Tag Archives: privacy

Email Privacy Act Introduced With Bi-Partisan Support in the House

On January 9, 2017, lawmakers in the House re-introduced legislation, the Email Privacy Act, which, if enacted, would require the government to obtain a court-issued warrant to access electronic communications, including emails and social networking messages, from cloud providers (e.g., Google, Yahoo) when such communications are older than 180 days. Current law, the Electronic Communications … Continue Reading

SCOTUS Won’t Slime Viacom in Class Action Challenging Tracking Children Online

A class action alleging Viacom illegally obtained and disclosed personally identifiable information from children under the age of thirteen through the Nickelodeon website recently reached the end of line (almost) when the class’ petition for writ of certiorari was denied by the Supreme Court this month. The high court chose not to further define the … Continue Reading

Top 10 for 2017 – Happy Data Privacy Day

In honor of Data Privacy Day, we provide the following “Top 10 for 2017.”  While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2017. 1.  Phishing Attacks and Ransomware – Phishing, as the name implies, is the attempt, usually via email, to obtain sensitive or personal … Continue Reading

FCC Adopts New Privacy Rules

Late last month, the Federal Communications Commission adopted new privacy rules for broadband Internet service providers (ISPs).  We first discussed this topic in March when the proposal was introduced by the FCC Chairman.  The rules are intended to protect the privacy of consumers and to provide customers with meaningful choice, greater transparency, and strong security … Continue Reading

DoD Updates Cyber Incident Reporting Rule

On October 4, 2016, a final rule was published in the Federal Register which implements statutory requirements for Department of Defense (DoD) contractors and subcontractors to report cyber incidents that result in an actual or potentially adverse effect on a covered contractor information system or covered defense information residing therein, or on a contractor’s ability to … Continue Reading

No Harm, No Foul (And No Class Action Lawsuit): TCPA Class Action Dismissed For Failure to Allege Harm

Earlier this month, United States District Court Judge Peter Sheridan dismissed a class action brought against Work Out World (“WOW”) under the Telephone Consumer Protection Act (TCPA).  In doing so, Judge Sheridan relied on the recent decision by the United States Supreme Court in Spokeo, Inc. v. Robins. The named plaintiff, Norreen Susinno, filed a … Continue Reading

Sharing of Passwords Under Certain Circumstances Unlawful

Many companies have experienced the departure of an employee and the elimination of that former employees access to the company’s computers and networks. In the recent case of USA v. Nosal, D.C. No. 3:08-cr-00237-EMC-1 (July 5, 2016), the Ninth Circuit Court of Appeals was presented with the following facts:  Nosal, a former employee of Korn/Ferry … Continue Reading

EU-U.S. Privacy Shield Q&A

Last month, the European Union and U.S. officials announced final approval of the EU-U.S. Privacy Shield (Privacy Shield), replacing the Safe Harbor which was invalidated by the Court of Justice of the European Union in October 2015.  Like it predecessor, the Privacy Shield will allow organizations based in the United States to self-certify compliance with the Privacy … Continue Reading

The Privacy Shield Is Finally Here

Earlier today the European Union and U.S. officials announced the final approval of the EU-U.S. Privacy Shield data transfer agreement (“the Privacy Shield”).  Beginning August 1, 2016, organizations based in the U.S. will be able to self-certify their compliance with the Privacy Shield. The Privacy Shield is meant to replace the EU-U.S. Safe Harbour agreement … Continue Reading

Colorado Law Grants Employees Right to Access Personnel Files

Beginning January 1, 2017, employees in Colorado will now have a right to inspect and copy their personnel files.  Prior to this law, Colorado had no law granting private-sector employees access to their personnel records. Under the new law, upon a current employee’s request, an employer must allow that employee to inspect and obtain a copy … Continue Reading

Should We Train Our Employees About Good Data Privacy and Security Practices?

Yes! It is the law in more places and circumstances than you suspect. Check out our report to learn more, including suggestions for setting up a training program. Late last year, The Wall Street Journal reported on a survey by the Association of Corporate Counsel (“ACC”) that found “employee error” is the most common reason for a … Continue Reading

Internet of Things Bill Introduced

Recognizing the growing number of connected and interconnected devices, a bipartisan group of Senators recently introduced a bill which would convene a working group of Federal stakeholders to provide recommendations to Congress on how to appropriately plan for and encourage the proliferation of the Internet of Things (IoT). The Developing Innovation and Growing the Internet of … Continue Reading

No Statutory Damages Under SCA Without Actual Damages

The U.S. Court Appeals for the Eleventh Circuit has ruled that statutory damages under the Stored Communications Act (SCA) are not available in a case where the plaintiff did not incur any actual damages. The case, Vista Marketing LLC v. Burkett, originated from an extremely contentious divorce proceeding.  While the majority of the  allegations in that … Continue Reading

FDA Issues Draft Guidance for Connected Medical Devices

Demonstrating a continued focus on information security, the Food and Drug Administration (FDA) published draft guidance on Design Considerations and Pre-market Submission Recommendations for Interoperable Medical Devices.  As the title indicates, the draft guidance focuses on issues manufacturers should address in the development and design of medical devices prior to sale to consumers.  This draft guidance … Continue Reading

The Status of the EU-U.S. Privacy Shield

As we previously reported, the EU and U.S. reached agreement last week on the EU-U.S. Privacy Shield to replace the invalidated EU-U.S. Safe Harbor Program for transatlantic data transfers.  While the announcement of the Privacy Shield is a relief to the thousands of companies who relied on the Safe Harbor Program, details remain unclear. What … Continue Reading

Top 10 for 2016 – Happy Data Privacy Day

In honor of Data Privacy Day, we provide the following “Top 10 for 2016.”  While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2016. EU/U.S. Data Transfer (status of Safe Harbor).  On October 6, 2015, the Court of Justice of the European Union (CJEU) ruled … Continue Reading

FDA Issues Draft Cybersecurity Guidance for Device Manufacturers

Last week, the U.S. Food and Drug Administration (FDA) issued draft guidance outlining important steps medical device manufacturers should take to address cybersecurity risks to keep patients safe and better protect the public health. The draft guidance, which details the agency’s recommendations for monitoring, identifying, and addressing cybersecurity vulnerabilities in medical devices after they have … Continue Reading

CFTC Approves Proposed Cybersecurity Regulations

Recognizing cyber security as one of the most important issues facing financial markets today, and identifying cyber-attacks as a top threat, the U.S. Commodity Futures Trading Commission (CFTC) unanimously approved proposed enhanced rules on cybersecurity for derivatives clearing house organizations, trading platforms, and swap data repositories.  The proposals, published in separate Federal Register Notices as Part … Continue Reading

Attempt to Unmask Online Reviewer Denied

You’ve spent extensive time and effort, not to mention money, establishing your company’s reputation only to have the company defamed or disparaged anonymously online. This is a scenario which many organizations face in today’s virtual marketplace. As a recent decision by the Delaware Superior Court illustrates, dealing with these types of issues is often difficult … Continue Reading

Prohibiting Recording Devices – The Dreaded “Maybe”

Can we prohibit employees from making audio recordings at work?  As advancements in technology continue to increase, and it becomes easier and easier for employees to surreptitiously record conversations, this inquiry is posed by many employers.  In fact, we discussed this very question back in 2013.  Unfortunately, the answer to this question is perhaps the most … Continue Reading

FAST Act Calls for Examination of the Internet of Things

The Internet of Things (IoT), as defined by Wikipedia, is the network of physical objects or “things” embedded with electronics, software, sensors, and network connectivity, which enables these objects to collect and exchange data. The IoT allows objects to be sensed and controlled remotely across existing network infrastructure, creating opportunities for more direct integration between the physical … Continue Reading

FCC Data Security Enforcement Continues

Demonstrating its continued commitment to data security enforcement, the Federal Communications Commission (FCC) recently announced Cox Communications Inc., the nation’s third largest cable operator, agreed to pay $595,000 to resolve an investigation into whether the company failed to properly protect its customers’ personal information.  The agreement ends the first data security enforcement action brought by the FCC against … Continue Reading
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