Right to Privacy

News & Analysis as of

Guest Privacy a Hot Button Issue in Wake of $55 Million Erin Andrews Verdict

On March 7, 2016, a Nashville, Tennessee jury awarded sportscaster Erin Andrews $55 million in a civil lawsuit against Marriott related to the secret recording of a nude video filmed during her stay at one of their hotels....more

Self-Publishing Platforms Deemed Distributors, Not Publishers in Privacy Suit over Unauthorized Book Cover

We live in a world that has rapidly redefined and blurred the roles of the “creator” of content, as compared to the roles of the “publisher” and “distributor” of such content. A recent case touches on some of the important...more

Erin Andrews Jury Sends Hoteliers a $55 Million Reality Check

“Privacy law” continues to evolve in the face of ever-advancing technology. Legislative bodies, administrative agencies, courts, tech companies, and a host of other interests are working to innovate, keep pace with, or catch...more

Employers in Germany May Now be Able to Check Browsing History of Work Computers

In certain circumstances an employer is entitled to analyse the browsing history of the work computer used by the employee without a need for the employee’s consent. This was made clear in a recent ruling of the Regional...more

Andrews and Hogan verdicts demonstrate disgust against invasion of privacy

Just this month, two large jury awards were given to celebrities in their respective civil suits alleging amongst other things, invasion of privacy: First, FOX sportscaster Erin Andrews was awarded $55 million in her...more

The High Costs of Violating Puerto Rico’s Breastfeeding in the Workplace Law: Supreme Court Decides Right to Privacy Claim

Protections for breastfeeding employees in Puerto Rico just became even stronger. A recent ruling from Puerto Rico’s highest court in Siaca v. Bahía Beach Resort & Golf Club, LLC, held that failing to provide a safe, private,...more

Latest German Sausage? Privacy-Wurst by Facebook

Despite not being explicitly mentioned in the Constitution, the Supreme Court has firmly held that a right to privacy for all Americans is found in several amendments to the Constitution, with almost 100 years of case law...more

Discovery Implications of the EU Data Protection Regulation

A recent article by my Kroll Ontrack colleagues from across the pond, Lawrence Ryz and Tracey Stretton, details the new EU Data Protection Regulation, which aims to solidify and unify the European Union’s data protection...more

Social Media Fail: Sometimes Even Employers Memorialize Bad Decisions on the Internet

Don’t deny it: you scroll through your social media feeds past the mundane photos, click-bait, and “humble brags” in search of explosive drama. Eventually, you might land on a status update from one of the reliable...more

EU-U.S. Privacy Shield – Full Text Released

On February 29, 2016, the European Commission released the text of the EU-U.S. Privacy Shield. The text reveals the details of a new framework that will place stronger obligations on U.S. companies to protect the personal...more

EU-U.S. Privacy Shield Agreement Released

On February 29, 2016, the European Commission (“EC”) and the U.S. Department of Commerce (“Commerce”) released the long-awaited text of the European Union (“EU”) – United States (“U.S.”) Privacy Shield, an...more

Apple vs. FBI: The House Judiciary Committee Hearing and Takeaways

Among the major headlines dominating not only the recent news cycle, but also this week’s RSA Conference in San Francisco, has been Apple’s challenge to the federal government’s request that Apple assist in unlocking the...more

Rosa Parks Name and Likeness Free for Use? (Rosa and Raymond Parks Institute for Self Development v. Target Corp.)

Addressing the balance between privacy rights and matters of public interest, the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s dismissal of the plaintiff’s complaint, holding that the defendant...more

Police Make iPhone Public Enemy No. 1

FBI Director James Comey took a rare break from the posturing typical of investigators and prosecutors in the current showdown between Apple and the FBI. While prosecutors argue that Apple’s privacy concerns are a smokescreen...more

Article: Safe Harbor No More: Navigating Unchartered Waters After the European Court of Justice Ruled the European Commission’s...

Not surprisingly, different governments and regulatory bodies have different views on how to strike the right balance as to the protection of the individual’s right to privacy (especially personal data), the facilitation of...more

FBI Recruits Apple to Help Unlock Your iPhone

It is a well-known maxim that “bad facts make bad law.” And as anybody even casually browsing social media this week likely has seen, the incredibly tragic facts surrounding the San Bernadino attacks last December have led...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

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

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