Surveillance

News & Analysis as of

Repeated, Small Insider Trades Draws SEC Sanctions

Repeated insider trading, no matter how small the amounts, is likely to be found by the SEC’s big data approach to surveillance. A former vice president of a retail chain learned this lesson the hard way. SEC v. Hammon, Civil...more

An Injured Third Party’s Knowingly False Deposition Testimony Establishes the Materialty Component for Insurance Fraud

On May 13, 2006, Edward Feierstein was driving home from his Philadelphia fitness club when his car was rear-ended. Two days later, Feierstein filed a claim with the tortfeasor’s liability insurer seeking reimbursement for...more

Data Transfer Without Safe Harbors

European privacy law is a bold new world for U.S. businesses doing business in Europe. An October Court of Justice ruling struck down the Safe Harbor arrangement which had governed E.U.-U.S. data transfer transactions for...more

EU Institutions Weigh In on Commission’s EU-U.S. Privacy Shield Proposal

Last week has seen two important developments in relation to the EU-U.S. Privacy Shield (“Privacy Shield”) for transfers of personal information from Europe to the United States. A draft adequacy decision and related...more

FDA Regulatory and Compliance Monthly Recap – May 2016

FDA draft guidance provides recommendations on use of electronic health record data in clinical trials - The draft guidance provides recommendations on deciding whether and how to use EHRs as a source of data in clinical...more

International Data Transfers Face Further Setbacks: MEPs and the EDPS Reject the Privacy Shield & the Adequacy Challenge Spreads...

The options available to EU organisations for lawfully transferring personal data from Europe to the United States appear to be dwindling. In particular, there have been further setbacks to the approval of the Privacy Shield...more

EU Law Making Bodies Entered into an Agreement on the New EU Medical Devices Regulations on May 25, 2016

On May 25, 2016, the European Parliament, European Council and the European Commission agreed on new rules regarding the approval and surveillance of medical devices and in vitro diagnostics for the European market. The...more

The End of the “Safe Harbor” Rule for E.U./U.S. Data Transfer: How Can Companies Transfer Personal Data and Remain Compliant?

Directive 95/46/EC of 24 October 1995 - Articles 25 and 26 - The transfer of personal data to a third country is allowed: ..if the third country ensures an adequate level of protection; the Commission can...more

UK relies on EU Treaty exception to avoid “anti-FISA” data transfers clause in European General Data Protection Regulation...

In a written statement to Parliament, Baroness Neville-Rolfe confirmed the UK Government’s view that the Treaty on the Functioning of the European Union (“TFEU”) means that Article 48 of the GDPR does not apply to the UK....more

U.S. Senate Judiciary Committee Holds Hearing On FISA

On Tuesday, May 10, the Senate Committee on the Judiciary (the “Judiciary Committee”) held a hearing titled “Oversight and Reauthorization of the FISA Amendments Act: The Balance between National Security, Privacy and Civil...more

Innocents Abroad: Privacy considerations for employees working abroad

Dear Ned, I understand that one of your employees will be engaging a six-month temporary assignment around Europe to scope market opportunities, and you’d like to have a better understanding of what to be thinking about...more

To Save Secrecy Lawsuit, Twitter Must Challenge DOJ’s Decision to Classify Surveillance Requests

This month, a federal judge dismissed Twitter’s lawsuit challenging limits on the disclosure of government requests for information on Twitter users, pressing the company to file an amended complaint contesting the...more

Come Back With a Warrant: Proposed Rule Change Expands the Government’s Ability to Access Electronically Stored Information in...

On April 28, 2016 the United States Supreme Court proposed a modification to Federal Rule of Criminal Procedure 41 that significantly alters the manner in which the government can obtain search warrants to access computer...more

Maritime and space industries testing unmanned aircraft technology for surveillance

In response to the migrant crisis in Europe, the European Space Agency and the European Maritime Safety Agency have selected the unmanned aircraft system TEKEVOR for testing the benefits of deploying unmanned aircraft for...more

Privacy Shield Update: A Recap of Recent Developments

On April 13, 2016, the Article 29 Working Party (WP29), an influential group of European data protection authorities, issued a non-binding opinion that criticized certain elements of the fledgling Privacy Shield framework....more

UK Financial Regulatory Developments - April 2016 #23

PSR reviews competition in the payments sector - Carole Begent, PSR Head of Legal, has given a review of competition in the payments sector. She discussed the three ways in which concurrency can be approached, namely the...more

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

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