Class Action Lawsuit Against Data Broker for Inaccurate Information Dismissed for Lack of Standing

A putative class action lawsuit against data broker Spokeo.com for violations of the Fair Credit Reporting Act (FCRA) and California’s Unfair Competition Law was recently dismissed for lack of standing.

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Recent Amendments to Russian Data Protection Law Further Clarify International Data Transfer Rules

          On July 25, Russian President Dmitry Medvedev signed into law an amendment to the Russian data protection law, "On Personal Data".  The new amendments are effective as of July 1, 2011.  Of special significance, the amendments provide further clarification regarding the transfer of personal data to individuals or entities located outside of Russia.  Prior to the recent amendments, before transferring personal data from Russia to, for example, the United States, in the absence of obtaining prior written consent, a company needed to determine whether the United States (or another country, as the case may be) possessed data protection laws that provided an "adequate" level of protection.  However, the old Russian law provided little clarification as to which countries qualified under that standard, or how a company should go about deciding which countries qualified.

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Veto, Veto, Pass! New Governor Means New Breach Notification Law in California

On Wednesday, August 31, 2011, California became the third state this year to amend its existing security breach notification law when Governor Jerry Brown signed into law Senate Bill 24 (“SB 24”). Interestingly, the bill also marks the third time (in three years) that a bill attempting to beef up the state’s breach notice law has landed on the Governor’s desk. Former Governor Arnold Schwarzenegger vetoed the previous two. SB 24’s specific changes, while far from sweeping, include the addition of content requirements for notice letters to individuals and a requirement to send a sample letter to the state’s attorney general if more than 500 people are affected by a breach.

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