Article
Federal Court Finds DOJ Bulk Sensitive Data Regulations Open New Avenue For ECPA Suits
A federal court in Illinois has ruled that violations of the DOJ's Bulk Sensitive Data rule can serve as the predicate tort to overcome the Electronic Communications Privacy Act's one-party consent defense. This decision creates new litigation exposure for digital advertising platforms and data brokers that transfer sensitive personal data to entities in countries of concern, including China, Russia, Iran, North Korea, Cuba, and Venezuela.
Herbert Smith Freehills Kramer LLP