WP29 issues Opinion 8/2014 on the Internet of Things (“IoT”)

From the WP29’s press release “The European data protection authorities, assembled in the Article 29 Working Party (WP29) at its Plenary meeting of 16 and 17 September, adopted an opinion on the Internet of Things (IoT). Drawing the attention on the privacy and data protection challenges raised by “smart things” which are gradually entering our daily […]

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NY Appellate Division denies district attorney’s motion to dismiss Facebook appeal re bulk warrants and allowed technology companies to file amicus briefs

On September 25, 2014, the NY Appellate Division of the Supreme Court denied the New York County District Attorney motion to dismiss Facebook’s appeal of In re search 381 search warrants directed to Facebook and dated July 23, 2013. In July 2013, a trial court issued bulk search warrants directing Facebook to produce virtually all records and communications […]

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African Union adopts Data Protection Convention

On June 27, 2014, the 54 States participating to the African Union adopted the African Union Convention on Cyber-security and Personal Data Protection. Chapter II of the Convention, ‘Personal Data Protection’ describes comprehensive data protection measures, relevant to both the public and private sectors. The text of the Convention can be found here. Open Pdf Follow us […]

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California attorney disciplined for photoshopping pictures in her website

In the matter of Svitlana E. Sangray, Case Ns. 13-O-13838-DFM A California lawyer kept a website featuring a large number of “publicity” photos showing herself and several celebrities. Many of these pictures were not genuine: the attorney had created them by taking original celebrity photos and overlaying her own image. According to the court these […]

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IRS fraud alert for international financial institutions

The Internal Revenue Service (IRS) issued a fraud alert for international financial institutions complying with the Foreign Account Tax Compliance Act (FATCA). Scam artists posing as the IRS sought account holder identity and financial account information from the financial institutions. More information available here.   Follow us on& Like us on   

A European court condemned Google for non removal of search results – it is the first time after the ECJ’s decision on the “right to be forgotten”

For the first time after the ECJ’s decision of last May (“right to be forgotten” decision) a European court has condemned Google in a case concerning the “right to be forgotten”. On September 16, 2014, the TGI (Tribunal de Grande Instance) — court of first instance of general jurisdiction in Paris — issued a decision […]

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Proposed amendments to F.R.Civ.P. 41

On September 18, 2014, the Judicial Conference Committee on Rules of Practice and Procedure proposed an amendment to Rule 41 Rule 41. Current Rule 41(b) generally limits warrant authority to searches within a district, but it contains four exceptions where out-of-district or extra-territorial warrants are permitted. The proposed amendment would authorize an additional exception. Magistrate judge […]

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Proposed amendment to F.R.Civ.P. 37(e)

On September 18, 2014, the Judicial Conference Committee on Rules of Practice and Procedure proposed a completely rewritten Rule 37(e) Rule 37(e). Preservation of ESI is a major issue confronting parties and courts, and loss of ESI has produced a significant split in the circuits. Some circuits hold that adverse inference jury instructions (viewed by […]

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Judicial Conference Committee approves amendments to Federal Rules of Civil Procedure

On September 18, the Judicial Conference Committee on Rules of Practice and Procedure approved proposed changes to the Federal Rules of Civil Procedure. The “Duke Rules Package” proposes amendments to rules 1, 4, 16, 26, 30, 31, 33 and 34, as well as an entirely rewritten Rule 37(e) addressing preservation and sanctions. The Judicial Conference Committee […]

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