News & Analysis as of

Data Retention

Collection of Biometric Data Raises Privacy Concerns for Employees and Compliance Issues for Employers

by Fisher Phillips on

Many of us have become comfortable with the convenience of logging into our laptops or smartphones using a fingerprint scan in lieu of remembering yet another password. We are familiar with television and movie portrayals of...more

Tending Your Garden: Why Information Governance Should be an Ongoing Process in Your Organization: eDiscovery Best Practices

by CloudNine on

...Jim’s post below highlights the importance of a strong information governance program and how creation of a data map can be a key component to that IG program. Complying with the management requirements of personal data in...more

Privacy Matters, Featuring Data Flows - February 2018

This issue of Privacy Matters examines the flow of personal data. Creating a data map is a quick way to identify, understand and record what happens to any personal data you have. Data maps should be kept on file and should...more

Blockchain and Privacy

Discussions about “blockchain” technology seem to be everywhere these days, with potential applications spanning industries as diverse as banking, healthcare, real estate, law enforcement, entertainment, and even wine and...more

Glitch in the Matrix – The Vital Role of Communication Between All Stakeholders in eDiscovery: eDiscovery Best Practices

by CloudNine on

...Jim’s post below highlights the importance of communications between all stakeholders in the discovery process.... ...In an article by Morgan Chalfant at The Hill posted on January 25th, it was reported that text...more

Facial Recognition in Retail: “Attention all Shoppers: We Already Know Everything about You”

by Goulston & Storrs PC on

Are you worried that “Alexa” is listening to your conversations? Do you cover your laptop camera with tape and refuse to store your passwords on your devices? Well, it looks like even stepping into the mall may require a...more

Courts Are Closely Following Amended Rule 37(e)’s Limits on Sanctions for Lost Electronically Stored Information

by Jones Day on

Within two years of its implementation, several cases show that amended Rule 37(e) is having its intended impact, as judges are carefully applying the criteria articulated in the Rule prior to ordering curative measures or...more

Sign and Submit by February 15, 2018: NYDFS Cybersecurity Certification Due Date Nears as Additional Compliance Requirements Close...

by White & Case LLP on

Since the New York Department of Financial Services ("NYDFS") issued its Cybersecurity Requirements for Financial Services Companies regulation ("Cybersecurity Regulation") on March 1, 2017, organizational efforts to meet...more

ESI, ROT, and LBJ – Thoughts on Data Management While Visiting the Lyndon Johnson Presidential Library: eDiscovery Trends

by CloudNine on

...A few weeks ago, I took a road trip from Oregon to Austin, Texas as a way to ring in the new year. A friend met me there, and one of the things we’d hoped to do (besides listen to a lot of live music) was visit the LBJ...more

Privacy Perils: Now You See Me ...

by Bass, Berry & Sims PLC on

In the ongoing and contentious litigation between Uber and Google's autonomous (self-driving) vehicle unit (Waymo v. Uber), allegations have arisen that one party has hidden relevant information, in part by use of...more

The Next Step toward Open Government – Preserving Text Messages

by Ruder Ware on

The Wisconsin Public Records Board is looking into the next step in preserving open government, which is how to save text messages and social media messages authored by local government officials. The Public Records Board...more

Litigants Alleging Procedural Violations of Illinois Biometric Privacy Statute (BIPA) Are Not “Aggrieved” Parties That May Seek...

As 2017 drew to an end, we noted the continuing flood of Illinois biometric privacy suits filed over the past year. There are literally dozens of cases pending, most in Illinois state courts, alleging violation of Illinois’s...more

Wrapping Your Privacy Practices Up with a Bow

by Ward and Smith, P.A. on

For many companies, the "hap-happiest season of all" coincides with the busiest season of all. Business owners and employees are racing to fill customer orders in time for the holidays, which also means an avalanche of new...more

Evaluating Privacy And Data Security Needs To Be Part Of Your Due Diligence Process

by Roetzel & Andress on

Given today’s regulatory and commercial environment, when considering a potential acquisition, priority should be given to evaluating the target’s privacy policies and data security measures. Information technology assets and...more

Insurance Commissions Approve Data Security Model Law

The National Association of Insurance Commissioners (NAIC) has approved its draft of the Insurance Data Security Model Law (Model Law) via a meeting of its Executive and Plenary Committees. This important development follows...more

Appeals Court Affirms Dismissal on Standing Grounds of Biometric Privacy Suit over Videogame Facial Scan Feature

With the flood of Illinois biometric privacy suits lodged against employers in recent months, and multiple biometric privacy suits against social media and other mobile platforms currently pending over the use of photo...more

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,, received preliminary approval of an $11.2 million class action settlement. This settlement seeks to resolve a number of consolidated lawsuits...more

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