News

On May 1, 2015, the Australian Privacy Commissioner ruled that phone call metadata is ‘personal information’ and therefore access rights apply. A data subject requested access to all his metadata information that Telstra, Australian telecom company, had stored about him in relation to his mobile phone service, including (but not limited to) cell tower logs, inbound […]

On May 22, 2015, the Article 29 Working Party (WP29) adopted a revised version of the Explanatory Document on the Processor Binding Corporate Rules (BCR). “Binding Corporate Rules” are binding internal rules intended to regulate the transfers of personal data that are originally processed by the organization as Controller within the same organization. The Document aims […]

On May 5, 2015, an en banc Eleventh Circuit held that a court order compelling the production of a third-party telephone company’s business records (specifically: phone calls and cell tower location) pursuant to the Stored Communications Act, id. § 2703(d), does not violate the Fourth Amendment and is not unconstitutional. Courts in several states, such […]

On May 5, 2015, Myrna Arias filed a complaint with a California Superior Court against her former employment for invasion of her privacy. Arias v. Intermex Wiretransfer, LLC Allegedly, the employer asked the employee to download an application that would monitor the employees’ movements also 24/7, even when off duty. Plaintiff had no issues being monitored […]

According to the Guardian, on February 18, 2015, the UK government revealed that its intelligence agencies have been unlawfully monitoring attorney-client privileged conversations. The admission follows a decision (IPT/13/77/H) filed on February 6, 2015, by the UK Investigatory Powers Tribunal. The order declared that regulations covering access by British Government to emails and phone records intercepted […]

On May 13, 2015, the House of Representatives passed Bill H.R.2048, the USA FREEDOM Act of 2015, with 338 to 88 votes. The Bill would amend the investigative and surveillance authority of the United States government. The bill would modify the Foreign Intelligence Surveillance Act (FISA) to prohibit bulk collection of records under Section 215 of […]

On May 11, 2015, the Utah District Court ruled against the policyholder and offered a narrow interpretation of the cyberinsurance policy involved in the dispute. In this case, Defendants – the policyholders – are in the business of providing processing, storage, transmission, and other handling of electronic data for their customers. They kept cyberinsurance under […]

On May 6, 2015, the European Commission unveiled one of its top priorities, which is the creation of Digital Single Market within the EU. It adopted Communication COM(2015) 192 (Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions) which includes a set of 16 […]

On May 7, 2015, the United States Court of Appeals for the Second Circuit found that the controversial surveillance program according to which the National Security Agency (NSA) has been collecting Americans’ phone records is not authorized under the USA Patriot Act. ACLU v. Clapper, 2015 U.S. App. LEXIS 7531. In particular, the court held that the […]

In this personal injury case, the Eastern District Court of Louisiana issued a discovery order for the production of a deactivated Facebook account. These the facts: an employee sued his employer for an injury suffered on the job. However, the employer filed a request for production of the employee’s Facebook account claiming to have seen […]