In a recent opinion, Henderson v. The Source for Public Data, L.P., et al, the U.S. Court of Appeals for the 4th Circuit considered whether Section 230(c)(1) of the Communications Decency Act (CDA) – a federal law that allows social media websites to provide a forum for users to post videos or other information
Employers Can Be Vicariously Liable for Employee Data Breaches
The United Kingdom High Court recently issued a landmark liability judgment against the supermarket, Morrisons, following a data breach caused by a rogue employee (Various Claimants v. WM Morrisons Supermarket [2017] EWHC3113 (QB]). Similar results have been reached in the U.S., but this is the first time the UK Court has addressed
Supreme Court Will Not Hear Ninth Circuit Decision Regarding Willful Violations of FCRA’s Disclosure Provision
On November 13, 2017, the U.S. Supreme Court declined to hear the appeal of one of 2017’s more significant Fair Credit Reporting Act (FCRA) opinions, Syed v. M-I, LLC. (9th Cir. Jan. 20, 2017). In Syed, the Ninth Circuit Court of Appeals held that a background check disclosure which included a liability waiver
VOTE 2017 – We’re back thanks to you!
We are proud to once again announce that the Workplace Privacy Report has been nominated for The Expert Institute’s Best Legal Blog Competition.
From a field of thousands of nominees, the Workplace Privacy Report has received enough nominations to join one of the largest competitions for legal blog writing online today. If you enjoy the
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
FTC Chairwoman Edith Ramirez Steps Down
The Federal Trade Commission (“FTC”) recently announced that FTC chairwoman Edith Ramirez will be stepping down effective February 10, 2017. Ms. Ramirez guided the agency through a period of significant enforcement activity, particularly in the areas of cybersecurity and consumer privacy. President-elect Donald Trump will now have the opportunity to fill three vacancies at the
FTC Issues Guidance for Background Screening Companies
Employers regularly turn to background screening companies in order to obtain information/reports about applicants and employees. The Fair Credit Reporting Act (FCRA) applies to companies that sell or provide these background screening reports if such a report meets the FCRA’s definition of a “consumer report.” A consumer report is a report which serves as a
FTC’s Big Data Report Has Suggestions for the Workplace
Earlier this month, the Federal Trade Commission (“FTC”) issued a report discussing “big data.” The report compiles the agency’s learning from recent seminars and research, including a public workshop held on September 15, 2014. Known best for its role as the federal government’s consumer protection watchdog, the FTC highlights in the report a number
Supreme Court to Examine Standing Under FCRA
The U.S. Supreme Court recently decided to hear a case brought under the Fair Credit Reporting Act (“FCRA”) to determine whether individual consumers have standing to sue a consumer reporting agency for statutory violations of the FCRA when no “actual damages” were suffered by the consumer.
The FCRA, like other privacy laws, imposes monetary damages
FTC Announces “Concrete Steps” for IoT Privacy and Security
As the vast array of internet-connected devices mushrooms, and technologies permit those devices to communicate with one another, calls for privacy and security can be heard. On the heels of a recent victory in the ongoing LabMD case, the Federal Trade Commission (FTC) announced yesterday “concrete steps” businesses can take to enhance the privacy