News & Analysis as of

Data Collection

Ohio Proposes Act to Incentivize Consumer Data Security

by Benesch on

Legislation was recently introduced in Ohio encouraging businesses to take steps in protecting consumer data. Ohio Senate Bill 220, The Data Protection Act (the “Act”), provides businesses that take certain commercially...more

Biometric Data in the Workplace Could Trigger Privacy Litigation Wave

by Jones Day on

The Situation: While biometric data (such as fingerprints, facial recognition technology, and iris scans) can be used effectively in the workplace, privacy advocates worry that anonymity could be undermined, and plaintiffs'...more

Here are Some More Up to Date Fun Facts on Big Data: eDiscovery Trends

by CloudNine on

For many of the webcasts that we’ve conducted at CloudNine this year, we’ve noted several big data fun facts that illustrate the challenges that many organizations face in managing increasing volumes of data. But several of...more

Biometric Privacy Targeted In Increased Class Action Litigation in Illinois

by Bryan Cave on

Even as technology advances and consumers become more accustomed to providing their fingerprints in routine, everyday transactions (such as unlocking their cellular phones), private entities, and employers in particular, are...more

The Risky Business of Using Biometric Information: Insurance Coverage Considerations

by K&L Gates LLP on

Illinois has recently entered the litigation spotlight due to the growing number of actions being brought under the state’s Biometric Information Privacy Act (the “Illinois BIPA”). Illinois is one of only several states that...more

How to gather snowflakes: big data, AI and predictive analysis of customers

by DLA Piper on

Ask people to think of something unique, and it doesn't take long before they mention the snowflake: fragile, perfect, utterly individual and completely different from every other snowflake that has ever fallen. And surely...more

Every bit counts: Could Blockchain be a solution for e-mobility?

by Hogan Lovells on

Does blockchain technology open up new avenues in the field of electromobility? Can decentralized processes that are controlled by a large network be used to convert individual mobility on the road to electrified vehicles and...more

FTC’s New COPPA Guidance on Recording Children’s Voices: Five Tips for App Developers and Toymakers to Comply

by Fenwick & West LLP on

The Federal Trade Commission on October 23, 2017, provided guidance on how it will enforce the Children’s Online Privacy Protection Act (COPPA) with respect to audio recordings of children. This comes as part of a wave of...more

Starting Up the CFPB’s No-Action Letter Program

The expanding use of mobile technologies, cloud computing, and the Internet of Things has greatly increased the amount of available consumer data. The ability to efficiently process this information has the potential to...more

The Latest on 2017 EEO-1 Reporting Requirements

by Hogan Lovells on

Employers subject to EEO-1 reporting were relieved to learn that the controversial new pay data reporting requirement for this year’s EEO-1 report was recently suspended. ...more

FTC Seeks Public Comment on Sears’ Petition to Modify Order Regarding Software Tracking Application

by Balch & Bingham LLP on

The FTC is seeking public comment on a petition by Sear’s to reopen and modify its 2009 consent order to restrict the broad definition of “tracking application”. In 2009, the FTC issued an order settling charges that Sears...more

Voice-Activated Devices May Collect Audio from Children

by Morgan Lewis on

A new FTC policy eliminates the requirement to obtain parental consent to collect a recording of a child’s voice in certain circumstances....more

FTC Speaks Out on Children’s Voice Recordings

In a new Enforcement Policy Statement, the Federal Trade Commission (FTC) decreased the burden for operators with regard to the collection of certain audio voice recordings of children under the age of 13....more

Peer Review Not Protected: U.S. Supreme Court Will Not Disturb Florida Decision Limiting the Patient Safety and Quality...

by Baker Ober Health Law on

A multi-year discovery dispute regarding the adverse medical incident reports of a Jacksonville, Florida hospital concluded on October 2, 2017 when the United States Supreme Court denied a petition for a writ of certiorari in...more

Empowerment or Intrusion? The College Transparency Act of 2017

Stating the obvious, college is one of the most important and expensive investments Americans make. In addition to tuition costs, from a consumer perspective, other factors should be important in deciding on a college,...more

Do You Have “Security Fatigue”?

Every day it seems a new data security breach has occurred, a new “cyber hack” is in the news…making us run to our phones, computers, bank accounts, you name it, to see if we could be the “one” affected. As a result, more and...more

Privacy Perils: Driverless Cars Are the Future, But Are There Privacy Potholes Ahead?

by Bass, Berry & Sims PLC on

Driverless cars are no longer a far-off pipe dream. Look for Hyundai and Toyota to showcase their driverless models at the upcoming 2018 and 2020 Olympics (in South Korea and Japan, respectively). Many predict that within 10...more

Addressing the Inconsistent Email Address: eDiscovery Best Practices

by CloudNine on

I recently had a client who was trying to search a fairly sizable archive in CloudNine (about 2.75 TB comprised of several million documents) and searching for emails to and from a given custodian. That search proved a...more

Biometric Information Privacy Act (BIPA): A Checklist for Defendants

by Locke Lord LLP on

The rising tide of litigation under Illinois’s Biometric Information Privacy Act (BIPA) shows no sign of ebbing anytime soon. No industry is immune, and here’s what companies should consider if they’ve been named as a...more

Behavioral Advertising: What Companies Need to Know About Evolving Advertising Technologies

by McGuireWoods LLP on

Rapidly changing and complex technology, the rise of “Big Data” and an increasing focus on digital advertising has made advertising legal compliance an increasingly complex area for companies. In-house attorneys and their...more

Litigation Under Illinois Biometric Information Privacy Act Highlights Biometric Data Risks

by K&L Gates LLP on

Since June 1, 2017, over thirty class actions have been filed in Illinois alleging claims under the Illinois Biometric Information Privacy Act (“Illinois BIPA”), which regulates the use and retention of biometric...more

Smart-Home Devices: The Good Stuff

Gadgets with Bluetooth technology, USB ports and wireless capabilities flood the market. Such specialized products adjust air-conditioners, play music and turn on lights. They also can tell whether a particular room in the...more

New Audits and Penalties on Medicaid Plans and Providers Related to Encounter Data in Value-Based Payment Models

by Epstein Becker & Green on

For value-based payments, encounter data[1] provides valuable information in much the same way that claims data does for fee-for-service arrangements. With the growing prevalence of value-based payments, especially in the...more

To Scan or Not to Scan: Surge in Lawsuits under Illinois Biometrics Law

by McDermott Will & Emery on

The Illinois Biometric Information Privacy Act is having its moment. At least 32 class action lawsuits have been filed by Illinois residents in state court in the past two months challenging the collection, use and storage of...more

From the Mouths of Babes: FTC Issues COPPA Enforcement Policy Regarding Voice Recordings

by BakerHostetler on

On October 23, the Federal Trade Commission (FTC) released new guidance on how the Children’s Online Privacy Protection Act (COPPA) Rule may apply to audio recordings of children’s voices collected by websites and online...more

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Cybersecurity

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