On June 2, 2015, Congress passed the USA Freedom Act, which the same day was signed into law by President Obama. The USA Freedom Act reforms the authorities of the Federal Government to require the production of certain business records, conduct electronic surveillance, use pen registers and trap and trace devices, and use other forms […]
In Columbia Casualty Co. v. Cottage Health System, the insurer Columbia Casualty (“Columbia”), a unit of CNA, sued Cottage Health System (“Cottage”), which operates a network of hospitals located in Southern California, seeking to obtain a declaratory judgment that it was not obliged to defend or indemnify Cottage. Cottage had a NetProtect360 claims-made policy […]
Tags: CYBERINSURANCE
On June 1, 2015, the District Court of Nevada dismissed without prejudice for lack of standing a putative class action brought by data subjects whose personal information were stolen against Zappos. Zappos was targ eted by hackers and the personal identifying information of approximately 24 million of its customers were stolen. Shortly thereafter, a number […]
Tags: DATA PROTECTION
On October 20, 2014, the District Court of New Jersey dismissed a shareholder’s derivative action against the officers of a Delaware company alleging breach of fiduciary duty in connection with three data breaches. The decision offers interesting inputs for companies’ officials with regard to potential data breaches’ risks and liabilities. This case involves a shareholder […]
Tags: DATA PROTECTION
On October 2014 the French Data Protection Authority (the CNIL) conducted an online audits to ascertain companies’ compliance with French cookie rules. As a result of that audit activity on June 30, 2015 the CNIL issued a press release stating that it has sent a “lettre de mise en demeure“ (formal letter of enforcement) to approximately 20 companies requesting […]
Happy 4th of July everyone from all of us of Technethics and CGC.
On June 18, 2015, the Article 29 Working Party (WP29) released a press statement to share the results of a survey launched to evaluate the EU practice regarding de-listing requests. A little more than one year ago the European Court of Justice (“ECJ) issued its famous”right-to-be-forgotten”decision in the Costeja case, C-131/12, holding that data subjects have […]
On June 19, 2015, the Article 29 Working Party (WP29) released a press statement to share its views on the text of the Data Protection Regulation Proposal. WP29 stressed that the new legislation should: not lower the current level of protection provided in the Directive 95/46; be clear, simple and easy to understand; and allow […]
On June 16, 2015, the Grand Chamber of the European Convention on Human Rights held that the owner of a news portal allowing for users comments can be held liable for defamatory comments therein posted by readers, and this will not be considered as a limitation of the website’s freedom of expression. Delfi AS vs […]
On request of a local bar, the Italian National Bar Association (Consiglio Nazionale Forense – CNF) opined that a lawyer can oppose the professional privilege to search and seizure of her clients’ files in the course of an anti-money laundering (AML) investigation by the competent enforcement authority (GDF) under Article 8 AML Law (powers of […]