Right to Privacy

News & Analysis as of

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

Appellate Court Recognizes and Protects Litigation Privilege in a Regulatory Investigation

An appellate court recently concluded that litigation privilege may be appropriately claimed by a target of a regulatory investigation. The Court in TransAlta Corporation v Market Surveillance Administrator reaffirmed the...more

EU: Update on Google’s Right to be forgotten

In an earlier blog post, Patrick Van Eecke and Anthony Cornette discussed the impact of the ECJ Case C-131/12. The authors now provide some further insight on the latest developments relating to the ECJ case on the ‘Right to...more

Stolen Customer Data Results in Ontario's First Certified Privacy Class Action

Businesses that collect personal information have an added incentive to monitor employees handling customer data – Ontario's first class action arising from the new tort of "intrusion upon seclusion" was certified last week....more

Now You See Me, Now You Don’t

The European Union recently decided that people have a right to be forgotten. The “right to be forgotten” provides Internet users in Europe the advantage to demand the erasure, removal or deletion of sensitive personal...more

In Right to Be Forgotten Proceedings, Who Represents the Public Interest?

In its newly published Fact Sheet on the Right to Be Forgotten, the European Commission has tried to dampen the negative reaction to the European Court of Justice (ECJ) Right to Be Forgotten decision by noting that the right...more

Privacy Tuesday: June 2014

Welcome to another week, and our Privacy Tuesday look at top issues. California Attorney General Puts the Focus on the Consumer - As we have discussed, the California Online Privacy Protection Act was amended,...more

Employer's Electronic Communication Policy Negates Expectation of Privacy in Employee's Work Computer

Adding its voice to the growing body of cases illustrating the importance of electronic communications policies, a federal court in Virginia ruled earlier this year that an employee had no reasonable expectation of privacy in...more

In Google Spain ‘right to be forgotten’ case, EU court looks critically at free expression defense

The European Court of Justice’s decision in the Google Spain “right to be forgotten” case isn’t just a ruling about a crazy European regulation. Commentators who brush it off on that basis, or as an anti-free-speech...more

Could US Law Ever Recognize the “Right to Be Forgotten”?

Can there be a “Right to Be Forgotten” Law in the U.S.? The “right to be forgotten” in the online sphere has recently been protected by the European Court of Justice (ECJ), the highest court in the European Union. According...more

The Right to Be Forgotten, Everywhere

While most people have focused on the free speech and implementation difficulties of the “right to be forgotten” announced by the European Court of Justice (ECJ) in Google Spain SL, Google Inc. v. Agencia Española de...more

Google and the Great Divide: U.S. Privacy Rights versus EU Privacy Rights

Will the “right to be forgotten” be the new mantra in cyber cases in the United States? Or will the “right to know” continue to prevail? In Europe, proponents of the “right to be forgotten” argue that individuals should be...more

Doing Business in Latin America and The Caribbean: Turks & Caicos Islands

The Turks and Caicos Islands (TCI) lie 575 miles southeast of Miami and 39 miles southeast of The Bahamas. There are eight principal inhabited islands which have an estimated population of 35,000. The legal system is based...more

Is TMZ Worse Than The NSA?

Donald Sterling’s private telephone conversation. George Clooney’s engagement party. Jay-Z and Solangé’s elevator scuffle. Is TMZ invading privacy rights more than the NSA? The California Constitution, Article 1,...more

Google Begins the Process of Implementing the 'Right to be Forgotten'

Google has taken the first step to implement the “Right to be Forgotten” decision by the European Court of Justice (ECJ). It has provided individuals a form to complete to request that their personal information be...more

Privacy & Cybersecurity - May 2014

In This Issue: - EU Court of Justice Creates Broad Interpretation of the ‘Right to be Forgotten’ - White House Publishes Report on Risks and Opportunities Posed by ‘Big Data’ Practices - California AG...more

Iowa Case Highlights Often Overlooked Risk of Releasing Personal Emails in Public Records Requests

As a frequent advisor to school districts on freedom of information requests, the question I face most often is how a public body can protect a sensitive document from release. ...more

Louisiana Bans Access To Employees' Social Media

On May 22, Louisiana Gov. Bobby Jindal signed the Personal Online Account Privacy Protection Act into law. The Act, effective immediately, prohibits employers from requesting or requiring access to the personal online...more

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