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|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.
|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...
|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.
|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 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...
|Halting Unauthorized Access to Personal Data|
David J. Federbush Esq.;
June 24, 2010, previously published by The National Law JournalThis article addresses privacy in e-commerce, and discusses reported court decisions under the federal communications privacy and computer abuse statues, as well as administrative actions in the area taken by the FTC.
|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...
|Court Rejects Technical Accuracy Approach, Holds that Duplicate Reporting of Otherwise Accurate Criminal History is Inaccurate Under § 1681e(b) of the FCRA|
Erik Grohmann; Strasburger & Price, LLP;
June 23, 2010, previously published on June 07, 2010Plaintiff brought suit against Defendant Hireright Solutions, Inc. (“Hireright”), a consumer reporting agency (“CRA”) that specializes in maintaining consumer files containing public record information and selling such files to potential employers. The Plaintiff alleged that...
|Organizations Have More Time To Comply With Identity Theft Red Flag Rules|
Kathryn L. Ossian; Miller, Canfield, Paddock and Stone, P.L.C.;
June 21, 2010, previously published on June 1, 2010Does your organization have a program designed to prevent identity theft of the personal information of your customers and employees? If not, the good news is that you now have more time to do so without running afoul of federal regulations.