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|President Obama’s New Data Privacy Agenda|
James J. Giszczak, Sara H. Jodka, Dominic A. Paluzzi; McDonald Hopkins LLC;
April 15, 2015, previously published on January 14, 2015President Obama recently spoke to the Federal Trade Commission about his privacy and data security agenda. The agenda included a series of voluntary partnerships, but the cornerstone was two privacy acts that will soon be sent to Congress: The Personal Data Notification and Protection Act and the...
|Data monetization: CPO’s new big challenge|
Chantal Bernier; Dentons Canada LLP;
April 15, 2015, previously published on January 29, 2015 What I would like to do today is facilitate a discussion among us rather than simply present. Why? Because the issue of data monetization and its privacy implications is still unfolding. So I believe it is more useful at this point for us to think about it together, than to individually propose...
|Good News for Companies: Pennsylvania District Court Rules That Plaintiffs Lack Standing without Actual or Imminent Misuse of Data|
Melissa K. Ventrone, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 31, 2015, previously published on March 26, 2015“There are only two types of companies left in the United States ... those that have been hacked and those that don’t know they’ve been hacked.” That is how U.S. District Judge John E. Jones III of the Middle District of Pennsylvania began his opinion in Storm v. Paytime,...
|Court's Interpretation of Merchant Services Agreement Limits Retailer's Liability to Card Brands for Data Breach|
Gregory Bautista, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 31, 2015, previously published on March 12, 2015On January 15, 2015, the U.S. District Court for the Eastern District of Missouri ruled that fees, assessments and costs imposed by the credit card brands on Schnuck Markets, Inc. (Schnuck), a grocery chain estimated to have had 2.4 million customers' credit and debit card information compromised...
|Privacy and Cyber Security: Summary of the Report from the Privacy Commissioner of Canada|
Roland Hung, Kevin Stenner; McCarthy Tétrault LLP;
March 26, 2015, previously published on March 4, 2015In December 2014, the Office of the Privacy Commissioner of Canada (the “Commissioner”) released a report entitled Privacy and Cyber Security: Emphasizing privacy protection in cyber security activities (the “Report”), examining the common interests and tensions between...
|Protect Your Business from Competitive Intelligence|
Zachary W. Behler, Samuel J. Frederick, Mindi M. Johnson, Iris K. Linder, John W. Mashni; Foster, Swift, Collins & Smith, P.C.;
March 25, 2015, previously published on January 7, 2015The term "competitive intelligence" is the process of legally gathering information about one's competitors to gain a strategic advantage in the marketplace. Large corporations will have strategic intelligence experts as a part of their marketing department. These experts specialize in...
|Consumer Associations Will Be Entitled to Bring Collective Action for Data Protection Violations|
Undine von Diemar; Jones Day;
February 26, 2015, previously published on February 2015The German Federal Cabinet has adopted draft legislation that, if approved, will allow civil claims to enforce violations of data protection provisions protecting consumer rights (Entwurf eines Gesetzes zur Verbesserung der zivilrechtlichen Durchsetzung von verbraucherschützenden Vorschriften...
|Risky Business: BLG Sees Cyber Risks Underlining Challenges to Canadian Businesses|
Eusis Dougan-McKenzie; Borden Ladner Gervais LLP;
January 16, 2015, previously published on December 16, 2014Toronto (December 16, 2014) — Cyber risks will be a dominant issue for Canadian businesses in 2015, according to Borden Ladner Gervais LLP (BLG) in its 2015 Top 10 Business Risks report. Following a Statistics Canada report that 14 per cent of large enterprises experienced an Internet...
|EU: Article 29 Working Party Publishes Guidance Stating that the ‘Right to Be Forgotten’ Applies to .Com Domains|
Annie Clarke, Sarah Pearce; Edwards Wildman Palmer LLP;
January 10, 2015, previously published on December 8, 2014We commented on the ‘right to be forgotten’ judgment in Google Spain SL, Google Inc. v Agencia Española de Protección de Datos in May earlier this year. The ruling granted data subjects the right to request search engines to remove links appearing in search results based...
|EU Council of Ministers Makes Progress on the Processing of Data in the Public Sector and the Creation of a “One-Stop-Shop” Mechanism for Resolving Cross-Border Data Protection Complaints|
Sarah Pearce; Edwards Wildman Palmer LLP;
January 10, 2015, previously published on December 10, 2014The EU Council of Ministers made progress on 4 December 2014 on the draft Data Protection Regulation (the “Regulation”), agreeing a partial general approach on data processing in the public sector. This would allow for some flexibility in the application of the Regulation by each Member...