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EU-U.S. Safe Harbor Update: Agreement in Principle on Aspects of a New Framework

By Mary-Elizabeth M. Hadley on Nov 06, 2015
In a speech earlier this week, European Justice Commissioner Vera Jourová announced that there was agreement “in principle” between the European Union (“EU”) and United States regarding components of a new safe harbor framework for transatlantic data flows.

House Seeks to Reassure Europe by Approving Bill to Extend Privacy Protections to Certain Foreign Citizens

By Mary-Elizabeth M. Hadley on Oct 26, 2015
Yesterday, the U.S. House of Representatives passed the Judicial Redress Act, legislation that would enable citizens of certain countries, such as those in the European Union (“EU”), to file suit against U.S. government agencies for certain Privacy Act violations.

Demise of the EU-US Safe Harbor: 10 Steps To Consider Moving Forward

By The Global Privacy and Cybersecurity Practice on Oct 26, 2015
The European Court of Justice has found the US-EU Safe Harbor to be inadequate. What are companies looking to transfer data from the European Union to the United States supposed to do?

5 Things Companies Should Consider in Reaction to the EU Decision on Safe Harbor

By The Global Privacy and Cybersecurity Practice on Oct 26, 2015
Yesterday, in a landmark opinion, the European Court of Justice overturned the European Commission's 15-year old decision that the privacy principles of the U.S.-EU Safe Harbor Accord provide an adequate level of protection of the personal data of EU citizens.

Social Media Site Posts Safe from Criminal Defendants’ Pre-Trial Subpoenas, Says a California Appellate Court

By Mary-Elizabeth M. Hadley on Sep 16, 2015
In a decision last week, a California appeals court directed the trial court to quash Defendants’ subpoenas for public and private content from the Facebook, Instagram and Twitter accounts of the murder victim and a witness, rejecting the argument that the Stored Communication Act (“SCA”) violated Defendants’ constitutional rights.

Third Circuit Upholds FTC’s Authority to Regulate Cybersecurity “Unfairness”

By Mary-Elizabeth M. Hadley on Sep 02, 2015
In a much-anticipated decision last week, the U.S. Court of Appeals for the Third Circuit affirmed the authority of the Federal Trade Commission (“FTC” or the “Commission”) to regulate cybersecurity under the unfairness prong of Section 5 of the FTC Act.

Three Lessons Learned from a Data Breach Investigation

By Behnam Dayanim and Mary-Elizabeth M. Hadley on Sep 01, 2015
As the number of data breaches continues to increase, so does the vigilance of regulatory authorities in investigating such incidents.

Wave of FTC Safe Harbor Enforcement Continues with 13 Proposed Settlements

By Mary-Elizabeth M. Hadley on Aug 19, 2015
The Federal Trade Commission (“FTC”) continued its recent, high-profile efforts to demonstrate vigilance in its enforcement of the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks with the announcement earlier this week that it had reached proposed settlements with 13 companies.

A Circuit Split Emerges: At Least for Now, the Protection Afforded to Cell Location Information Depends on Where You Are

By Mary-Elizabeth M. Hadley on Aug 10, 2015
Can the government compel disclosure of historical cell-site location information (“CSLI”) without a warrant? According to the Fourth Circuit, cell phone subscribers possess a reasonable expectation of privacy in such information, and a warrant is required. In contrast, the Eleventh and Fifth Circuits have held that a lower-threshold court order is all that is needed.

FCC and the IoT: What to Watch for This Week

By Adam Reich on Aug 03, 2015
Companies manufacturing “smart” products in the virtually unregulated Internet of Things (“IoT”) space may soon find themselves inviting regulation from the Federal Communications Commission (“FCC”).

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