Reasonable Expectation of Privacy

News & Analysis as of

Three Point Shot - Summer 2016

800-Meter Champion Berian Eventually Outpaces Nike Endorsement Suit... Or Did He? World 800-meter champion Boris Berian is seemingly capable of out-running just about anything these days. Berian is just a year removed...more

While your home is your castle where privacy is concerned, not so much for your car: Or what does automotive technology, privacy...

For a number of years, auto manufacturers have been quietly installing something akin to black boxes in passenger cars. Originally, these devices were solely for airbag deployment, but today, these boxes or SDM’s (Sensing...more

Do you have privacy rights on social media?

True or False: Your privacy rights are diminished in social media. Most people would probably say this is true, and there are certainly court decisions asserting that people give up privacy interests once they post otherwise...more

UK Tribunal Defines Some Limits on Employee Privacy Protections and Expands Anti-Discrimination Rights

Employee’s Privacy Rights - European courts continue to grapple with the limits on employee protections under Article 8 of the European Convention of Human Rights. Article 8 protects a person’s right to respect for...more

En Banc Fourth Circuit Rules No Fourth Amendment Protection For Cell-Site Location Information

On May 31, 2016, the U.S. Court of Appeals for the Fourth Circuit held in United States v. Graham, Nos. 12-4659 and 12-4825, in an en banc rehearing, that the government’s acquisition of historical cell-site location...more

Fourth Circuit Says Law Enforcement Doesn’t Need a Warrant to Figure out Where You Are

Like many people, Aaron Graham and Eric Jordan carried cell phones around in 2011. Unlike most people, Graham and Jordan were convicted of crimes arising from their participation in a series of armed robberies in that period,...more

NTIA Tells UAS Operators Not to Drone On

Unmanned Aircraft Systems (UAS), more commonly known as “Drones,” are soaring in popularity – the Federal Aviation Administration saw more than 300,000 drones registered in just the first 30 days since they introduced a...more

Defence & Indemnity - April 2016: IV. PRACTICE ISSUES B.

B. Do police need a warrant to access the data on a vehicle’s airbag control module without the owner or driver’s permission? R. v. Fedan, 2016 BCCA 26, per Smith, J.A. [4176]...more

Defence & Indemnity - April 2016: IV. PRACTICE ISSUES

A. Do police need a warrant to access the data on a vehicle’s airbag control module without the owner or driver’s permission? R. v. Glenfield, [2015] O.J. No. 1212, per Hambly, J. [4175]...more

Employers vicariously liable for data breaches caused by rogue employees

The High Court recently held that employers can be vicariously liable for data breaches caused by rogue employees. The decision highlights the importance to businesses of ensuring that data protection compliance requirements...more

Monitoring Employee Communications: A Brave New World

Over the last decade, communication via email and text has become a vital part of how many of us communicate in the workplace. In fact, most employees could not fathom the idea of performing their jobs without the use of...more

Barbulescu v. Romania clarifies an employers' rights to monitor the contents of their employees' private electronic communications

On January 12, 2016, the European Court of Human Rights ("ECtHR") delivered a judgement in Barbulescu v. Romania regarding the employers' right to access their employees' private communication. Following the judgement, a...more

Rival Court Decisions Reflect Shifting Views on Privacy in Public

With the spotlight on one high-profile battle that pits privacy rights against public safety interests, another crucial, similar dispute is making its way through the courts. How to evaluate new technology and its potential...more

The battle between children’s right to privacy vs. publisher’s freedom of expression

In the battle between protecting children’s right to privacy and allowing publishers to exercise their freedom of expression, recent case law has seen children’s rights triumph....more

Hearts and Roses Versus GPS and Monitoring Devices

It is hard to believe that unrequited love exists, while the scent of chocolate and roses still lingers in the air from Valentine’s Day, but on occasion, Cupid’s arrow does miss its mark and spouses may stray from their...more

Is the Internet expanding privacy expectations?

Is the Internet invading privacy, or expanding privacy? The conventional wisdom is that the Internet is eviscerating privacy. But in some ways a heightened focus on privacy in the digital era may be creating new and greater...more

Do employers have the right to read employees’ private emails?

A recent European Court of Human Rights (ECHR) case (Barbulescu –v- Romania) has attracted much publicity in the UK press as giving employers the green light to read employees’ private emails. Is that correct and does this...more

New Police Procedures Laws for Illinois Municipalities

Illinois Gov. Bruce Rauner signed Public Act 99-352 into law on Aug. 12, 2015, amending several Illinois statutes concerning local police operations and procedures. The law takes effect on January 1, 2016. Several aspects of...more

Irresponsible to Criticize Judge Who Ruled Correctly

As lawyers, we frequently disagree with the decisions of judges. The federal and state constitutions protect our right to express our disagreement and provide a mechanism to appeal decisions. Judges have no control over which...more

Florida Law Creates Right of Action against Drone Operators for Surveillance of Private Property

A bill passed by the Florida legislature and signed into law earlier this year expands Florida’s Freedom from Unwanted Surveillance Act (F.S. 934.50) to prohibit the use of a drone to record images of private property, or the...more

Recent Seventh Circuit Data Breach Ruling Could be Big Win for Plaintiffs and Big Headache for Retailers

For lawyers who frequently litigate class action lawsuits, whether or not the named plaintiffs have standing to bring a claim is one of the first issues that is analyzed and considered. Plaintiffs’ lawyers often look for...more

SEC Seeks Increased Access to Email

Jacqui Merrill, an Associate at The Volkov Law Group, joins us with a posting on the SEC’s request for increased access to emails. In a Senate Judiciary Committee meeting held on September 16, 2015, Securities and...more

Advocate Health class action lawsuit trimmed

Last week, an Illinois judge dismissed with prejudice five of the six claims levied against Advocate Health Care in a consolidated case of ten cases filed against it following the data breach it experienced in July of 2013...more

Ashley Madison data breach update

Anonymous users of the almost 40 million users of the Ashley Madison website have filed suit against internet service providers (ISPs) GoDaddy and Amazon alleging that they have been damaged because the ISPs hosted the stolen...more

Arizona’s Revenge Porn Law Remains on Indefinite Hold

Earlier this year, the Arizona Legislature made major revisions to Arizona’s revenge porn law, Arizona Revised Statutes § 13-1425. Arizona is neither the first nor the only state to prohibit the unauthorized disclosure...more

63 Results
|
View per page
Page: of 3
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×