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|ISO 27018 - Data Protection Standards for the Cloud|
Jonathan A. Beckham, Kedrick N. Eily, Angela F. Ramson, Alan N. Sutin; Greenberg Traurig, LLP;
November 28, 2014, previously published on November 11, 2014In July 2014, the International Organization for Standardization (ISO) and International Electrotechnical Commission (IEC) published ISO/IEC 27018 (ISO 27018), a code of practice that sets forth standards and guidelines pertaining to the protection of data consisting of “personally...
|Telephone Consumer Protection Act Express Consent Narrowed Again|
Michael C. Lueder; Foley & Lardner LLP;
October 28, 2014, previously published on October 17, 2014Albert Nigro just wanted to turn off his deceased mother-in-law’s electricity. He called the electric company, but it required that he provide his mobile telephone number to disconnect service. It turned out though that the mother-in-law had an outstanding bill of $68. Nigro did not know...
|The Video Protection Privacy Act: Risks And Considerations When Enabling A “Like” Button On Web-Based Video Content|
Charles E. "Chuckie" Harris; Mayer Brown LLP;
October 9, 2014, previously published on October 3, 2014In a recent seminal decision in the action In re: Hulu Privacy Litigation (“Hulu”), No. C 11-03764 LB (N.D. Cal. filed June 17, 2014), the Northern District of California denied class certification, without prejudice, to a putative class alleging that, when they pressed a...
|The Fight Against Cybercrime: A Major Issue for European Companies|
Emmanuel Baud, Bénédicte Graulle; Jones Day;
July 11, 2014, previously published on July 2014The fight against cybercrime constitutes an economic and legal challenge for companies. The digital revolution and the development of new technologies have significantly increased the risks to which companies are now exposed. Furthermore, the amount of damages caused by cyberattacks has literally...
|Wyndham Gets Life Preserver in Data Breach Case|
Adam M. Veness; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 7, 2014, previously published on June 27, 2014New Jersey U.S. District Judge Esther Salas agreed to allow Wyndham Hotels and Resorts LLC to immediately appeal to the Third Circuit a ruling affirming the FTC’s authority to bring data security cases. We have been following this case since the beginning, and you can see our last post here.
|Guess Who’s Looking at Your Ad? Blind Recruitment Ads Fall Foul of Data Privacy Laws|
Gabriela Kennedy, Karen H. F. Lee, Hong Tran; Mayer Brown JSM;
July 4, 2014, previously published on June 26, 2014The number of "blind" recruitment ads - i.e., ads that do not identify the employer or their recruitment agent - circulating in Hong Kong has led to a growing concern about the possible unscrupulous collection and use of personal data of job applicants.
|“May I have your ZIP Code?” Retailers May Want to Read This....|
Nancy D. Adams; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 3, 2014, previously published on June 18, 2014There are only a handful of decisions addressing whether a commercial general liability (CGL) policy provides coverage for lawsuits brought against retailers allegedly collecting their customers’ ZIP code information. Thus, when a decision is issued in this area, particularly a decision...
|Round Two for Snapchat: Agreement with the Maryland Attorney General Settling Claims of Consumer Deception and COPPA Violations|
Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 3, 2014, previously published on June 19, 2014Just a little over a month after settling charges of false promises of disappearing user messages (among other things) with the Federal Trade Commission (“FTC”), mobile app developer Snapchat, Inc. (“Snapchat” or “Company”) announced (blog post) that on June 12th...
|New Florida Data Security and Breach Law Effective July 1|
Jackson Lewis P.C.;
July 3, 2014, previously published on June 26, 2014Businesses that maintain individuals’ confidential, personal information may need to be more alert in protecting this data under the Florida Information Protection Act of 2014, signed into law by Governor Rick Scott.
|Massachusetts High Court Permits Compelled Decryption of Seized Digital Evidence|
Matthew D. Levitt; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 3, 2014, previously published on June 25, 2014Today, in Commonwealth v. Gelfgatt, No. SJC-11358 (Mass. June 25, 2014), a divided Massachusetts Supreme Judicial Court held that under certain circumstances, a court may compel a criminal defendant to provide the password to encrypted digital evidence seized by the government without violating...