News & Analysis as of

Third-Party Data Privacy Personally Identifiable Information

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2025

Husch Blackwell LLP on

Keypoint: In this post: (1) Standing may depend on how specific plaintiffs’ complaint is; (2) the 2d Circuit adopts the 3rd and 9th Circuit’s narrower interpretation of PII under the VPPA; (3) Promises in privacy policies not...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: September 2024

Husch Blackwell LLP on

Keypoint: California state courts weigh in on what does, and does not, qualify as a “pen registry” or “tap and trace” device while one California federal court raises whether a wiretapping claim can also allow for a CCPA...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: August 2024

Husch Blackwell LLP on

Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more

Baker Botts L.L.P.

Lawline Sued under the VPPA

Baker Botts L.L.P. on

On August 23, 2024, a proposed class action lawsuit was filed by Kamilah Jolly, against FurtherEd, Inc., doing business as Lawline, which centers on allegations that Lawline violated the Video Privacy Protection Act (VPPA)....more

Husch Blackwell LLP

U.S. Privacy Litigation Update: July 2024

Husch Blackwell LLP on

Keypoint: Courts have started to issue Pixel-based wiretapping decisions, the Seventh Circuit weighs in on when a manufacturer can be forced to pay arbitration fees, and three courts showed different approaches to dismissing...more

Jackson Lewis P.C.

California Consumer Privacy Act, California Privacy Rights Act FAQs for Covered Businesses

Jackson Lewis P.C. on

The California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, went into effect on January 1, 2020. The CCPA placed significant limitations on the collection and sale of a...more

Husch Blackwell LLP

People’s Privacy Act Introduced In Washington State House Of Representatives

Husch Blackwell LLP on

Keypoint: While the Washington Privacy Act appears poised to pass the Senate, a competing bill introduced in the House of Representatives would require opt-in consent for processing, create an Illinois-like biometric...more

Mitratech Holdings, Inc

A Glossary Guide to the CCPA

Mitratech Holdings, Inc on

To get prepared for the California Consumer Privacy Act (CCPA), get a grasp of the basic jargonese and terms involved. The CCPA will impact hundreds of thousands of businesses worldwide. In “A Glossary Guide to the CCPA”,...more

Sunstein LLP

Exploitation of Publicly Available Website Data May be Unstoppable

Sunstein LLP on

Data scraping is a technique by which automated tools are used to extract data from a website and format the data for analysis. Many companies mine website users’ publicly accessible data in order to tailor products and...more

Sunstein LLP

FTC Unfriends Facebook But Wants to Stay in Touch

Sunstein LLP on

The Federal Trade Commission announced its settlement with Facebook on the same day that Robert Mueller testified before the House Judiciary Committee. While this may have been calculated to take Facebook off the front page,...more

Patterson Belknap Webb & Tyler LLP

Millions of Patient Records Exposed in Breach at Medical Testing Giants’ Third-Party Vendor

It’s been a tough week for the healthcare industry. Just days after Quest Diagnostics reported a breach at a third-party vendor affecting approximately 11.9 million of its patients, LabCorp disclosed that a breach at the...more

Jackson Lewis P.C.

Should Companies Terminate Third Party Vendors That Cause A Data Breach?

Jackson Lewis P.C. on

According to reports, bank customers in Australia (yes, data breach notification requirements exist down under) have been affected by “an industry-wide” data breach experienced by a third-party service provider to the banks –...more

Hogan Lovells

California Consumer Privacy Act: The Challenge Ahead — Key Terms in the CCPA

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Words matter. Nowhere is this truer than in legislation, where word choices—often the product of long debate and imperfect compromise—determine the scope and impact of a law. ...more

Bass, Berry & Sims PLC

GDPR Top 5 Actions You Should Take NOW

Bass, Berry & Sims PLC on

The EU’s General Data Protection Regulation (GDPR) goes into effect on May 25th. As most organizations are aware, the GDPR applies not only to EU businesses but also many companies in the U.S. While the deadline is quickly...more

Proskauer - New Media & Technology

Video Privacy Protection Act Narrowed – App’s Transmission of Roku ID Not Disclosure of Personal Information

A New York district court opinion is the latest addition to our watch of ongoing VPPA-related disputes, a notable decision on the issue of what exactly is a disclosure of “personally identifiable information” (PII) under the...more

Zelle  LLP

Employee Health Information: Separate and Secure

Zelle LLP on

There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more

Proskauer - New Media & Technology

Important Circuit Court Ruling Limits Scope of VPPA Liability

The Eleventh Circuit issued a notable ruling this week limiting a mobile app’s liability under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, a law enacted in 1988 to preserve “consumer” personal privacy with...more

Womble Bond Dickinson

Is Your HIPAA Compliance Program Ready for the FTC?

Womble Bond Dickinson on

Everyone in healthcare knows that the next round of HIPAA audits is coming. Covered entities and business associates have long been advised to review and update their HIPAA security risk analyses, have business associate...more

Foley & Lardner LLP

California Amends Definition of Personal Identifiable Information and Breach Notification Content Requirements

Foley & Lardner LLP on

On October 6, 2015, California Governor Jerry Brown signed into law several changes to California’s Data Breach Notification Statute. The law, as amended, adds additional categories of information into the definition of...more

Womble Bond Dickinson

New Delaware Act Requires Online Privacy Policy for Websites

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A new privacy law requires companies to make specific statements about what information is collected on its website. Like California, it also requires that companies state in writing whether they respect “Do Not Track”...more

Broker-Dealer Compliance + Regulation

SEC Charges Investment Adviser With Failure to Adopt Proper Cybersecurity Policies and Procedures

A registered investment adviser agreed to settle SEC charges that it failed to adopt adequate cybersecurity policies and procedures reasonably designed to protect customer records and information as required by Rule 30(a) of...more

Proskauer on Privacy

SEC Announces Cybersecurity Enforcement Action

Proskauer on Privacy on

On September 22, 2015, the Securities and Exchange Commission (SEC) announced the settlement of an enforcement action against a St. Louis-based registered investment adviser (Adviser) brought under Rule 30(a) of Regulation...more

Morrison & Foerster LLP

China Promulgates Tougher Criminal Provisions Governing Data Privacy

One of the more dramatic privacy law developments in China in 2014 was the August criminal conviction of foreign nationals Peter Humphrey and Yu Yingzeng for their violation of Article 253 of the Criminal Law (??) associated...more

Morrison & Foerster LLP

Japan – New ID Number Law: Key Aspects of the My Number Act

The Social Security and Tax Number (“My Number”) System (the “System”) will go into effect in January 2016, and the government will start distributing My Numbers to all citizens in October 2015. The Act on the Use of Numbers...more

Proskauer - Privacy & Cybersecurity

4th Time is Not a Charm: Android Users Plead Themselves Out of Court

Finding that the Plaintiffs lacked Article III standing to pursue their case, Google, Inc. (“Google”) won dismissal of the Android users’ putative class action lawsuit after more than three years of litigation. In re Google...more

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