Right to Privacy

News & Analysis as of

European Court of Human Rights Rules Employers Can Read Employees’ Emails

Last month, the European Court of Human Rights (“ECHR”), in the case of Barbulescu v. Romania, issued a ruling about the rights of employers to monitor their employees’ online communications, including those via personal...more

European Court of Human Rights Issues Decision on Monitoring of Employee’s Internet Use

In a Barbulescu v. Romania, a decision issued on January 12, 2016, the European Court of Human Rights issued a ruling interpreting the right to privacy under Article 8 of the European Convention on Human Rights in the...more

Puerto Rico Supreme Court: Failure to Provide Safe, Private and Hygienic Area for Breastfeeding in the Workplace May Violate...

On January 25, 2016, the Supreme Court of Puerto Rico held that employers in Puerto Rico should provide a safe, private, and hygienic place for working nursing mothers to extract breast milk during the nursing period as...more

How far have we gone with license-plate photos and locational tracking? Too far…

Vigilant Solutions is a company that takes photographs of cars and trucks using its network of cameras. What’s the big deal, traffic cameras are always recording our plates? Well not only is Vigilant Solutions taking photos...more

Facebook biometric case dismissed

We previously reported about a proposed class action suit against Facebook for the alleged violations of the Illinois Biometric Information Privacy Act. Facebook moved to dismiss the case for lack of personal jurisdiction....more

Employment Law News for 2016

A belated happy new year to you all! To celebrate the beginning of 2016 we're cantering through some key employment law news stories from the past few months below. As always, please do get in touch with a member of the team...more

Privacy vs. Data Security: Why Plaintiffs in Consumer Data Breach Cases Still Have a Long Way to Go

The year 2005 really marked the beginning of the “era of data breaches,” and with it, the “era of data breach lawsuits.” The ChoicePoint data breach in late 2004, which first became newsworthy in early 2005, was the catalyst....more

Insurance Recovery Law - January 2016

Despite Finding Policy Application Misrepresentation, Jury Rules Against Policy Rescission - Why it matters: A federal jury concluded that Starr Surplus Lines Insurance Company did not have a valid basis to rescind the...more

Ontario Court Finds Cellphone Tower “Metadata” is Private

The Ontario Superior Court of Justice (Court) recently ruled in R. v. Rogers Communications that broad cellphone “tower dump” production orders are unconstitutional as unreasonable seizures under section 8 of the Charter of...more

Online Infringement and Norwich Orders: an update

This is a case that became something of a lightning rod in the storm of subscriber privacy rights vs. copyright. As we wrote in our earlier post, a copyright owner can only enforce its rights against online infringement if it...more

U.S. Government Challenges Preliminary Injunction On NSA Surveillance Program: Update On Klayman v. Obama

On Monday, January 4, 2016, the U.S. government filed a motion in Klayman v. Obama to vacate the preliminary injunction granted by the U.S. District Court for the District of Columbia that limited the National Security...more

Court Holds Corporations Have No Constitutional Privacy Right, But . . .

Article I, Section 1 of the California Constitution provides that “all people” have an inalienable right of privacy. Does this right extent to corporations? Seemingly it would if corporations are considered “people”. Some...more

Privacy Tip #17 – Educating K-12 students on privacy

I am obviously a big advocate of teaching kids about privacy at a young age. Luckily, I am not alone. There is a new privacy curriculum that educators can use to help their students learn about privacy issues, their right to...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

Global Anti-Corruption Perspective: Conducting Investigations in the Middle East: 10 Key Considerations

It is now commonplace for corporate entities to conduct investigations or risk assessments in multiple territories and jurisdictions at the same time. This type of work is, in part, a direct consequence of increasingly global...more

An Austrian Class Action Lawsuit Filed Against Facebook

Through its Irish subsidiary, Facebook is the target of a major EU class action lawsuit filed in Austria by Maximillian Schrems, the law student who brought forward the CJEU case C-362/14 that invalidated the EU – US Safe...more

Maine Is Latest State To Restrict Employer Access To Personal Social Media Accounts

Recently, Maine became the latest state to enact legislation restricting an employer’s access to employees’ and job applicants’ personal social media accounts. The new statute prohibits an employer from requiring, coercing or...more

The Telephone Consumer Protection Act Overview

The TCPA has been a source of significant class action activity in recent years as businesses seek to navigate the law and plaintiffs’ lawyers seek to exploit its many ambiguities....more

When it Comes to Privacy Laws, California Leads the Way

California is, by far, the king of states when it comes to privacy laws. California’s constitution is one of only 10 state constitutions that contain an explicit “right to privacy,” recognizing each citizen’s “inalienable...more

Over 70 million prison phone records leaked

Securus Technologies (Securus), which provides phone services for many of the country’s prisons, experienced a breach of over 70 million phone records from over 37 states. The data leaked includes downloadable recordings of...more

D.C. District Court Rules in Favor of Anonymity When Challenging a CFPB Civil Investigative Demand

Recently, the District Court for the District of Columbia issued an opinion recognizing a company’s right to maintain privacy when challenging a CFPB Civil Investigative Demand (CID). John Doe Company No. 1 v. CFPB, No....more

Pharmacy settles TCPA class action for $15 million for unsolicited fax ads

PharMerica settled a Telephone Consumer Protection Act (TCPA) class action initiated by a group of nursing homes over allegations that the pharmacy inundated the nursing homes with unsolicited fax advertisements in violation...more

Supreme Court denies cert in case involving cell location privacy rights

On July 31, 2015, Quartavious Davis petitioned for certiorari in Davis v. United States, No. 15-146 asking (1) whether the acquisition of a cell phone user’s location data from his cellular service provider constitutes a...more

Third Circuit Gives TCPA Autodialer Plaintiffs Staying Power

The U.S. Court of Appeals for the Third Circuit recently became the first federal appellate court to apply the Federal Communications Commission’s declaratory ruling that expanded the notion of what constitutes an...more

Wisconsin District Court Extends Stay in TCPA Case Pending Judicial Review of FCC Order

In Gensel v. Performant Technologies, Inc., No. 13-C-1196, 2015 WL 6158072, (E.D. Wisc. Oct. 20, 2015), the U.S. District Court for the Eastern District of Wisconsin granted Performant Technologies, Inc.’s (“Performant”)...more

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