News

On November 26, 2014, Article 29 Working Party (“WP29”) published the Guidelines for the implementation of the European Court of Justice (“ECJ)’s recent decision in the Costeja case, C-131/12 (“right to be forgotten” decision), holding that data subjects have a right to obtain the de-listing of links appearing in the search results based on a person’s name. Most […]

On November 27, 2014, the European Parliament passed a resolution of 27 November 2014 “on supporting consumer rights in the digital single market” (2014/2973(RSP)). The resolution, which is not binding, contains several points (26 points to be precise), among which: – “Calls on the Member States and the Commission, … to address all existing barriers […]

The next EU Data Protection Supervisor (EDPS) will be Mr. Giovanni Buttarelli and his Assistant Supervisor will be Wojciech Rafał Wiewiórowski. Parliament appoints the EDPS and the Supervisor by common accord with the Council. The two bodies must still sign the nomination decision for the appointment to be effective. Read more at http://www.europarl… Follow us on& Like us […]

United States v. Liu, 2014 U.S. Dist. LEXIS 160727, 1 (S.D.N.Y. Nov. 14, 2014) According to the District Court of the Southern District of New York jurors may be blogging about their day-to-day jury experience as the trial proceeds. In this case, after being convicted of immigration fraud, the defendants moved for a new trial […]

The California Court of Appeal held that under federal law a nonparty cannot avoid complying with a subpoena seeking electronically stored information on the ground that it must create new code to format and extract that information from its existing systems. After identifying subpoenaed parties’ obligations to extract existing data from computer systems the court […]

In October 2014, Kroll Ontrack issued a year-end survey questioning 550 law firms and corporate e-discovery professionals about their everyday practice to determine e-discovery trends in the past 12 months. According to the survey, 2014 saw an increase in the use of predictive coding in e-discovery matters: forty percent of the 550 interviewed law firms […]

On November 14, 2014, the Court of Appeals of Indiana found a pharmacist and her employer liable for the damages sustained by a customer as a result of the pharmacist’s HIPAA breach. The pharmacist breached one of her most sacred duties by viewing the prescription records of a customer without consent and for personal purposes and […]

On November 19, 2014, Google published a “Transparency Report” representing the ongoing trend for request of removals from search results. The published chart represents requests from copyright owners and reporting organizations asking Google to remove search results that link to material that allegedly infringes copyrights. After a peak in 2014, the number of requests appears […]

The Australian government revealed that the new law on cyber bullying will go to parliament before the end of the 2014. More information are available at http://www.news.com.au… Follow us on& Like us on   

On November 17, 2014, TRUSTe and the FTC announced a proposed consent agreement after TRUSTe allegedly deceived consumers about its recertification program for the company’s privacy practices. TRUSTe is a corporation which offers several data privacy services to companies, including a variety of assessments and certifications, monitoring tools, and compliance controls. It also offers Certified […]