mention of of the E.U. Safe Harbor issues....more

EU Data Protection Reform – Interview with Susan Foster, Member, Mintz Levin [Video]

Attorney and Solicitor Susan Foster, Member of Mintz Levin's Corporate & Securities Practice, discusses the proposed changes to the EU’s data protection and privacy rules. ...more

Privacy Monday: October 7, 2013

Despite the government shutdown, the Supreme Court is in for the 2013-2014 session. There are a couple of privacy cases on the agenda. U.S. v. Wurie and Riley v. California - At issue: Separate appeals over...more

Data And Compliance

We always read that corporate leaders regularly identify data security as one of the top-five risks they face in the business world. Many companies are appointing a Chief Privacy Officer to oversee the proper handling...more

Privacy & Cybersecurity Update - October 2013

In This Issue: - Recent Changes to California Privacy Law Have Nationwide Implications - The FTC Brings Its First Enforcement Action Against the ‘Internet of Things’ - Fifth Circuit Ruling Provides New...more

The World Data Protection Authorities and the 35th International Conference

With the 35th International Conference of Data Protection and Privacy Commissioners, the Data Protection Authorities adopted a declaration and 6 resolutions on data protection (as well as a resolution on the strategy of its...more

The HIPAA Compliance Deadline is Less Than One Week Away. Business Associate Agreements and Other Documents Must Be Revised. Are...

On September 23, 2013, Covered Entities and Business Associates must be compliant with the final Health Insurance Portability and Accountability Act (HIPAA) Omnibus Rule (the “HIPAA Final Rule”). The HIPAA Final Rule modified...more

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