Mondaq USA: Privacy
On July 6, 2016, the European Parliament passed the Network and Information Security ("NIS") Directive, over three years after the initial draft was proposed.
Thompson Coburn LLP
In October 2015, the Court of Justice of the European Union ("CJEU"), in its Schems decision, struck down protections afforded by the 2000 CJEU "Safe Harbor Decision."
This article explores how personally identifiable information has been defined in leading Video Privacy Protection Act actions and looks at how concerns over the potential sensitivity of geolocation information may alter how courts handle PII.
Kramer Levin Naftalis & Frankel LLP
In a landmark decision issued last Thursday, July 14, 2016, a unanimous three-judge panel of the United States Court of Appeals for the Second Circuit reversed the United States District Court for the Southern District of New York and held that the SCA does not authorize courts to issue and enforce against U.S.-based service providers warrants for the seizure of customer email content that is stored exclusively on foreign servers.
Cadwalader, Wickersham & Taft LLP
The House Science, Space and Technology Committee (the "Committee") released an interim staff report containing preliminary findings of an investigation into the cybersecurity posture of the FDIC.
Recent actions against two prominent mobile app developers serve as a warning for companies that authorize third parties to collect and use information over time for advertising in mobile apps (known as interest-based advertising or IBA).
Troutman Sanders LLP
Most organizations understand the importance of timely implementing software updates and patches.
Foley Hoag LLP
Cybersecurity News & Notes – July 19, 2016.
Holland & Knight
On July 12, 2016, the European Commission formally adopted the EU-U.S. Privacy Shield, replacing the former Safe Harbor Framework, which the Court of Justice of the European Union (CJEU) struck down late last year.
Poyner Spruill LLP
A sophisticated hacker can cloak the origination point of an attack, making it hard to hit the actual attacker.
Morgan Lewis
The landmark ruling is the first by a federal court of appeals to address the extraterritoriality of the Stored Communications Act.
Carlton Fields
PayPal, the company responsible for the popular mobile payments app, Venmo, recently agreed to voluntarily bolster its privacy and security disclosures—and pay a $175,000 penalty.
Duane Morris LLP
A man and woman are in a committed, consensual relationship.
Fenwick & West LLP
The Stored Communications Act ("SCA"), which was enacted in 1986, imposes non-disclosure obligations on electronic communications services (ECS) and remote computing services (RCS), with certain exceptions.
Shearman & Sterling LLP
The Electronic Communications Privacy Act (ECPA) was enacted in 1986 to address, in part, the interception of computer, digital and electronic communications.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The U.S. Court of Appeals for the Ninth Circuit recently issued a decision that could have far reaching implications for the relationships between companies that provide online services, their customers or users, and third parties.
Moritt, Hock & Hamroff LLP
Compared with the rest of the world, the United States has historically been a more open framework when dealing with information.
The FCC issued its highly anticipated declaratory ruling on July 5, 2016 in which it determined that the TCPA does not apply to calls made by or on behalf of the federal government when such calls are made for official purposes.
Womble Carlyle
Does your company make databases of customer information? Does it perform analytics on the data? Then be careful of the Privacy Shield, which may restrict these abilities or impose huge fines for simply doing business the American way.
Kramer Levin Naftalis & Frankel LLP
Following months of negotiations, the United States and the European Union have formally approved the Privacy Shield, establishing a revised framework for data sharing between the U.S. and the EU.
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Fox Rothschild LLP
Health care providers know about and have worked with HIPAA privacy and security rules for well over a decade.
Proskauer Rose LLP
As a result of Thursday's historic referendum, the United Kingdom will be leaving the EU. The decision will have a profound effect on many areas, including the global economy, trade, immigration and, potentially, the continued unity of the UK.
In one of the first published rulings on coverage under a stand-alone "cyber" insurance policy, a federal court in Arizona recently applied old-school coverage analysis to a new-school cybersecurity...
Hughes Hubbard & Reed LLP
Morgan Stanley Smith Barney LLC recently agreed to pay a $1 million penalty to the U.S. Securities and Exchange Commission after a Morgan Stanley employee downloaded and exposed sensitive investor information.
Schnader Harrison Segal & Lewis LLP
The European Patent is not derived from the EU regime, and the treatment of European Patents in the UK will not be affected.
Fox Rothschild LLP
This month Wendy's revealed that the security breach it disclosed earlier this year was much larger than it initially reported.
Herrick, Feinstein LLP
The headlines are out there. You've seen them. On one hand, government agencies are ramping up enforcement efforts and dishing out heavier fines. On the other hand, data breaches are occurring at an exponential rate.
Foley & Lardner
In the two decades since its original passage, complying with the federal Health Insurance Portability and Accountability Act (HIPAA) hasn't gotten any easier.
Wilson Elser Moskowitz Edelman & Dicker LLP
On April 3, 2016, the public learned that millions of client documents from the Panamanian law firm and corporate services provider Mossack Fonseca & Co. had made their way to an international organization and that the information would be used to publish potentially damaging stories.
Fox Rothschild LLP
The private sector is still not prepared – and generally lacks the knowledge – to respond effectively to a major cyber breach, according to 80 percent of respondents in a survey released by Fox Rothschild LLP.
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