Right to Privacy

News & Analysis as of

New Uncertainties for European-US Data Transfers: EU Court Strikes Down 15-Year Old Safe Harbor Agreement

On October 6, 2015, the European Court of Justice (the European Union's highest court), struck down the US-EU Safe Harbor Agreement that previously provided companies to store personal data about Europeans on U.S. servers,...more

EU-US Data Transfer Safe Harbor Ruled Invalid

In a decision sure to have widespread implications for over 4,500 US companies doing business in Europe and anyone else who accesses data from the continent, the European Court of Justice ruled yesterday that the 15 year-old...more

Safe Harbor Dead: What U.S. Businesses Need to Know/Do Next

The decision of Europe’s top court yesterday to confirm that the ruling that the Europe Union(EU)/U.S. Safe Harbor scheme, Commission Decision 2000/520, was invalid has major implications for any businesses transferring data...more

EU High Court Invalidates Safe Harbor Framework for Cross-Border Data Transfers

On October 6, 2015, the Court of Justice of the European Union (CJEU) issued a highly anticipated judgment that has the potential to impact how thousands of companies transfer data from the EU to the United States. The...more

Navigating the Unsafe Harbor: Keep Calm and Carry On

The Court of Justice of the European Union (CJEU) issued its landmark decision in Maximillian Schrems v. Data Protection Commissioner on October 6, 2015, ultimately invalidating the U.S.-EU Safe Harbor Framework. Under...more

Court of Justice of the European Union Invalidates U.S. Safe Harbor Framework

The Court of Justice of the European Union (CJEU) has held that the EU Commission's decision establishing the Safe Harbor data transfer framework is invalid because the Commission failed to determine that the protection...more

European Court of Justice Invalidates Safe Harbor Adequacy Finding: Organizations Should Re-evaluate Their Basis for EU-US Data...

On October 6th, the European Court of Justice (ECJ) issued its opinion in Schrems v. Data Protection Commissioner (C-362/14), a case which, among other things, challenged the validity of the European Commission’s 2000 finding...more

With Safe Harbor now “Invalid,” Companies Must Change Data Practices

Europe’s top court ruled that U.S. companies relying upon the “Safe Harbor Framework” data sharing regime to maintain information regarding EU citizens is “invalid.” This means that any company relying upon the Safe Harbor...more

Special Alert: Cross-Border Data Transfers Significantly Impacted by EU Court Decision Invalidating Adequacy of U.S.-EU Data...

On October 6, 2015, the Court of Justice of the European Union (CJEU) in Schrems v. Data Protection Commissioner (“Schrems”) declared “invalid” a decision of the European Commission that the United States-European Union Safe...more

Uncertainty Abounds After EU High Court Invalidates EU-U.S. Safe Harbor Framework

On October 6, 2015, the Court of Justice of the European Union declared invalid the more than 15-year-old EU-U.S. Safe Harbor Framework. Thousands of U.S. businesses have complied with, and thus relied upon, the Safe Harbor...more

EU High Court Invalidates U.S.-EU Safe Harbor Framework

As has been widely reported, the U.S.-EU Safe Harbor – probably the most commonly used method for transferring personal data to the United States – has been invalidated by an EU court. The court’s decision has wide-ranging...more

Did the ECJ Kill the Safe Harbor Framework on E.U.-U.S. Data Transfers?

On October 6, 2015, the European Court of Justice (“ECJ”) ruled in the “Schrems” case that the U.S.-EU Safe Harbor framework on the transfer of personal data from Europe to the United States, was invalid. ...more

"Privacy & Cybersecurity Update - FTC Mobile Privacy Disclosures: Court of Justice of the European Union Declares US-EU Safe...

“Decision 2000/520 is invalid.” With those four words, the Court of Justice of the European Union (CJEU) sent shock waves through the European and U.S. business communities on October 6, 2015, with a landmark decision finding...more

European Court of Justice Strikes Down Safe Harbor

In a momentous judgment, the European Court of Justice (“ECJ”) today invalidated the European Commission’s decision establishing the E.U.-US Safe Harbor for transfers of personal data (“Safe Harbor Decision”). The ruling was...more

2015 Legislative Update: Summary Of Changes In School Law

ADMINISTRATION - LALI’S LAW (HEROIN CRISIS ACT) - Public Act 99-0480 - Effective Date: September 9, 2015 - School districts, public schools, or nonpublic schools may now authorize a school nurse or trained...more

Questions Remain About Social Media Privacy Rights During Workplace Investigations

Employees’ social media activities often play a key role in workplace investigations. For example, an employee may complain that a coworker sent a harassing Facebook message or posted something offensive on Twitter...more

Weekly Privacy Tip #3 – Know how apps are accessing and using your constant location

Everyone loves their smartphone. Everyone loves the newest app. Angry Birds has lots of company now. But most people don’t know the back end of apps and how they are accessing, using and selling your data. Why? Because no one...more

Boston’s MBTA joins the bluetooth beacon bus –it will now track the movement of its riders

If you don’t think you are being tracked as you move around Target or Macy’s or even through a local museum, you must not have a smartphone. Many companies are now using beacons –or stationary devices that measure the...more

European Court of Justice Ruling on Validity of U.S.-EU Data Sharing Agreement Scheduled for October 6

Following up on an opinion issued on September 23 by the European Court of Justice Advocate General Yves Bot, the European Court of Justice is scheduled to issue its ruling on the validity of the U.S.-EU Safe Harbor Program...more

Schrems v. Irish Data Protection Commissioner: some further thoughts

As the dust begins to settle after the headline-grabbing Advocate General opinion in the Schrems v. Irish Data Protection Commissioner it may be worth considering some of the other potential implications arising from that...more

EU Court Opinion Puts Pressure on Reform of U.S.-EU Safe Harbor for Data Transfers

A European court has taken an initial step toward invalidating the U.S.-EU Safe Harbor Framework, one of the primary means for transferring personal data of Europeans to the U.S. It adds more pressure on EU authorities and...more

PAC Finds Student Discipline Records, Even if Redacted, Identified Students and Were Exempt from FOIA

The Illinois Attorney General’s Public Access Counselor (PAC) issued a non-binding opinion that provides guidance on what constitutes a school student record as provided in the Illinois School Student Records Act (ISSRA) and...more

Sixth Circuit Weighs In On Prior Express Consent

Under what circumstances does a person give his “prior express consent” to be contacted on his cellphone by a creditor? The Sixth Circuit recently examined that very question in Hill v. Homeward Residential, Inc., where it...more

SEC Seeks Increased Access to Email

Jacqui Merrill, an Associate at The Volkov Law Group, joins us with a posting on the SEC’s request for increased access to emails. In a Senate Judiciary Committee meeting held on September 16, 2015, Securities and...more

FCC Cites Two Companies over Unauthorized Telemarketing Allegations

On September 11, the FCC issued citations against a Pennsylvania-based financial institution and a transportation network company (TNC), alleging that both companies engaged in unlawful business practices by infringing...more

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