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|District Court Dismisses Employer's Claims for Contribution and Indemnification against CRA Because No Such Rights Exist under the FCRA|
Martin Thornthwaite; Strasburger & Price, LLP;
July 20, 2010, previously published on July 6, 2010Facts: Plaintiff’s job offer with Defendant Bowen Property Management (“Bowen”) was rescinded after Bowen received an investigatory consumer report that allegedly contained inaccurate information provided by Defendant ChoicePoint Workplace Solutions, Inc., a LexisNexis company...
|New Encryption Rule Seeks to Streamline Export Process|
Joan Koenig; Drinker Biddle & Reath LLP;
July 6, 2010, previously published on June 2010A new interim final rule published by the Department of Commerce, Bureau of Industry and Security (BIS) will result in significant changes for most companies that export commercial encryption items -- articles, technical data or software -- from the United States. The goal of the new rule,...
|Israel's Privacy Regulator Imposes a $70,000 Fine for Illegal Trading of Personal Data|
Hunton Williams LLP;
July 1, 2010, previously published on June 21, 2010The Israeli Law, Information and Technology Authority (“ILITA”), Israel’s privacy regulator, continues to up the ante for data controllers in Israel. This week ILITA imposed a $70,000 (NIS 258,000) fine against a company illicitly trading personal data.
|German DPA Issues Legal Opinion on Cloud Computing|
Hunton Williams LLP;
July 1, 2010, previously published on June 23, 2010On June 18, 2010, the data protection authority of the German federal state of Schleswig-Holstein published a press release and a comprehensive legal opinion on cloud computing. The opinion provides an overview of cloud computing and discusses various practical and legal matters, including:
|Defendants' Motion to Dismiss Found Premature as Plaintiff, Through Discovery, May be Able to Establish an FCRA Violation|
Marc Kirkland; Strasburger & Price, LLP;
June 30, 2010, previously published on June 09, 2010Plaintiff claimed that Defendants LexisNexis (“Lexis”) and Seisint, Inc., violated the FCRA when they sold “Accurint” reports containing allegedly inaccurate information to debt collectors, credit insurers and other entities involved in debt collection. Plaintiff...
|Cleveland Clinic Sued for Privacy Invasion for Complying with Grand Jury Subpoena|
Michael P. Gennett, Stephen G. Prom; Akerman Senterfitt;
June 28, 2010, previously published on June 9, 2010In a “classic” case of state versus federal law preemption, the Cleveland Clinic of Ohio recently learned a tough lesson. The Clinic turned over a patient’s records in response to a criminal grand jury subpoena seeking, among other things, information about treatment for drug and...
|Mexico Passes New Law on Data Protection|
Larissa Calva-Ruiz; Sheppard Mullin Richter Hampton LLP;
June 25, 2010, previously published on June 15, 2010Mexico's Federal Law for the Protection of Personal data (la Ley Federal de Protección de Datos Personales en Posesión de los Particulares) (the "Law") protects an individual's personal data by restricting its use and prescribing the way in which both private and public...
|Privacy / Data Protection Law - New European Standard Controller to Processor Model Terms|
Mark A. Prinsley, Oliver Yaros; Mayer Brown International LLP;
June 25, 2010, previously published on June 2010On 5 February 2010, the EU Commission decided to update the standard contractual clauses for the transfer of personal data from data controllers to data processors located in non-EU countries that are not recognised as offering an adequate level of data protection.
|Florida and Federal Protection of Privacy in E-Commerce|
David J. Federbush Esq.;
June 24, 2010, previously published by The Florida Bar Business Law Section Quarterly ReportThis article discusses federal statutory protection of personal information under the federal Computer Fraud and Abuse Act, the Financial Privacy Act, the Electronic Communications Privacy Act and the Children's Online Privacy Protection Act. It also reviews how the FTC has used the FTC Act to...
|Privacy Settings on Social Networking Sites May Determine Protection Under Stored Communications Act|
Hunton Williams LLP;
June 24, 2010, previously published on June 10, 2010On May 26, 2010, the court in Crispin v. Christian Audigier, Inc. quashed portions of subpoenas seeking the disclosure of private messages sent through Facebook and MySpace. The court left open the question of whether Crispin’s wall postings and comments should be disclosed pending a more...