News & Analysis as of

Right to Privacy

Update: California’s Consumer Right to Privacy Ballot Initiative

by Latham & Watkins LLP on

California ballot initiative, Consumer Right to Privacy Act of 2018, gathers momentum for a November vote, spurring some telecom and internet businesses to organize opposition. Businesses are preparing to oppose a...more

California’s Consumer Right to Privacy Ballot Initiative – What You Need to Know

by Latham & Watkins LLP on

California ballot initiative, Consumer Right to Privacy Act of 2018, gathers momentum for a November vote, spurring some telecom and internet businesses to organize opposition. Key Points: ..The ballot initiative...more

Grand Theft Auto 5 Has Many Different Characters, But Lindsay Lohan Is Not One of Them

by Dorsey & Whitney LLP on

When you play the video game Grand Theft Auto 5 (“GTA 5”), the last thing you want to see is a reflection of yourself. GTA 5 is an action-adventure game that rewards the player for stealing cars and speeding away from cops....more

Government and Microsoft In Agreement that Pending Case Mooted by CLOUD Act

On March 30, 2018 Solicitor General Noel J. Francisco filed a motion with the U.S. Supreme Court in United States v. Microsoft Corporation that seeks to vacate the judgment of the U.S. Court of Appeals for the Second Circuit...more

Microsoft Joins Government’s Request to Render Fight over Access to Data Stored Abroad Moot

Yesterday, we reported that the Department of Justice has asked the U.S. Supreme Court to remand its dispute with Microsoft Corp. concerning access to customer emails stored abroad to the U.S. Court of Appeals for the Second...more

DC Circuit Turns Away Healthcare Challenges to TCPA Declaratory Ruling

In ACA International v. Federal Communications Commission, 2018 U.S. App. LEXIS 6535 (2018), the DC Circuit rejected a series of challenges to the FCC’s 2015 Declaratory Ruling brought by Rite-Aid related to the...more

de Havilland vs Feud – FX Wins Round in California Court of Appeal

by Dorsey & Whitney LLP on

It is hard to imagine that any one person could initiate separate lawsuits resulting in decisions of substantial importance to the entire U.S. entertainment industry. And when that person is iconic actress Olivia de...more

Raging Bull: Getting Beat Up On Glassdoor?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Even if bad Glassdoor reviews have you feeling like you need to fight back, employers should stay out of the ring, and instead implement social media policies that clearly define prohibited behavior and...more

Commonwealth Court Holds That Addresses Contained In Property Tax Assessment Records Are Public Records

by Tucker Arensberg, P.C. on

Butler Area School District v. Pennsylvanians for Union Reform, 1460 C.D. 2014, 2017 WL 4974552, at *1 (Pa. Cmmw. Nov. 2, 2017). The Commonwealth Court of Pennsylvania holds that addresses contained in property tax assessment...more

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

GDPR Compliance Collides with U.S. Law at Supreme Court

by Fisher Phillips on

The EU’s General Data Protective Regulation (“GDPR”) has been a popular topic of late. Fisher Phillips’ Employment Privacy Blog has covered the evolution of this regulation, starting with the roll back of the previous “safe...more

Covert Surveillance at Work: A Breach of the Right to Privacy

by Faegre Baker Daniels on

In Lopez Ribalda & Ors v Spain (Application nos. 1874/13 and 8567/13) the European Court of Human Rights (ECtHR) held that the installation of and reliance on covert surveillance at work was a breach of the workers’ right to...more

A Data Privacy Question that Borders on Reach

by Harris Beach PLLC on

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

Microsoft's Day in Court Has Arrived... But What Are the E-Discovery Implications?

by Exterro, Inc. on

It’s not every day that cases with e-discovery implications land above the fold on the New York Times’ website, but this week the Supreme Court is scheduled to hear arguments in United States v. Microsoft. Stemming from a...more

Deepfakes, Privacy Rights and an AI-Powered Blurring of the Lines

Recent developments in deep learning artificial intelligence have enabled almost anyone to superimpose facial features—including an entirely different face—into a preexisting video with relatively minimal effort. Until very...more

Data Protection Laws in India

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

A guide to the General Data Protection Regulation

by DLA Piper on

On 4 May 2016, the text of the General Data Protection Regulation (GDPR) was finally published in the Official Journal of the European Union, concluding over four years of intensive legislative work on a new data protection...more

Key Developments in the 2017 Indian Legal Landscape

by Morgan Lewis on

Legal and regulatory developments in the country included changes to the foreign direct investment policy, changes to the foreign investment regime, and a new platform for sexual harassment complaints by employees. Labour...more

Florida Supreme Court Says Right to Privacy Survives Death and Prohibits Ex Parte Interviews in Medmal Actions

by Rumberger Kirk & Caldwell on

In the case of Weaver v. Myers, a sharply divided Florida Supreme Court recently struck down part of the 2013 amendments to Fla. Stats. §§766.106 and 766.1065, which govern the informal discovery process of the medical...more

Is Your Company Email to Santa Protected?

by Gray Reed & McGraw on

Frazzled by the incessant demands for her company Acne Brick’s financial records from her husband’s divorce lawyer Ditcher Quick, company president Annie Acne was wondering what her next maneuver might be when her Information...more

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

by Dechert LLP on

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

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

California Court Holds That Orders Demanding Global De-indexing Threaten Free Speech

by Fenwick & West LLP on

Earlier this year, the Supreme Court of Canada upheld a lower court order ordering Google to de-index a website from its global search results. In its decision, the Canadian high court rejected Google’s arguments that such an...more

Florida Supreme Court Strikes Defendants' Ex Parte Interviews with Treating Physicians

by Holland & Knight LLP on

• The Florida Supreme Court has dealt a significant blow to Florida's medical malpractice pre-suit process, ruling that statutes authorizing the conduct of informal, ex parte interviews with a medical malpractice claimant's...more

European Court of Human Rights: Monitoring Employee Communications

by Faegre Baker Daniels on

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

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Cybersecurity

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