News & Analysis as of

Surveillance

CAS Legal Mailbag Question of the Week – May, 2017 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I am new to my position as principal of a small elementary school and, frankly, I am surprised at how low energy my teachers are. It seems to me that they do the absolute minimum whenever they...more

Computer Surveillance by Employers: Finding the Balance between Business Interests and Employee Privacy Rights

by Dickinson Wright on

As the use of computers and computer activity becomes more pervasive in the workplace, employers are facing new challenges. Generally speaking, greater network connectivity should be welcomed by employers. However, the use of...more

Employment News - March 2017 #1

by Hogan Lovells on

Missing the jackpot – High Court awards nominal damages for breach of confidentiality - Marathon Asset Management LLP v Seddon arose out of a team move from an investment management business (MAM). Prior to leaving...more

Sky Pilot Replaces SEC’s RoboCop

by Dorsey & Whitney LLP on

The SEC has become “Sky Pilot” (borrowed from the rock song sung by Eric Burden and The Animals) in an effort to fret out financial fraud. In the past evidence of financial fraud may have come from a whistleblower. Staff...more

Geolocation Privacy and Surveillance Act Introduced in US Congress

by Morgan Lewis on

On February 15, the Geolocation Privacy and Surveillance Act (GPS Act) was introduced by a bipartisan group of US Congress members. Designed to enact comprehensive rules for both government agencies and commercial service...more

Polish DPA Releases Data Privacy Inspection Plans – Targets Health, Shopping

by Hogan Lovells on

The Polish Data Protection Authority (GIODO) has just released its inspection plans for 2017. This year, the GIODO has decided to target its review of compliance with data protection laws on the health services and consumer...more

Global Cybersecurity, Surveillance, and Privacy: The Obama Administration’s Conflicted Legacy

In the wake of Edward Snowden’s disclosures, the United States administration faced a daunting series of challenges on surveillance, cybersecurity, and privacy. Congress was reluctant to enact comprehensive legislation....more

Employment Law Letter - Winter 2017

by Shipman & Goodwin LLP on

For many years there has been disagreement about whether or not employees who bring discrimination claims under Connecticut’s Fair Employment Practices Act can get punitive damages (not just compensatory damages for lost...more

EU court strikes down security legislation over privacy concerns

by Dorsey & Whitney LLP on

A recent decision of the Court of Justice of the European Union (“ECJ”) imposes restrictions on the use by member states’ law enforcement and national security agencies of telecommunication traffic and location records as...more

CJEU holds that mass surveillance must not be general and indiscriminate

The CJEU (the European Union Court of Justice) has handed down a decision which makes clear that general and indiscriminate retention of electronic communications is unlawful. National legislation of each European Member...more

The Court of Justice of the European Union Limits the Scope of National Data Retention Laws

by WilmerHale on

On December 21, 2016, the Grand Chamber of the Court of Justice of the European Union handed down another important judgment regarding data privacy in the European Union. The court held that under the Charter on Fundamental...more

Government Surveillance Under a Trump Administration

by Shearman & Sterling LLP on

As the transition of power from President Barack Obama to President-elect Donald Trump continues, industry and consumer-protection groups continue to scrutinize Trump’s appointments, policy positions and tweets for insight...more

Was Spoliation Intentional? Court Will Let Jury Decide: eDiscovery Case Law

by CloudNine on

In Cahill v. Dart, No. 13-cv-361 (N.D. Ill. Dec. 2, 2016), Illinois District Judge John Z. Lee adopted, with modifications, the Report and Recommendation of Magistrate Judge Cox regarding the plaintiff’s motion to sanction...more

Every breath you take, every move you make – the future of measuring workplace productivity

by Seyfarth Shaw LLP on

Technological advances in monitoring and surveillance call to mind the lyrics of The Police’s widely misinterpreted hit, Every Breath You Take. But how will this emerging new frontier play out in workplaces and work...more

Investigatory Powers Act Becomes UK Law

by Morgan Lewis on

The new law gives UK intelligence and law enforcement bodies sweeping surveillance powers. The IPA was introduced in response to recommendations that David Anderson QC made, in his capacity as the Independent Reviewer of...more

UK Surveillance Bill Becomes Law

by King & Spalding on

On November 29, 2016, the United Kingdom’s controversial surveillance bill received royal assent and officially became law. The nearly 300-page law, known as the Investigatory Powers Act 2016, replaces and expands upon the...more

White Collar Crime Law Enforcement in a Trump Justice Department - 8 Predictions

After a conventional presidential campaign, determining the policy priorities and direction of the incoming administration with respect to the Justice Department’s white collar law enforcement responsibilities can be a...more

2016 FERC Enforcement Report: Trends Continue, with More Court Fights

by Morgan Lewis on

The report shows a continued focus on manipulative conduct in energy markets as well as serious mandatory reliability standards violations, but also shows FERC’s increasing caseload in federal court....more

Smarter Devices = More Vulnerability to Government and Criminals

The Internet of Things is upon us with smartphones, smart cars, and self-sensing trash cans. The next decade will see a geometric expansion of the types of objects we fit with sensors and connect to the Web. As these...more

#BigBrother and the Era of Hashtag Surveillance

Earlier this month, the ACLU published a report alleging that it had obtained public records showing that social media user data such as location tracking, photos and hashtag usage may have been used by law enforcement to...more

New Use for Drones on Australian Beaches

In Western Australia’s South West beaches surveillance drones will hit the skies to increase swimmer safety by spotting sharks in the water. This project will take place over a three-month period (from November to January)...more

De-Risking 101

by Foodman CPAs & Advisors on

Bank Secrecy Act of 1970 - Requires U.S. financial institutions to assist U.S. government agencies to detect and prevent money laundering by keeping records of cash purchases of negotiable instruments, and file reports...more

Data protection in video surveillance systems

by Dentons on

Since video surveillance systems involve the capture of images of individuals, Colombian privacy law must be observed when operating such mechanisms. Therefore, the Superintendency of Industry and Commerce issued the...more

Sleep with an Eye Open: The New Age of Hotel Privacy Intrusion

A hotel is a personal place, even if you share it with thousands of other people. The very obscurity in a crowd can make you feel anonymous, and the private living space allows for the most private of conversations and...more

EU-US Privacy Shield Framework Formally Adopted

by Goodwin on

On July 12, 2016, the European Commission formally adopted the Privacy Shield, a new transatlantic framework for the transfer of personal data from the European Union (EU) and certain countries of the European Economic Area...more

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Cybersecurity

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