Popular, Right to Privacy

Post-Facebook v. Duguid Litigation Roundup (UPDATED)

Manatt, Phelps & Phillips, LLP on 10/22/2021

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

UN calls for moratorium on AI systems that pose serious risks to right to privacy and other human rights

A&O Shearman on 9/27/2021

On 15 September 2021, the UN Office of the High Commissioner for Human Rights (OHCHR) published a report, “The right to privacy in the digital age”, that analyses how artificial intelligence (AI), through the use of...more

A Win For Insureds: Fifth Circuit Finds Duty-To-Defend Data Breach Suit Under Personal And Advertising Injury Clause In CGL Policy

Vinson & Elkins LLP on 7/29/2021

Amid high-profile cybersecurity breaches that have spurred regulatory action and encouraged compliance revamps, the Fifth Circuit recently ruled that the Insurance Company of the State of Pennsylvania (“ICSOP”) has a duty to...more

Bare Bitcoins — No Fourth Amendment Privacy in Virtual Currency Records

Freeman Law on 10/27/2020

Virtual currency has been around for a number of years now, and yet many still believe virtual currency transactions provide a level of anonymity and privacy not afforded by other types of monetary transactions. That simply...more

"Hi Alexa, can I trust you?"?

Spirit Legal on 10/2/2020

My team and I regularly carry out Data Protection Impact Assessments (DPIAs) according to Art. 35 GDPR with regard to the deployment of Voice Assistants for private and public bodies in Germany. This article shows my...more

The Distributed Ledger: Blockchain, Digital Assets and Smart Contracts - July 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 8/4/2020

In this issue, we discuss the new initiatives under New York's BitLicense regime that clarify and streamline the regulatory landscape for virtual currency entities doing business within the state. We also examine the...more

The Blunt Truth About Testing Employees For Marijuana in California

McManis Faulkner on 7/2/2019

Despite the legalization of recreational and medicinal marijuana in California, employers maintain the right to enforce a drug-free work environment. In many respects, cannabis is now treated like alcohol; although...more

China to Promulgate More Rules to Expedite Approvals for Genetic Resources Administration

Morgan Lewis on 12/26/2018

The right to privacy in China is generally recognized in the Constitution of the People’s Republic of China and Tort Liability Law. Over the past years, the Chinese government has continued to actively legislate into law a...more

Momentum Building for California’s Consumer Right to Privacy Act Ballot Initiative

Alston & Bird on 6/4/2018

In early May, a group called Californians for Consumer Privacy gathered enough signatures for the Consumer Right to Privacy Act (CRPA) to qualify for the November 2018 ballot....more

A Data Privacy Question that Borders on Reach

Harris Beach PLLC on 2/28/2018

Location, Location, Location. While it is often used to describe a key to selling real estate, the location of a server may be just as important. The United States Supreme Court heard arguments on February 27, 2018, on...more

Data Protection Laws in India

Pillsbury Winthrop Shaw Pittman LLP on 2/7/2018

In August 2017, the Supreme Court of India passed a judgment in the case of Justice K S Puttuswamy vs Union of India (Supreme Court of India, WRIT PETITION (CIVIL) NO 494 OF 2012), in which fundamental rights, as provided in...more

U.S. v. Coinbase: Virtual Currency Holders Not Outside the IRS’s Reach

Dechert LLP on 12/8/2017

The U.S. District Court for the Northern District of California, on November 28, 2017, ordered the international digital currency broker, Coinbase, Inc., to produce to the Internal Revenue Service (IRS) the records of...more

Data Protection Alert - How data protection impacts labor law

Kramer Levin Naftalis & Frankel LLP on 11/29/2017

One of the aspects of digitalization is that it blurs the lines between personal and professional lives of employees. Such acknowledgement is reflected in EU and French laws, notably with regard to teleworking and the right...more

European Court of Human Rights: Monitoring Employee Communications

Faegre Drinker Biddle & Reath LLP on 11/1/2017

In Barbulescu v Romania (Application no. 61496/08) [2017] ECHR 742, the Grand Chamber of the European Court of Human Rights (ECtHR) clarified the right of employers to monitor employees’ private communications in the...more

Privacy & Cybersecurity Update - September 2017

Skadden, Arps, Slate, Meagher & Flom LLP on 9/29/2017

In this month's edition of our Privacy & Cybersecurity Update, we take a look at the first annual review of the Privacy Shield by U.S. and EU officials, and the Federal Trade Commission's first actions alleging Privacy Shield...more

European Court of Human Rights Sets New Boundaries on Monitoring Employees in the Workplace

Faegre Drinker Biddle & Reath LLP on 9/26/2017

The Grand Chamber of the European Court of Human Rights (ECtHR) has clarified the law surrounding the monitoring of employees’ private communications in the workplace. The decision overturns the earlier ruling of the lower...more

U.S. Supreme Court Will Hear Mobile Phone Privacy Case

Robinson+Cole Data Privacy + Security Insider on 6/7/2017

The United States Supreme Court has just agreed to hear the case of a Detroit man who was sentenced to 116 years in prison after data from his own cellular phone was used against him at his trial for his role in a string of...more

Court Rejects Overly Broad Request For Forensic Imaging Of Plaintiff’s Personal Computers

Jackson Lewis P.C. on 3/6/2017

An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule...more

Baring It All: Judge Orders Swingers’ Club to Produce Email Distribution List

Orrick - Trade Secrets Group on 1/5/2017

A recent case in the Southern District of Florida serves as a reminder that even trade secrets may be subject to production to opposing counsel. Magistrate Judge Jonathan Goodman recently ordered a defendant “swingers’” club...more

Prepare for Compliance with General Data Protection Regulation Checklist

Ballard Spahr LLP on 12/8/2016

The Irish Data Protection Commissioner (DPC) has issued a 12-step checklist of actions companies can take now to better prepare for compliance with the General Data Protection Regulation (GDPR), the new EU privacy regulation...more

Asking Employees to Retweet an Employer's Tweet May Subject Employers to Fines in Illinois

Faegre Drinker Biddle & Reath LLP on 11/8/2016

Can employers ask employees to “like” an employer’s Facebook page or “retweet” tweets? According to the newly amended Right to Privacy in the Workplace Act (Act), Illinois employers may be subject to fines and found guilty of...more

District Court Holds Professional Plaintiff Lacks Article III Standing to Bring TCPA Action Under Supreme Court’s Spokeo, Inc. v....

Burr & Forman on 7/12/2016

Following the Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), it is clear that “Article III standing requires a concrete injury even in the context of a statutory violation,” such that a...more

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