Case Law & Court Rules

Yahoo continues to face a massive data breach class action lawsuit after U.S. District Judge Lucy H. Koh denied the company’s motion for dismissal. The lawsuit started on August 30, 2017, when the U.S. District Court for the Northern District of California decided that Yahoo had to face nationwide litigation brought on behalf of over […]

On July 17, 2017, the Italian Data Protection Authority (DPA), the Garante per la Protezione dei Dati Personali, approved the use of computer systems to verify the correspondence between the identity of attorneys enrolled in professional training e-courses (CLEs trainings) and that of people actually connected to the events. The system aims at preventing participants from […]

On October 3, 2017, the Irish High Court deemed that the Irish DPA has “well founded concerns” over US privacy surveillance of Facebook and is worried that there may not be an effective remedy in US law compatible with the fundamental EU data protection right to file a petition before an independent tribunal when EU […]

In this constitutional challenge to the 2013 amendments to sections 766.106 and 766.1065 of the Florida Statutes requiring claimants in a medical malpractice claim to disclose certain protected health information (PHI) and to consent to secret, ex parte interviews between health providers and defendant , the Florida Supreme Court held that the requirements were unconstitutional and […]

On November 29, 2017, the Supreme Court heard oral argument in an important privacy case. The Sixth Circuit held that the protection granted under the Fourth Amendment did not prevent the government to access business records from the defendants’ wireless carriers revealing the user’s location without a warrant. In Carpenter v. United States Timothy Carpenter and Timothy Sanders […]

On October 22, 2017, a Portland resident filed a lawsuit before the Portland District Court seeking class-action status against Uber over a 2016 data breach. According to the complaint, Uber announced in November 2017 a data breach that occurred in late 2016 and that compromised the personal information of 57 million Uber users. Rather than […]

  On October 16, 2017, the U.S. Supreme Court accepted the U.S. government’s request to review a previous appeals court ruling in favor of Microsoft, preserving service providers from surrendering information stored abroad. The U.S.’s highest court had to decide if companies have a right to refuse to comply with data disclosure demands made by […]

The right to be forgotten has been judicially recognized by the CJEU with the Google Spain judgment  (Case C-131/12). According to the judgement, Europeans have the right to disappear from search engine’s results under certain conditions. The National Commission of Information Technologies and Liberties (CNIL), Commission nationale de l’informatique et des libertés, rejected some complaints […]

On June 27, 2017, the Grand Chamber of the European Court of Human Rights (“ECHR”) issued its judgment in the case of Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland (application no. 931/13) holding that the publication of personal tax information does not violate Article 10 (freedom of expression) of European Convention on Human Rights. […]

On June 5, 2017, the Supreme Court granted a writ of certiorari to review the decision by the Sixth Circuit holding that the protection granted under the Fourth Amendment did not prevent the government to access business records from the defendants’ wireless carriers revealing the user’s location without obtaining a warrant. In Carpenter v. United States […]