Surveillance

News & Analysis as of

U.S. Spy Court Grants NSA Permission To Collect Telephone Records

The U.S. Foreign Intelligence Surveillance Court (“FISA Court”) unsealed an order on April 19, 2016, in which it allowed the National Security Agency (“NSA”) to compel specific telephone records related to an ongoing...more

Texas resident makes claims that Texas drone law is unconstitutional

Last week, Texas resident, Manuel Flores, filed suit in Texas challenging the constitutionality of the state’s drone surveillance law. His suit claims that the law treats approximately 1 million residents categorically...more

Liar, Liar, Pants on Fire! Preventing the Application of the Section 20(a) Presumption with Surveillance

The recent decision of the U.S. Court of Appeals for the Fifth Circuit in Bis Salamis, Inc. v. Director, OWCP (Joseph Meeks), No. 15-60148 (March 17, 2016), highlights how the defense to a claim under the Longshore and Harbor...more

EU Regulators Decline to Support Privacy Shield Agreement

In the latest twist in the ongoing saga of the EU-U.S. Privacy Shield data transfer agreement, EU data protection authorities (commonly known as the Article 29 Working Party) stated on April 13, 2016 that it would not affirm...more

Privacy Shield – Rejected. GDPR – Accepted: What This Means to Your Organization and What You Should Consider Doing Now

The European Union Article 29 Working Party (Article 29) issued an opinion on the proposed EU-U.S. Privacy Shield framework agreement (Privacy Shield) last week, stating that although the Privacy Shield was a “great step...more

Article 29 Working Party has “Strong Concerns” About Privacy Shield

On April 13, 2016, the EU’s Article 29 Working Party issued its much-anticipated statement on the viability of the proposed EU-US Privacy Shield. As we’ve detailed previously, EU and US officials reached agreement on the...more

Privacy Shield does not achieve adequacy of protection under current regime, say EU Data Protection Authorities

On 13 April, the Article 29 Data Protection Working Party (‘WP29’) published its opinion on whether the proposed Privacy Shield programme, which is intended to replace the now-invalid Safe Harbor pact for facilitating...more

Article 29 Working Party Criticizes Privacy Shield

On April 13, 2016, the Article 29 Working Party, which is a group composed of representatives of the national data protection authorities in Europe (“WP29”), published its opinion (“Opinion”) on the EU–U.S. Privacy Shield....more

Privacy Shield Pierced? Article 29 Working Party Expresses Concern with Agreement

The Article 29 Working Party (The Working Party), which includes representative data protection authorities from each EU member country and the European Data Protection Supervisor, issued a 58-page opinion yesterday that...more

EU Data Protection Authorities: Privacy Shield needs more work

European Data Protection Authorities have announced that, in their view, further work is required to ensure the proposed EU-US Privacy Shield provides sufficient protection to European data transferred to the United...more

WP 29 Expresses Concerns About EU-U.S. Privacy Shield

This April 13, the Article 29 Working Party (WP 29, which includes the EU national data protection authorities) expressed its concerns regarding the Privacy Shield during a press conference. The WP 29 will publish its...more

Privacy Shield is on its Way

On March 17, 2016, the Civil Liberties Committee convened to discuss whether the Privacy Shield framework that will replace Safe Harbor provides adequate protection to the data of EU citizens. A number of experts were...more

Mixing Employee Surveillance and Big Data

No doubt, this is big data’s time. Businesses have begun to make decisions based on data and data analytics, rather than relying on gut instincts or business acumen. Data-driven business has proven to be successful, but we...more

EU-US Privacy Shield: Brace Yourself . . . or Maybe Not

On February 29, 2016, the European Commission and United States released the terms of the much-anticipated renewed framework for the transfer, sharing, and processing of European individuals’ data to the United States. The...more

President Obama Signs New Privacy Law – Judicial Redress Act

On February 24, 2016, President Obama signed into law the Judicial Redress Act giving citizens of certain “covered countries” access to U.S. courts to protect their privacy and take legal action against U.S. government...more

The new Polish Surveillance Act – back door for law enforcement

While US mass surveillance is heavily debated across Europe, the new Polish government swiftly moved to adopt a new set of laws which allow Polish law enforcement authorities extensive access to electronic communications. The...more

Pa. Wiretap Laws Forbid Use of Smart Phone Apps to Record Conversations

The Pennsylvania Supreme Court has delved into the “App Store,” addressing for the first time the use of smartphones and their applications in the context of illegal wiretapping. Pennsylvania’s Wiretap Act forbids the...more

EU-U.S. Privacy Shield Agreement Released

On February 29, 2016, the European Commission released the full text of the new EU-U.S. Privacy Shield framework that will govern the transfer of personal data between the European Union and the United States. The EU and U.S....more

Rival Court Decisions Reflect Shifting Views on Privacy in Public

With the spotlight on one high-profile battle that pits privacy rights against public safety interests, another crucial, similar dispute is making its way through the courts. How to evaluate new technology and its potential...more

“Privacy Shield” to Replace Safe Harbor as a Path for Transatlantic Transfers of Personal Data

Attorneys in WilmerHale's Cybersecurity, Privacy and Communications Practice recently wrote about the new EU-US Privacy Shield rolling out to replace Safe Harbor. We wanted to share this content with our startup audience as...more

Utah Proposal Legislation Would Allow Security Cameras within Assisted Living Rooms

On February 1, 2016, the Utah Legislature's House Health and Human Services Committee debated proposed legislation permitting an assisted living facility resident, or their representative, to install a video or audio...more

U.S. Regulators Disagree On Government Access To Encrypted Information

On January 25, 2016, at the State of the Net Internet Policy Conference in Washington, D.C., Assistant Attorney General Leslie Caldwell from the Department of Justice and Commissioner Terrell McSweeny from the Federal Trade...more

The New E.U.-U.S. Privacy Shield: What You Need To Know

The European Union (E.U.) College of Commissioners has approved an agreement between the E.U. and the United States regarding the transatlantic data flow of E.U. citizens' personal information. Referred to as the E.U.-U.S....more

EU-US Data Transfer Privacy Shield: Political Agreement Achieved Regarding “Safe Harbor 2.0”

Significant uncertainty and concern regarding US companies’ ability to process and use personal data received from the EU has loomed since the October 2015 decision by Europe’s highest court invalidating the EU-US Safe...more

Safe Harbor is dead, long live Safe Harbor!

News broke late February 2, 2016 that the United States and the European Union Commission have agreed upon a revised and updated version of the U.S.-EU Safe Harbor, providing a new framework for transfers of personal data...more

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