News & Analysis as of

Surveillance Personal Data

Venable LLP

Update: Fourth Circuit Dodges Constitutionality of Geofence Warrants

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Earlier this year, we wrote on the Fourth Circuit's en banc rehearing in United States v. Chatrie, a criminal appeal addressing whether a geofence warrant used to locate the defendant in a bank robbery trial was a...more

McCarter & English, LLP

FTC Surveillance Pricing Study Finds Personal Data Is Used to Set Individualized Consumer Prices and Generate Higher Profits for...

On January 17, 2025, the US Federal Trade Commission (FTC) released the preliminary observations and findings from its ongoing study of surveillance pricing. According to the FTC, surveillance pricing occurs when companies...more

BCLP

Will This Be on the Exam? FTC Staff Issues Two Initial Reports on Surveillance Pricing

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On January 17, 2025, the staff at the Federal Trade Commission (FTC) released their first results from the FTC’s Surveillance Pricing market study. The FTC staff reports, including both a “staff perspective” and an “issue...more

Sheppard Mullin Richter & Hampton LLP

CFPB Warns Employers Regarding FCRA Rules for AI-Driven Worker Surveillance

On October 24, the CFPB issued Circular 2024-06, which warns companies using third-party consumer reports, particularly surveillance-based “black box” or AI algorithmic scores, that they must follow the Fair Credit Reporting...more

Goodwin

Navigating New CNIL Sanctions: What You Need to Know

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The Commission Nationale de l’Informatique et des Libertés (CNIL) is an independent French administrative regulatory body whose mission is to ensure that the collection, storage, and use of personal data comply with data...more

Venable LLP

Federal Agencies Increase Focus on Pricing Enforcement

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Last month, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) jointly hosted a public meeting of the interagency “Strike Force on Unfair and Illegal Business Practices.” The meeting was a continuation of...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 10, December 2023

Revisiting…Are Automakers Making Sufficient Efforts to Protect Customer Data? As a follow-up to our previous article and webinar, “Are Automakers Making Sufficient Efforts to Protect Customer Data?", we are addressing the...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #380 – Tips + Tools for Protecting Online Privacy

During the last Privacy Law class of the semester, we discuss Privacy and Emerging Technology. My students continue to learn about the collection, use, disclosure, and monetization of consumers’ data, and continue to be...more

Latham & Watkins LLP

EU-US Data Privacy Framework Goes Live: What Are the Practical Implications?

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The new framework provides an additional route for personal data transfers from the EEA to the US. On 10 July 2023, the European Commission (EC) took the final step to enable businesses to start relying on the new EU-US...more

K2 Integrity

Why The Need for Human Investigators Will Always Exist

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The world of business intelligence and corporate investigations has not been left untouched by the unstoppable march of technological innovation. Today’s investigations benefit greatly from technology-driven solutions to the...more

Orrick, Herrington & Sutcliffe LLP

CFPB and NLRB to share info on employer-driven debt practices and illegal surveillance

On March 7, the CFPB and the National Labor Relations Board (NLRB) entered into an information sharing agreement to create a formal partnership for addressing unlawful practices involving employer surveillance and employer...more

Bradley Arant Boult Cummings LLP

Pet Stairs, Wiretapping, and Cookies: Implications of the Third Circuit’s Popa Opinion

The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more

Foley Hoag LLP - Security, Privacy and the...

Thirty-Three State Attorneys General Show Support for FTC’s Proposed Crackdown on “Commercial Surveillance”

On August 22, 2022, the Federal Trade Commission (“FTC”) indicated through the Advanced Notice of Proposed Rulemaking its intent to limit commercial surveillance – the common corporate practice of collecting, analyzing, and...more

Troutman Pepper Locke

AGs Support FTC’s Potential Commercial Surveillance and Data Security Crackdown

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On November 17, 33 state attorneys general (AGs) submitted a comment letter to the Federal Trade Commission (FTC), supporting its contemplated new efforts in the corporate surveillance and data security space. The AGs’ public...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

President Biden Issues Executive Order Providing for New EU-U.S. Data Privacy Framework

On October 7, 2022, President Biden signed Executive Order (EO) 14086, “Enhancing Safeguards for United States Signals Intelligence Activities,” which provides a new framework for legal data transfers between the European...more

BCLP

Is Privacy Shield 2.0 on the Horizon?

BCLP on

On October 7, President Joe Biden signed an Executive Order (EO) on Enhancing Safeguards for United States Signals Intelligence Activities, which is intended to move forward next steps in the EU US Privacy Shield Framework...more

Morgan Lewis

EU-US Data Transfers: New Executive Order Enhances Protections, But Will It Suffice?

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US President Joseph Biden signed the long-anticipated Executive Order on Enhancing Safeguard for United States Signals Intelligence Activities (EO) on October 7, 2022, providing enhanced protections in an effort to restore...more

McDermott Will & Emery

Key Takeaways from the Latest Developments in the EU-U.S. Data Deal

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In a string of executive actions unveiled on October 7, 2022, the U.S. government took steps to implement the EU-U.S. Data Privacy Framework (DPF), the third attempt to secure trans-Atlantic data flows after the European...more

Perkins Coie

President Biden Issues Executive Order Regarding Signals Intelligence Activities, Clearing Way for New Trans-Atlantic Data Privacy...

Perkins Coie on

President Biden issued an executive order (EO) increasing protections and safeguards for personal data subject to signals intelligence activities. It also establishes a redress mechanism for residents of qualifying states who...more

Benesch

President Biden Enacts New Executive Order On EU-US Data Flow Agreement; EU Adequacy Decision Forthcoming

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The Executive Order hopes to address what had been shortcomings in the previous Safe Harbor and Privacy Shield programs that were struck down by EU courts in 2015 and 2020 respectively. On October 7, 2022, President...more

Hogan Lovells

New Hope for EU-US Data Transfer Mechanism Following White House Executive Order

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The White House has issued its Executive Order on Enhancing Safeguards for United States Signal Intelligence Activities (“EO”), which provides additional due process protections to the use of surveillance mechanisms by U.S....more

WilmerHale

Update on the EU-US Data Privacy Framework

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On October 7, 2022, President Biden signed an Executive Order (“EO”) implementing the new trans-Atlantic EU-U.S. Data Privacy Framework (“EU-U.S. DPF”). The EU-U.S. DPF, previously announced by President Biden and the...more

Goodwin

President Biden Signs “Privacy Shield” Executive Order to Address European Concerns Over Surveillance Practices in the United...

Goodwin on

On October 7, 2022, President Biden signed an Executive Order on “Enhancing Safeguards for United States Signals Intelligence Activities,” establishing new privacy safeguards and oversight mechanisms for foreign intelligence...more

Womble Bond Dickinson

The Core Tradeoff: Privacy or Security?

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US policy makers struggle with the tension between protecting personal privacy and enabling law enforcement surveillance. We know that both are important, but at a certain point, prioritizing one priority shortchanges the...more

Womble Bond Dickinson

New Privacy Paradigm Time

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Why don’t our new privacy laws really protect our privacy?  Are we going about this the wrong way? The topic was raised in the recent Capital Forum of state and federal enforcement agencies by FTC Chair Lena Kahn, who...more

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