On April 15, 2015, the Energy and Commerce Committee of the US House of Representatives approved the “Data Security and Breach Notification Act” by a vote of 29 to 20. The draft legislation aims to tackle data security threats at a national level. The document will be taken up in the House next week. More […]
On April 14, 2015, in Sweet v. LinkedIn Corporation, a California District Court held that reference searches conducted through LinkedIn do not amount to background checks. LinkedIn Reference Searches are not protected under the Fair Credit Reporting Act (“FCRA”), and therefore employers are not subject to its requirements, (e.g. obtaining candidate’s written permission, disclosures obligations). In this […]
The article describes the recent decision by the UK Court of Appeal with which the Court dismissed the appeal by Google to prevent users from pursuing action before UK Courts. With the judgment the Court found that: “(i) users can claim compensation for breach of the Data Protection Act 1998 (DPA) for distress where they […]
On April 1, 2015, Facebook received a class action complaint and demand for jury trial for having allegedly violated users’ privacy by collecting and using their biometric data. According to the complaint, through its “tag suggestions” program, Facebook scans all pictures uploaded by users and identifies any Facebook friends they may want to tag. Plaintiff […]
On April 3, 2015, Microsoft announced that the Do Not Track option will no longer be a default setting in its Windows browsers. Do Not Track is a technology that enables users to opt out of tracking by websites they do not visit, including analytics services, advertising networks, and social platforms. According to Microsoft blog, […]
Author argues that the Data Security and Breach Notification Act of 2015 should require that medical identity monitoring be provided in healthcare breaches, just as credit monitoring has become a defacto standard for financial information breaches. The full text is available at https://www2.idexpertscorp…
Author argues that there is still a “yawning gulf” between what’s been done so far with the Data Security and Breach Notification Act of 2015 and what needs to happen in the realm of cyber legislation. The full text is available at http://www.forbes…
Nathan M. Crystal & Francesca Giannoni-Crystal – new publication: Something’s got to give: breve comparazione tra l’approccio americano ed europeo al cloud computing, soluzioni pratiche, Cultura e Diritti, no.4/2014, October- December 2014, p. 27 (see here)
On March 26, 2015, the House of Representative introduced bill H.R. 1704, Personal Data Notification and Protection Act of 2015. Among other purposes, the bill aims at establishing a national data breach notification standard for business entities reaching a certain threshold. The bill was assigned to a congressional committee on March 26, 2015, which will […]
On March 24, 2015, the European Court of Justice (ECJ) heard arguments on case C-362/14. The ECJ is called to decide on whether national judges are “absolutely bound” by a company’s declaration to participate in the Safe Harbor, or whether they could still conduct their own investigations to determine if personal data are protected according […]