Right to Privacy

News & Analysis as of

Wait A Minute, Mr. Postman: Tenth Circuit Applies Statutory-Violation Exclusion To Junk Fax Claims That Try To Skirt The TCPA

Enacted in 1991, the Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA), inaugurated the era of “junk fax” class actions, in which recipients of mass fax advertisements may pursue statutory damages of $500 per class...more

Privacy Laws in Asia - May 2015

Privacy legislation in Asia has been extremely active in the past few years, and the level of activity and enforcement does not show any signs of slowing down. Eleven jurisdictions in Asia now have comprehensive privacy laws:...more

Is Creepy Compensable?

A watchful eye can be a good thing. We all want to keep an eye on what’s important. In an increasingly fast-paced world, however, it gets harder. The Internet and advances in mobile technology put so much information at our...more

NLRB Continues to Scrutinize Employer Policies - NLRB General Counsel’s Guidance Memorandum and Recent Cases Highlight NLRA Issues

The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March...more

Second Circuit Rules PATRIOT Act Does Not Authorize Government's Bulk Telephone Metadata Collection Program

In yet another reminder of the importance of maintaining the privacy of personal information, the Second Circuit Court of Appeals, in ACLU v. Clapper, issued a unanimous decision striking down the National Security Agency’s...more

Cell Tower Location Data Privacy Decision Reversed

Last July, we reported on United States v. Davis, an Eleventh Circuit decision in favor of privacy rights. In that case, a three-judge panel held that cell phone users have a reasonable expectation of privacy in their cell...more

Eleventh Circuit Court of Appeals: Warrantless Cell Site Data Constitutional

The U.S. Court of Appeals for the Eleventh Circuit, sitting as a full panel, has ruled that law enforcement may acquire historical cell site data information (i.e., past location information) from wireless telecommunications...more

Snowden Strikes Back: Mass Collection of Telephony Metadata Struck Down By the Second Circuit

As post-Snowden America well knows, for some years now the National Security Agency (NSA) has been collecting bulk telephone metadata under the authority of Section 215 of the PATRIOT Act and aggregating it into data banks...more

BREAKING: Legislature Passes Measure Limiting Employer Access to “Personal Online Accounts”

Well, no one who has been reading this blog should be surprised by the news tonight out of the General Assembly. Indeed, I’ve written about proposed bills that limit employer access to employee’s personal online...more

SCOTUS Accepts Certiorari to Address Article III Standing in “No-Injury” FCRA Class Action

On April 27, the Supreme Court accepted certiorari review in Spokeo, Inc. v. Robins, 13-1339, to address whether consumers can establish Article III standing without actual harm or injury, by alleging a violation of a federal...more

E-Discovery Update: When Personal and Work Data Collide

In the modern world, employees routinely receive work-related data on personal mobile devices, such as smartphones and tablets, and access personal data on work-owned devices. ...more

Is Paying Extra for Privacy the Future of Home Internet Service?

All eyes are on AT&T after the carrier launched its gigabit fiber-to-the-home Internet service in Kansas City, pricing part of the service based on a user's privacy preferences. Interested users can access the carrier's...more

New Law Restricts Employer Access to Employee Social Media Accounts, Including Through “Friend Requests”

On March 23, 2015, Virginia Governor Terry McAuliffe signed a new law, H.B. 2081, that restricts the ability of employers in Virginia to access the social media accounts of current and prospective employees—making Virginia...more

Healthcare Legal News Volume 5 Number 2

According to a recent study by Accenture, by 2017 approximately 18 percent of the American public will purchase insurance through exchanges versus relying on traditional employer healthcare coverage or foregoing insurance...more

Looking Over Your Employees' Shoulders

As shifting privacy lines allow employers to reach further and further into employee conduct, it’s increasingly important that you know the legal limits. Many employees will question the legality of increased employer...more

Presidential Memorandum Outlines Privacy Guidelines For Domestic Federal Use Of Drones

In a recently issued Presidential Memorandum, President Obama included privacy guidelines for the federal government’s use of unmanned aircraft systems (“UAS”) in the United States. Issued on February 15, 2015, and...more

Who’s Winning in the Battle Between Privacy and Security? The State of Surveillance Law in Europe

In recent years, there has been an ongoing struggle between privacy and security, with many governments looking to increase their surveillance powers in the name of fighting terrorism and protecting the population. Following...more

Privacy Settings Won’t Keep Social Media Posts Out Of Court

On Jan. 7, 2015, in Nucci v. Target Corp., et al, the District Court of Appeal of the State of Florida, Fourth District, upheld a lower court’s order compelling plaintiff Maria Nucci to produce photographs originally posted...more

International Fraud & Asset Tracing (3rd Edition), France

In this Guide: - Introduction - Managing the Internal Investigation - Disclosure from Third Parties - Steps to Preserve Assets/Documents - Civil Proceedings - Anti-Bribery/Anti-Corruption Legislation -...more

Article 29 Working Party issues its Cookie Sweep Combined Analysis - Report

On 3 February, the Article 29 Data Protection Working Party published its ‘Cookie Sweep Combined Analysis – Report’. The sweep was undertaken by the WP29 in partnership with eight of the European data protection regulators,...more

California And Florida Are The Latest To Propose Drone Privacy Laws

California and Florida have recently proposed legislation meant to address the use of unmanned aerial vehicles, or “drones,” to capture images of individuals. The proposed legislation is the latest in a raft of state bills...more

Update on President Obama’s “Summit on Cybersecurity and Consumer Protection,” Part I

The first ever Summit on Cybersecurity and Consumer Protection was convened today at Stanford University, keynoted by President Obama. The purpose of the summit: to “bring[] together major stakeholders on consumer financial...more

Consumer Privacy Rights – Germany To Enable Consumer Protection Organisations To Bring Actions For Privacy Violations

The German federal government has recently approved a bill that might substantially change the way consumer privacy rights are enforced throughout the country....more

A Simplified Norm to Represent an Expanding Power: the Right to Listen in on Employees’ Phone Calls and the Standardization of...

Since 2001, the French Court of Cassation has made a continuous effort to refine and, in some circumstances, narrow the scope of the right to privacy in the workplace with a view to reaching a fair and balanced approach. The...more

Florida drone bill a reminder to UAS operators: Know all the rules before you fly

A bill recently introduced in the Florida House of Representatives would enhance privacy-related restrictions on the operation of unmanned aircraft systems (“UAS,” otherwise known as “drones”) in the state. The Freedom from...more

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