News & Analysis as of

Data Retention Data Collection

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

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

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

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

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

CJEU holds that mass surveillance must not be general and indiscriminate

The CJEU (the European Union Court of Justice) has handed down a decision which makes clear that general and indiscriminate retention of electronic communications is unlawful. National legislation of each European Member...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 6: Data...

by White & Case LLP on

Why does this topic matter to organisations? The Data Protection Principles provide the conditions on which an organisation is permitted to process personal data. If an organisation cannot satisfy the Data Protection...more

Best Practices For Implementing Internal Security Controls

by Tucker Arensberg, P.C. on

Many security risks can be avoided or mitigated by implementing sufficient internal security controls which are tailored to the organization’s size, needs, and specific industry. The Federal Trade Commission (“FTC”) sets...more

What a Long Strange Trip It’s Been: E-Discovery Travel Guide Prepares Legal Teams for Adventure

by Exterro, Inc. on

The e-discovery process is definitely a trip. With each new matter comes new challenges, variables, data types, and key players—both inside and outside of your organization. And like a road trip, it can be a nightmare or a...more

How to Design a Document Retention Policy

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. Less information...more

Everything but the Kitchen Sink: New Data Types and E-Discovery

by Exterro, Inc. on

Almost any activity we take part in creates data; it no longer resides just on email servers or your laptop or mobile phones. Data resides in the cloud, in apps, on social media, in your watch or fitness tracker. For...more

Data Hoarders: 5 Tips for Managing Large Volumes of Corporate Data Without Sacrificing Defensibility

by Exterro, Inc. on

We've all seen (or at least heard of) the TV show Hoarders. We may even have a few candidates for an episode in our own social circles. I once worked a summer helping clean up a pig farm turned junkyard, and in the first wave...more

Where are the File Cabinets? -- The Changing Face of Data in the 21st Century

by Exterro, Inc. on

When we think of electronic data files, of course we know they aren’t stored in tall metal cabinets with manila cards on the drawer faces denoting what’s inside. That’s so 1986. But even for those of us firmly grounded in...more

Draft Investigatory Powers Bill 2015

by K&L Gates LLP on

On 4 November 2015 the Home Secretary published a Draft Investigatory Powers Bill (the “Bill”), emphasising its importance in combating the increasingly sophisticated communication technologies used by criminals to intercept,...more

How to Conduct a Data Inventory

by Bryan Cave on

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

The thorny issue of retention periods – Insurers Beware

by Dentons on

There is perhaps no issue under Canadian and international privacy legislation that causes as much grief as the issue of what retention period can be applied to data collected by an organization. However, recently the Office...more

FTC Sees Disconnect on Proposed Connected Cars Legislation

by McDermott Will & Emery on

The Energy & Commerce Committee of the U.S. House of Representatives held a hearing on October 21st titled “Examining Ways to Improve Vehicle and Roadway Safety” to consider (among other matters) Vehicle Data Privacy...more

Does Your Website Privacy Policy Need Some Love?

by Lane Powell PC on

Everyone does it, especially startups. You need a privacy policy for your website, and your legal budget is limited. Hop onto Facebook (or Google, or Amazon) — cut, paste and voilà! — your startup has a shiny new privacy...more

Great E-Discovery Teams Include These 5 Roles

by Exterro, Inc. on

If I could give one piece of advice regarding e-discovery processes, cultivate a cross-functional team among Legal, IT e-Discovery and IT Forensics. These relationships are critical to your success and will ultimately make up...more

5 Tips for Quickly Identifying Responsive Data Sources for E-Discovery Collections

by Exterro, Inc. on

Working with IT or your service provider to collect/process from a variety of data sources, like email archives, file shares, legacy backup tapes, SharePoint, etc., can be a painful and complicated ordeal. You don’t...more

New French Act on Intelligence Services: Impacts on Technical Operators

by White & Case LLP on

The newly enacted French legislation on intelligence services ("Loi relative au renseignement") has been almost entirely approved by the French Constitutional Court and shall fully enter into force by December 2015, at the...more

What’s the Biggest Obstacle in Locating Responsive Data for E-Discovery?

by Exterro, Inc. on

Getting to the electronically stored information (ESI) that truly matters to the case as soon as possible is the single best way to reduce e-discovery costs. It also happens to be the biggest challenge. That point was...more

English High Court Declares UK Legislation Expanding Government Powers to Retain and Intercept Data Unlawful

by Latham & Watkins LLP on

The English High Court has declared that UK legislation which expanded government powers to require communication providers to retain communication traffic data is incompatible with human rights, and is unlawful. The...more

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Cybersecurity

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