News & Analysis as of

Data Collection

LegalTech 2018 Starts in a Week!: eDiscovery Trends

by CloudNine on

While “Legalweek”, starts next Monday, LegalTech New York 2018, starts next Tuesday, January 30 and concludes on Thursday, February 1. For us at eDiscovery Daily, it’s our eighth year in a row covering the show and we’ll be...more

Getting Past Spectre and Meltdown: A Practical Guide

Recently, there has been a lot of discussion regarding the Spectre and Meltdown vulnerabilities. This alert provides a simple overview of what these vulnerabilities are, what systems could be affected, as well as steps that...more

The Uber Breach and the Need for an Independent Privacy Function

The 2016 data breach involving 57 million Uber riders and drivers and the ensuing efforts to conceal the breach appears to have tapped into the public’s — and the government’s — frustration with a series of increasingly large...more

DOJ: Seek Data from the Business Enterprise, Not Its Cloud Provider

Where does the U.S. Department of Justice (DOJ) turn when it needs business enterprise data stored on the cloud for a criminal investigation? According to a recent DOJ memo, the default rule is now turn to the business...more

Illinois Appellate Court Employs Spokeo-type Reasoning to Hold Biometric Data Class Action Should be Dismissed for Lack of Actual...

The desire to avoid Spokeo’s standing requirements constitutes yet another reason for class action plaintiff’s counsel to seek to litigate in state courts, as state courts may not require a Spokeo injury-in-fact test to...more

Understanding eDiscovery in Criminal Cases, Part Three: eDiscovery Best Practices

by CloudNine on

...The government will usually get its ESI by consent or warrant. Typically, when the federal government seeks data in criminal cases (and most states have a similar procedure), it requests a search and seizure warrant by...more

Google App Disables Art-Selfie Biometric Comparison Tool in Illinois and Texas

We have been closely following the legal and legislative developments relating to biometric privacy, and in particular, the flow of litigation under the Illinois biometrics privacy law. It was interesting to see how the...more

IoT Device Companies: COPPA Lessons Learned from VTech’s FTC Settlement

by Patrick Law Group, LLC on

In “IoT Device Companies: Add COPPA to Your "To Do" Lists,” I summarized the Federal Trade Commission (FTC)’s June, 2017 guidance that IoT companies selling devices used by children will be subject to the Children’s Online...more

FFIEC Finalizes Proposed Revisions to the Call Report in Effort to Reduce the Burden of Reporting

by Weiner Brodsky Kider PC on

The FFIEC has finalized updates to the Consolidated Reports of Condition and Income (“Call Report”) with the goal of reducing the burden associated with Call Report data collection and reporting requirements and implementing...more

Appellate Court Limits Who May Sue Under Biometric Information Privacy Act

by Jones Day on

As noted in a prior Commentary, plaintiffs continue to bring a flood of lawsuits under Illinois' Biometric Information Privacy Act ("BIPA") against companies that collect, use, or store biometric identifiers. Many of these...more

Settlement Offers Guidance on What “Reasonable” Security Means Under COPPA

The FTC’s COPPA Guidance does an admirable job explaining the basics of what a business needs to do to comply with COPPA, but is vague as to how a business must protect personal information collected from children. The COPPA...more

Six Flags Survives Biometric Law Roller Coaster Courtesy of Appellate Court

Companies that collect and store biometric information from their customers and employees received good news from an Illinois appeals court in late December, a much-needed win in an area that has seen a massive rise in class...more

Meeting GDPR Requirements - Is Your E-Discovery Process Ready for the EU’s New Data Privacy Rules?

by Zapproved LLC on

Buzz is building around the European General Data Protection Regulation (GDPR) which becomes law May 25, 2018 — and for good reason. The GDPR’s strict personal data guidelines require that all companies doing business and/or...more

OCC and FDIC Announce Examiner Guidance Regarding Mortgage Disclosure Act Data Collection

by Shearman & Sterling LLP on

The US Office of the Comptroller of the Currency and the US Federal Deposit Insurance Corporation issued statements providing guidance for examiners with respect to data collection by financial institutions pursuant to...more

Actual Injury Required to Sue Under Illinois Biometric Information Privacy Act

In recent years, the use of biometrics in business has been growing. In the employment context, for example, some employers use biometric time clocks, which allow employees to “clock in” with a fingerprint or iris scan....more

Data Maps and Data Inventories

by Bryan Cave on

Knowing the type of data that you collect, where it is held, with whom it is shared, and how it is transferred is a central component of most data privacy and data security programs. The process of answering these questions...more

Senator Warren claims CFPB data collection freeze unjustified

by Ballard Spahr LLP on

In a letter to Leandra English and Mick Mulvaney, Senator Elizabeth Warren calls the freeze imposed by Mr. Mulvaney on the CFPB’s collection of personally identifiable information (PII) “unjustified.” (Not surprisingly,...more

FTC Announces Settlement Involving Connected Toys

by Kelley Drye & Warren LLP on

Earlier this week, the FTC announced its first settlement involving internet-connected toys. The FTC alleged that the Kid Connect app used with some of VTech’s toys collected personal information from hundreds of thousands of...more

GDPR: Ready for the EU’s New Data Privacy Law? What You Need to Know

by Knobbe Martens on

What is the GDPR? The European General Data Protection Regulation (GDPR) is a new law going into effect on May 25, 2018 that grants European residents broad, never-before-recognized data privacy rights, and imposes...more

Hey, You, Get Off Of My Cloud – New DOJ Approach To Remote Data Storage

by Bracewell LLP on

Last month, the Department of Justice’s Computer Crime and Intellectual Property Section, Criminal Division (“CCIPS”) issued new guidance advising prosecutors seeking enterprise customer data stored “in the cloud” to attempt...more

U.S. Employers With EU Employees Gearing Up For GDPR

by Jackson Lewis P.C. on

With the continuing parade of high profile data security breaches, the concern U.S. organizations have about the security of their systems and data has been steadily growing. And rightly so. Almost every organization...more

Recent Illinois Appellate Court Ruling Could End The Recent Flood Of Class Action Lawsuits Against Employers Under Illinois'...

by Littler on

Since mid-September 2017, more than 50 employers that use “biometric timeclocks” in Illinois have been targeted with class action lawsuits alleging violations of the state’s Biometric Information Privacy Act (“BIPA”). A...more

Private Rights of Action under Illinois Biometric Privacy Statute Sharply Limited

by Ropes & Gray LLP on

On December 21, 2017, a three-judge panel of the Second District Appellate Court of Illinois significantly narrowed the ability of plaintiffs to bring a private right of action under Illinois’ Biometric Information Privacy...more

Collecting Information From Children

by Bryan Cave on

The United States has relatively few restrictions on collecting information from children off-line. Efforts to collect information from children over the internet, however, are regulated by the Children’s Online Privacy...more

Tribute to Ray Thomas – Using Updates and Feedback in a Compliance Program

by Thomas Fox on

How best can you feeds updates back into your compliance program? Before we address that issues, I am sad to report that founding Moody Blues member Ray Thomas died last week....more

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Cybersecurity

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