News & Analysis as of

Data Retention

Transportation Company Policies & Procedures for Retention of Electronic Control Module Data

by Wilson Elser on

On September 11, 2017, the U.S. District Court, Northern District of Alabama issued an opinion in Barry v. Big M Transp., Inc., Case No. 16-CV-00167, that addresses when, and what type of, sanctions are warranted when a...more

Equifax and SEC Breaches Show You Can’t Hide from Hackers

by Wilson Elser on

Cited as one of the largest incidents of its kind in history, the recent Equifax data breach underscores that every business and individual is vulnerable to theft of sensitive information by unscrupulous hackers. In less than...more

Wow! Illinois Biometric Privacy Suits Proliferate

This month, in one of the many recently-filed Illinois biometric privacy suits, a class action complaint alleging violations of Illinois’s Biometric Information Privacy Act (BIPA) was lodged against Wow Bao, a restaurant...more

Why Was Facebook Fined by AEPD?

Today, the Spanish data protection agency (AEPD) fined Facebook 1.2 million euros ($1.4 million USD) in connection with how the company collects personal data for advertising purposes. The AEPD said Facebook did not get...more

Hogan Lovells supports Vodafone Group in its 2017 Law Enforcement Disclosure Statement

by Hogan Lovells on

Earlier this year Vodafone Group (“Vodafone“) published an update to its Law Enforcement Disclosure Statement (“Statement“), including an annexe summarizing law enforcement and encryption laws in 28 countries. The Statement...more

Part Two: Abandoned Mines and Data Retention Policies

by McGuireWoods LLP on

As discussed in Tuesday’s post, in addition to taking reasonable precautions to secure data, companies should consider whether they have an affirmative duty to destroy data in the United States – to clear the explosives out...more

Abandoned Mines and Data Retention Policies: Time to Clear the Explosives Out of the Shed

by McGuireWoods LLP on

Visit the remains of a nineteenth century gold mine and you may find, far away from the main camp, a lonely little shack. It may be surrounded by trees, or tucked into the crook of a hillside, but it has a distinctly...more

Retailers: Review Those Checkout Practices – Again

If you are a retailer with locations in New Jersey, you will need to review your procedures in anticipation of a new law effective October 1, 2017....more

Ashley Madison Data Breach Results in $11.2 Million Settlement

by Fisher Phillips on

On Friday, July 21, users of the “married dating” website, ashleymadison.com, received preliminary approval of an $11.2 million class action settlement. This settlement seeks to resolve a number of consolidated lawsuits...more

Special Education Tip – Data Data Data – 41-2017

by Pessin Katz Law, P.A. on

Education is data driven. No area is more data driven than special education. Principals, Assistant Principals, and Supervisors: Make sure you are doing the following...more

Internet Privacy – What the U.S. Can Learn from the European Union

by Pierce Atwood LLP on

With respect to Internet privacy, as a result of recent U.S. government action, Americans now have less protection and are more at risk of government surveillance and potential misuse of their personal information, as...more

Defining the boundaries: Retention of medical records

by Hogan Lovells on

Medical records are of vital importance both in the medical and legal spheres in South Africa. These records contain all vital information pertaining to a patient, their condition, diagnosis and treatment, either in or out of...more

The ECJ Rules on the Compatibility with EU Law of Domestic Data Retention Requirements Imposed on Providers of Electronic...

by K&L Gates LLP on

After its invalidation of the data retention requirements imposed by Directive 2006/24/EC in its Digital Rights Ireland decision dated 8 April 2014, the ECJ was requested to assess the compatibility with the Directive...more

A Host of Biometric Privacy/Facial Recognition Bills Currently Circulating in State Legislatures

We’ve written extensively about the numerous lawsuits, dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). The statute, generally speaking, prohibits an entity from collecting,...more

Biometric Privacy Claims over Facial Recognition Feature in Videogame Dismissed for Lack of Concrete Harm

For the second time in the past six months, a district court has dismissed a lawsuit alleging procedural and technical violations of the Illinois biometric privacy statute for lack of Article III standing. In Vigil v....more

Happy Data Privacy Day! A Few Tips from the MVA Privacy and Data Security Group

by Moore & Van Allen PLLC on

Saturday January 28, 2017 is Data Privacy Day. The Moore & Van Allen Privacy and Data Security group took a break from the pre-holiday revelries to put together some thoughts and tips for DataPoints. So hoist a glass and...more

Seventh Circuit Sheds Light on Spokeo; Affirms Dismissal of Class Action for Lack of Standing

by Benesch on

When Derek Gubala subscribed to Time Warner Cable in 2004, he gave it his birth date, home address, home and work phone numbers, social security number, and credit card information. Gubala canceled his subscription in...more

Document Retention Periods: A How-To Guide

by Bryan Cave on

Data minimization can be a powerful – and seemingly simple – data security measure. The term refers to retaining the least amount of personal information necessary in order for an organization to function....more

CFTC Proposes Greater Flexibility for Electronic Record-Keepers

by WilmerHale on

In a move that affects everyone required under its rules to maintain records, the Commodity Futures Trading Commission's (“CFTC” or “Commission”) is proposing to permit greater flexibility in the technology used for...more

Investigatory Powers Act 2016: How to Prepare For A Digital Age

by K&L Gates LLP on

The Investigatory Powers Act 2016 (the “Act”) received Royal Assent on 29 November 2016. It comes into force in part in January 2017. Its main provisions include granting powers to ministers to issue warrants for intrusive...more

EU Court Strikes Down Security Legislation Over Privacy Concerns

by Dorsey & Whitney LLP on

In a decision published on 21 December 2016, the Court of Justice of the European Union (“ECJ”) invalidated legislation in two EU member states – the UK and Sweden – requiring telecommunication operators to retain users’...more

When Employees Leave With Your Secrets

Recently I shared the podium with an FBI agent who was asked what frustrated him the most when trying to help businesses with trade secret theft. His answer was a surprise: they fire the guy too fast! He explained that when...more

Reasonable Steps to Preserve Evidence Yield More Than Selective Preservation

by Zapproved LLC on

Sec. Alarm Fin. Enters., L.P. v. Alarm Protection Tech., LLC, No. 3:13-cv-00102-SLG, 2016 WL 7115911 (D. Alaska Dec. 6, 2016). Limited sanctions were appropriate under Federal Rule of Civil Procedure 37(e)(1) where a...more

Breaking News: FCC Moves Forward on Eliminating the Need to Maintain a Local Public File

by Pillsbury - CommLawCenter on

Last May, Jessica Nyman and I wrote about the potential impact of an FCC Notice of Proposed Rulemaking proposing to eliminate the requirement that stations keep “Letters and Emails from the Public” in their Public Inspection...more

New York State Department of Financial Services Modifies Proposed Cybersecurity Regulations and Pushes Implementation Date Back to...

On Dec. 28, 2016, the New York State Department of Financial Services (NYDFS) published a revised version of its “Cybersecurity Requirements for Financial Services Companies” (the “Regulations”). The revised Regulations...more

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Cybersecurity

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