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The Constitution Protects Faces in the Crowd

Unlimited law enforcement application of facial recognition software to surveillance footage is an unreasonable search and a violation of Constitutional rights for people in a peaceful crowd. An officer should need to...more

Take Video, But Secure a Warrant to Run Facial Recognition Software

Last week’s tech company announcements about facial recognition software startled me, but probably not for the reason you might imagine. Amazon, IBM and Microsoft all boosted their socially conscious credibility by moving...more

Surveillance Society Meets Political Protest

You are being watched. And in these trying times of COVID-19 and major political protests, surveillance matters. It seems everyone is making judgments about whether we protect ourselves or society when we leave the...more

Why Privacy Matters

Although it seems that every day less people care about their privacy, the ability to maintain parts of your life as private remains crucial to our democracy, our economy, and our personal wellbeing. Many people expose their...more

CCPA Draft Regulations v2.0 and the Uncertainties Continue

Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. CCPA can apply to businesses even if they do not have offices or employees in California. It can...more

CCPA Compliance: Thorny Practical Questions (Almost 1 Month to Go)

This is one of several client alerts in a series counting down to the date when CCPA applies (Almost 1 month to go) - The California Consumer Privacy Act (CCPA) takes effect for businesses January 1, 2020. Don’t wait to...more

New CCPA Changes/Clarifications; Some Final, Some Contingent (2 Months to Go)

This is one of several client alerts in a series counting down to the CCPA effectuation date. Don’t wait to implement your California Consumer Privacy Act (“CCPA”) compliance mechanisms as changes to your operations may be...more

CCPA Amendments Update

Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. As a reminder, the CCPA takes effect January 1, 2020 and can apply to businesses even if they do...more

A Likely Crisis for Data Transfers to the UK post “No-Deal Brexit”

If your company holds or collects data in the US, the UK and elsewhere in the EU, you should be mapping out how data flows through those jurisdictions in anticipation of the UK “crashing out” of the European Union in October,...more

Illinois Law Regulates Use of AI In Video Interviews

On August 9, 2019, Illinois’ governor signed the Artificial Intelligence Video Interview Act (Act), into law, and will take effect on January 1, 2020. The Act governs an employer’s ability to use artificial intelligence...more

Hamburg Data Protection Commission: Declaring a Data Emergency

On August 1st, the Hamburg Commissioner for Data Protection and Freedom of Information announced that the Hamburg Data Protection Commission (HDPC) had opened an administrative procedure to prohibit Google from carrying out...more

CCPA Compliance: Are you Ready for PI 2.0? (5 Months to Go)

Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. CCPA can apply to businesses even if they do not have offices or employees in California. It can...more

NYC Moves to Prohibit Sharing of Location Data

New York City (NYC) Council members are proposing unprecedented action to curb location data sharing. The City Council bill to ban the sharing of cellphone users' geo-location data to marketers was presented for debate after...more

Privacy Shield: If You Got It – Flaunt It; If Not – Don’t

One of the EU’s chief complaints against US privacy practices is the lack of enforcement of the EU-U.S. Privacy Shield Framework (Privacy Shield). Last week we saw a US enforcement action that may allay this concern. The US...more

New York: Reasonable InfoSec or Not Reasonable InfoSec? That Is The Question.

Last week, the New York State Senate, at the request of the state attorney general, passed the “Stop Hacks and Improve Electronic Data Security Act” (the “Shield” Act). The bill is currently working its way through the New...more

Top 10 Things to Do to Prove CCPA Compliance (7 Months to Go)

Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance. California’s new privacy law goes into effect January 1, 2020. Consumer lawsuits are expected to follow shortly after implementation. CCPA can...more

Oregon: Vendor Meet Regulator, Regulator Meet Vendor

Oregon amended its data breach notice statute (ORS §§ 646A.600 – 646A.628) on May 24, 2019. Beginning January 1, 2020, Oregon will be the first state to explicitly require vendors to notify the attorney general about data...more

Are Employees Classed as Consumers? California State Assembly Speaks to This and Other Concerns

The California State Assembly has passed several amendments to the California Consumer Privacy Act (CCPA) this legislative session. Among the total of four CCPA amendments that were passed in the Assembly this week, two have...more

Georgia Supreme Court: The State Is Not Its Citizens’ Data Keeper

According to the highest court in the state, Georgia state government does not have an inherent obligation to protect citizens’ personal or sensitive data like social security numbers or status on the unemployment rolls. This...more

Our Way or the Huawei: Are Your Fintech Contracts Ready for a National Emergency?

Most of the reaction to Donald Trump’s sweeping new Executive Order, declaring a national emergency to combat “the ability of foreign adversaries to create and exploit vulnerabilities in information and communications...more

Do Your Vendor Contracts Comply with CCPA?

Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. CCPA can apply to businesses even if they do not have offices or employees in California. It can...more

CCPA Task Force

California’s Consumer Privacy Act (CCPA) will go into effect on January 1, 2020. CCPA can apply to businesses even if they do not have offices or employees in California. For-profit businesses that collect or use personal...more

Urgent Message: Privacy Shield Notices Need Updating Before No-Deal Brexit Withdrawal Date

Privacy Shield participants must update their privacy notices by March 29, 2019 (if the UK crashes out of the EU then with no deal) to continue to rely on the Privacy Shield for UK to US transfers post-Brexit. Privacy Shield...more

Be Thankful I Don’t Take It All – France Moves to Tax the Value of Data

Were the Beatles still recording today, they might have to add this verse to Taxman. As what will surely be the opening salvo in government efforts to find ways to recapture the value of the personal data upon which so much...more

Tracking Your Every Move: Investigation Finds Telecom Giants Sold Customer GPS Data

Who can track your location through your smartphone? The phone companies have the ability to do so, and until recently, have been selling your location data to private companies so that bounty hunters and creditors could...more

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