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|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.
|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...
|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...
|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.
|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.
|Massachusetts Data Security Regulations: Your Company May Not Be Located There, But If Your Customers Are, You Need to Comply|
Jeffrey D. Neuburger; Proskauer Rose LLP;
June 21, 2010, previously published on June 9, 2010Newly effective regulations promulgated under Massachusetts’ recent data security law, Mass. Gen. Law ch. 93H, have raised the bar for data security compliance, and they have a long reach. The regulations are national and international in scope, as they apply to all companies - wherever...
|Defendants’ Motion to Dismiss Found Premature as Plaintiff, Through Discovery, May be Able to Establish an FCRA Violation|
Marc Kirkland; Strasburger & Price, LLP;
June 17, 2010, previously published on June 09, 2010Adams v. LexisNexis Risk & Info. Analytics Group, Inc., 2010 U.S. Dist. Lexis 47123 (D.N.J. May 12, 2010)
|Full Disclosure: How Much Information Do We Require of Our Arbitrators|
Rachel Bendayan, Stephen L. Drymer; Ogilvy Renault LLP;
June 16, 2010, previously published on June 7, 2010The disclosure of information required of arbitrators is becoming increasingly onerous. But how far must arbitrators go in disclosing their agendas, mandates and lists of acquaintances?
|Court Approves Class Action Settlement against Employment Consumer Reporting Agency for Disclosing Outdated Arrest Records|
Tiffany L. Cox; Strasburger & Price, LLP;
June 11, 2010, previously published on June 01, 2010Serrano v. Sterling Testing Sys., 2010 U.S. Dist. LEXIS 44779 (E.D. Pa. May 7, 2010) In this putative class action, the plaintiff, on behalf of himself and all others similarly situated, sued Sterling Testing Systems, Inc., a national employment consumer reporting agency, pursuant to the FCRA for...