In January 2014 the Federal Trade Agency informed that twelve U.S. businesses agreed to settle after they falsely claimed to be abiding by the international privacy framework known as the U.S.-EU Safe Harbor. The U.S.-EU Safe Harbor enables U.S. companies to transfer consumer data between the United States and the European Union, in compliance with […]
The article discusses how far apart European and American legal systems are when it comes to data privacy and liability. The developments relating to the recent European ruling could prompt a discussion in America about privacy policies. The full text of the article is available at: http://blogs.wsj…
All of the devices that lawyers use today can be lost, and the smaller the device, the more likely it is to be lost. These devices contain enormous amounts of information, much of which is confidential. Reasonable precautions require law firms to recognize the possibility of loss of devices and to develop appropriate policies to […]
On April 25, 2014 James Francis, Magistrate Judge of the Southern District of New York, held that all U.S.-based Internet, email, and on-line storage providers can be forced to hand over overseas data, if so requested by a U.S. government search warrant. The case itself addressed a search warrant issued to Microsoft for a customer’s […]
In a case of first impression, a New York Magistrate Judge held that US-based Internet service providers must turn over data stored overseas, if so requested by a U.S. government search warrant. The case itself addressed a search warrant issued to Microsoft for a customer’s data stored in Dublin, Ireland. More information on the Court […]
The page describes the W3C work on Tracking Preferences and a Do Not Track Button. According to W3C “users need a mechanism to express their own preferences regarding tracking that is both simple to configure and efficient when implemented”. Abstract “This specification defines the DNT request header field as an HTTP mechanism for expressing […]
Topic: Independency of National Data Protection Authorities Relevant Law: EU Directive 95/46/EC Regulation (EC) No 45/2001 The full text of the judgments is available at: http://curia.europa… Open Pdf
European Court of Justice (“ECJ”) held that Data Protection Directive 95/46/EC requires national supervisory authorities for the protection of personal data to operate with complete independence in the exercise of their duties. Hungary failed to fulfill such obligations by prematurely ending the term served by its national supervisory authority. Mr. András Jóri had been appointed […]
On April 7, 2014, the District Court held that the Federal Trade Commission (“FTC”) has authority to bring an unfair trade practice claim involving data security without formally issuing regulations before bringing such claim. Defendants used a computer system that handled reservations and payment card transactions while storing consumers’ personal information, “including names, addresses, email […]
The number of social media has increased tremendously during the last years. Is it ok for employers to ask their employees to turn over usernames or passwords for their personal accounts? Employers argue that access to personal accounts would protect proprietary information or trade secrets, help them comply with federal financial regulations, or prevent exposure […]