DLA Piper: France’s Data Protection Authority Unveils Inspection Targets For 2014

By Carol A.F. Umhoefer and Jeanne Dauzier The French Data Protection Authority (the CNIL) has announced its 2014 inspection targets, with the goal of reaching 550 inspections for the year. Last year, the CNIL carried out 414 inspections. Capitalizing on a March 2014 law that authorizes the CNIL to...

DLA Piper: California’s Privacy Statute Regulates California Companies, But Not Against Out-Of-State Plaintiffs: A Recent Decision, 2 Takeaways

By Perrie Michael Weiner , Anahit Tagvoryan and Esteban Morales Throughout 2013 and into the new year, the plaintiffs’ bar has continued to file a steady stream of privacy-related class action claims. With statutes such as California’s Invasion of Privacy Act and the federal Telephone...

DLA Piper: EU: European Court Of Justice Rules Right To Be Forgotten Principle Applicable To Search Engines

By P:atrick Van Eecke and Anthony Cornette In a landmark ruling the European Court of Justice [on May 13] ruled that search engines, as a principle, need to remove the link between search results and a webpage if it contains information the individual deems should be “forgotten”. In...

Caught Snooping on Privacy Rights: Illinois Supreme Court Invalidates State Eavesdropping Law

The Illinois Supreme Court has essentially gutted the state’s long-standing eavesdropping law, placing the state into an unprecedented “no-mans-land” for the recording of private conversations. In two separate unconsolidated opinions, the Court found that the law violated the First...

The People's Business Cannot Be Redacted: The Wisconsin Court of Appeals Directs a State Legislator to Release Withheld Email Information

In a potentially far-reaching decision, the Wisconsin Court of Appeals on April 9, 2014, put individuals, corporations, and others on notice that when they email a public official, their identities and email addresses are likely to be discoverable upon request. The case, The John K. MacIver Institute...

The Fourth Amendment Prohibits Carte Blanche Review of Email Accounts by the Government

Those office employees who have rolled the dice and sent emails clearly not suitable for work would be glad to know that their email accounts are protected from government intrusion by the Fourth Amendment [ enhanced version available to lexis.com subscribers ]. United States v. Warshak , 631 F.3d 266...

search warrant and gavel

DLA Piper: California Federal Court Finds 1st Amendment Does Not Preclude Sporting Event Participants From Asserting Right-of-Publicity Claims Against Broadcasters

By Matt Ganas | On April 11, 2014, a California federal court issued a First Amendment ruling that has potentially significant implications for broadcasters in the sports-media industry. Specifically, the Northern District of California’s Judge Claudia Wilken held that “the First Amendment...

Before You Click "Accept," Read Your Farm Data Privacy Policy

If you are like most people, when computer programs ask you to accept their latest privacy policy, you probably just hit "I accept these terms" and get on with using the software. But recent concern over who controls agriculture's "big data" might have made you pause and think...

Privacy Concerns Escalate as Drones Are About to Take-Off

The widely-anticipated commercial deployment of drones piques the interest of critical infrastructure industries, the agricultural sector, and technology companies such as Amazon . Consistent with this commercial interest and its Congressional mandate , the FAA is developing proposed regulations for...

California Attorney General Releases Privacy Policy Guidance for 'Do Not Track' Disclosures

California Attorney General Kamala Harris recently released guidance, Making Your Privacy Practice Public , to help companies comply with the California Online Privacy Protection Act's (CalOPPA) "Do Not Track" (DNT) disclosure requirements which took effect on January 1, 2014 . CalOPPA...

Vandeventer Black LLP: P:rimer On Virginia’s Data Breach Law: Part 1

By Christopher S. Colby Imagine that your laptop is stolen. Since you conduct all your business on it, you struggle to remember the last time you backed up your data, and agonize at the prospect of rebuilding weeks, months, and possibly years of files. As you contemplate the recovery of your business...

Vandeventer Black LLP: P:rimer On Virginia’s Data Breach Law: Part 2

By Christopher S. Colby Recall from Part I of the Primer on Virginia's Data Breach Law that your laptop has been stolen, and you have concluded there has been a breach of security under Virginia's data breach law. You must now determine whom to notify, and this will depend on your relationship...

fence plastic privacy

Landmark Privacy Ruling in Europe on the Right To Be Forgotten

By Patrick Van Eecke , Anthony Cornette, and Jim Halpert In a landmark ruling in May, the European Court of Justice ruled that search engines need to remove the link between search results and a web page if it contains information an individual deems should be “forgotten.” The facts...

DLA Piper Cybersecurity Law Alert: Hackers Steal 1.2 Billion Passwords – 4 Steps To Take Now

By Aravind Swaminathan and Tara McGraw Swaminatha | The New York Times reported this week that an organized Russian criminal group stole approximately 1.2 billion user name and password credentials associated with more than 500 million email addresses from hundreds of thousands of websites around...

Ballard Spahr LLP: Massive Hacking Operation Further Reveals Weakness Of Passwords

By the Privacy and Data Security Group A small private cybersecurity firm recently revealed that a Russian computer hacking organization amassed more than 1.2 billion username and password combinations. The data was collected across a wide swath of websites, from both large companies and small independent...

Peter S. Vogel: Cybercrime is Growth Industry Estimated to be as Much as $575 Billion

By Peter S. Vogel A recent report estimates that the ”cost of cybercrime includes the effect of hundreds of millions of people having their personal information stolen—incidents in the last year include more than 40 million people in the US, 54 million in Turkey, 20 million in Korea, 16...

Peter S. Vogel: Judge Allows Libel Suit Based on Google Autocomplete Search Results

By Peter S. Vogel A Hong Kong Judge disagreed with Google that Google’s Autocomplete may have created libeleous content and “cited Europe’s recent ‘right to be forgotten’ ruling requiring Google to remove embarrassing or outdated search results upon request” as...

Peter S. Vogel: Cybercrime is Getting Worse – 5 Reasons

By Peter S. Vogel On the heels of the recent report that cybercrime is a $575 billion growth industry , Infoworld pointed out “that amount of crime has persisted for a long time, well before the Internet.” The article included these 5 reasons why cybercrime is worse than ever : 1. Internet...

Troutman Sanders LLP: Can Content-Based Communications Located Overseas Be Reached Via The Stored Communications Act?

In an oral ruling from the bench, Judge Lorraine Preska of the Southern District of New York recently affirmed Magistrate Judge James Francis IV’s April 25, 2014 decision – Matter of a Warrant to Search a Certain Email Account Controlled and Maintained by Microsoft Corporation , (S.D.N.Y...

Which Regime Offers More Actual Privacy -- US or EU?

by David Bender Excerpt: Introduction . For decades the conventional wisdom has been that actual privacy levels are higher in the EU than in the US, a proposition that many, even in the US, seem to accept as Gospel. This bit of conventional wisdom bears scrutiny. The EU adopted a Data Protection...

Ballard Spahr LLP: Calif. Law Does Not Bar Recording of Cell Phone Calls by Participants, Federal Court Rules

By the Consumer Financial Services Group A California federal court recently ruled that the state’s call recording statute does not apply to cell phone call participants. This decision should help companies that record consumer calls for monitoring purposes defeat class actions brought under...

Ballard Spahr LLP: Caveat Venditor (Let the Seller Beware): Consumer Protection Laws Can Have Significant Implications

By Roger D. Winston, Shelah F. Lynn, Timothy P. Martin and Katherine M. Noonan A decision by the District of Columbia Court of Appeals emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in jurisdictions with consumer protection...

Norton Rose Fulbright: Congress on Cybersecurity: Recent Bill Limits Liability

By Gerard G. Pecht , Peter A. Stokes , Mark Thomas Oakes , Utsav Mathur and Geraldine W. Young In the days leading up to its August 2014 recess, the U.S. House of Representatives passed a number of bills aimed at strengthening cybersecurity. Those measures include H.R. 3696—known as the National...