Right to Privacy

News & Analysis as of

iSpy: Tracking Employees with GPS Technology on Mobile Devices

More than 90 percent of the 322 million cellular phones in use in the United States contain global positioning system (GPS) tracking devices that allow wireless carriers to obtain continuous, highly accurate information...more

Ebola Information Quarantine: Balancing Patient Privacy With Public Health

Of all the complex legal issues raised by the recent cases of Ebola in the U.S., those concerning the delicate balance between preserving patients’ privacy rights and the need to disseminate information to protect public...more

What’s The Buzz Over Drones?

Technology has rendered irrelevant the longstanding debate over whether good fences make good neighbors. Authorities in New Jersey recently arrested a man after he shot down a neighbor’s drone that was flying above his...more

Do Employees Have the Right to Access Social Media in the Workplace? Can Employers Block Social Media Websites?

A Pew Foundation study earlier this year found that 87% of all adults in the United States access the Internet or email, either through computers or mobile devices. The same study found that of those adults, as many as 74%...more

Japan – Google Privacy Case

On 9 October 2014, Judge Nobuyuki Seki of the Tokyo District Court granted a provisional injunction against Google Inc. (“Google“) and ordered Google to delete search results of a plaintiff who claimed his privacy rights had...more

Brazilian Regulators Slap $1.59 Million Fine on Telecom Giant Oi, Alleging Violations of Users’ Privacy Rights

As a reminder of the transnational nature of online data collection-and the ever-expanding web of regulatory bodies stepping in to monitor how information is collected and used-Brazilian regulators announced that they had...more

I Want My Selfie Back!!!

Over the last week, several high profile celebrities (e.g., Jennifer Lawrence and Kate Upton) have reportedly become the latest victims of internet privacy rights violations. In those cases, hackers supposedly obtained...more

Privacy And M&A Transactions: The Do's And Don'ts

Most M&A transactions require parties to exchange at least some personal information, whether it is the seller's employee or customer personal information. Addressing privacy compliance at an early stage of the M&A...more

Be Careful What You Promise in Your Company’s Privacy Policy!

When you or your clients are updating a privacy policy to provide a carveback for this type of M&A scenario, you should also check to be certain that the existing cyber/privacy insurance policy contains coverage for a...more

Consumer Privacy Legislation? All Sides Weigh In But Remain Far Apart in the Big Debate Over Big Data

Recent comments filed by various stakeholders in response to the U.S. Commerce Department’s National Telecommunications and Information Administration’s (NTIA) Request for Public Comment (RFC) on “Big Data and Consumer...more

Tennessee Legislature Adds Employee Privacy Protections to "Internet Accounts"

Executive Summary: Accessing information about employees and applicants via their social media accounts just got a bit more complicated in Tennessee. This past legislative session, the Tennessee General Assembly passed the...more

Life Sciences Spotlight - Issue 4, 2014

Since our last edition, there has been a number of developments in the Life Sciences sector across the Asia Pacific region and we are pleased to be able to update you on these recent trends. It is evident that the...more

Data Mining & Privacy: Who’s Watching Them Watch You?

Recently, the Federal Trade Commission issued a detailed report that summarized extensive data collection efforts that it uncovered in its study of the data brokerage industry. The FTC recommended that Congress require the...more

Louisiana Has Joined 16 Other States and Prohibits Employers from Accessing Employee Online Accounts

Effective August 1, 2014, Louisiana joined at least sixteen other states that have enacted laws prohibiting or restricting employers from accessing employees' personal online accounts – including social media (Twitter,...more

A Disturbing Picture

It’s 2:30 in the afternoon. Trying to fight off midday malaise, you head for the break room. As you walk down the hall, you grow uncomfortable when you notice the stares of your co-workers. Your friend Colleen grabs you...more

The EU's Right to be Forgotten: Overly Burdensome?

In May earlier this year, the European Union's top court held in favor of an individual who requested that Google remove the search results associated with his name. In this particular case, a Spanish citizen requested that...more

Bernstein Shur Business and Commercial Litigation Newsletter #42

We are pleased to present the 42nd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address controversies involving Google and privacy rights, the Foreign...more

The Google Tornado: Just How Ground-Breaking Is The "Right To Be Forgotten"

The recent decision of the European Court of Justice relating to Google and the "right to be forgotten", enabling citizens from the European Union to request search engines operating in Europe to delete, or not to show,...more

Doping Tests and Privacy Rights in Spain: a Key Court Decision

No one can deny that, over the last decade, Spain has taken the fight against Sports’ doping networks very seriously. In 2006 and 2013, two demanding laws for the health protection of federated sportsmen and the prosecution...more

Online Privacy: Friend or Foe to the American Public?

A recent court ruling in Europe will present new challenges to online corporations such as Google Inc. and Microsoft Corp. Not only will this directly affect their operations in the E.U., but it will also have implications...more

Data Privacy Law in the UK, Part I: An Introduction for U.S. Employers

The recent high-profile decision by the European Court of Justice involving Google has highlighted the existence of stringent data privacy laws in the European Union (EU). However, although the Google decision was...more

Doping tests and privacy rights in Spain: a key court decision

No one can deny that, over the last decade, Spain has taken the fight against Sports’ doping networks very seriously. In 2006 and 2013, two demanding laws for the health protection of federated sportsmen and the prosecution...more

Week in Review

Technology's impact on privacy took center stage in news headlines this week. The New York Times and National Public Radio (NPR) both reported on alternative software tools to track employees in the workplace - one tool...more

Court: Police Need Warrant to Search Phone. But Guess What? They Get to Keep Your Phone While They Get One.

Will cops still get access to cell phone data post arrest? You bet. Today’s Supreme Court decision just means they need to get permission from a judge before they start searching who you have been texting. And odds are very...more

Louisiana’s recent enactment of the Personal Online Account Privacy Protection Act

Following in the footsteps of several other states including Arkansas, Colorado, Illinois, Maine, Nevada, New Jersey, New Mexico, Oregon, Utah, Washington, and Wisconsin, Louisiana recently enacted the Personal Online Account...more

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