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.
Continue Reading...Where U.S. litigation discovery obligations were argued to be in conflict with foreign civil and criminal privacy statutes, many recent opinions found that discovery should proceed under the Federal Rules over the protest of the foreign data custodians. See, e.g., Gucci Amer., Inc. v. Curveal Fashion, No. 09 Civ. 8458, 2010 WL 808639 (S.D.N.Y. Mar. 8, 2010) (compelling the third-party U.S. parent of a foreign bank to produce documents located at its subsidiary despite claims that such production was illegal under Malaysian law) discussed further in prior blog posts here and here. However, in SEC v. Stanford International Bank Ltd, the court departed from this pattern in finding that discovery should first proceed under the Hague convention “in the interest of comity.” Civil Action No. 3:09–CV–0298–N, 2011 WL 1378470 at *14 (N.D.Tex. April 6, 2011).
Continue Reading...On October 19, 2010, speaking at the annual Proskauer on Privacy conference, the Federal Trade Commission's newest Commissioner, Julie Brill, had a lot to say about self-regulation, teen privacy and other FTC privacy initiatives. Commissioner Brill also commented upon the need to "re-think" privacy in order to keep pace with today's technologically advanced society. According to Commissioner Brill, both the Notice and Choice model and the Harm model rely on a theoretical distinction between personally identifiable information and non-personally identifiable information that is "increasingly out of touch with technological advances that allow previously non-identifiable data to be 're-identified.'" In addition, she said, "traditional privacy frameworks have not been sufficient to promote competition based on privacy." So exactly how do we re-think privacy, and what will that mean for all of us?
Click here to read everything else Commissioner Brill had to say, in her own words.
Our April 1, 2010 blog entry discussed the March 8, 2010 Order in Gucci Amer., Inc. v. Curveal Fashion, No. 09 Civ. 8458 (S.D.N.Y.) (the “Order”), compelling the third-party U.S. parent (the “U.S. Parent”) of a foreign bank, to produce documents located at its subsidiary, despite claims that such production was illegal under Malaysian banking secrecy laws. The entry concluded by noting that:
This opinion illustrates the no-win situation that foreign corporations continue to be placed in by the tension between U.S. courts and foreign law, and underscores the importance of raising foreign-law based discovery objections as early and in as detailed a manner as possible in order to maximize the chances of successfully navigating this conflict.
Id. Subsequent history in this matter further illustrates the seriousness of this predicament.
Continue Reading...On May 11, 2010, the Federal Trade Commission responded to a letter previously submitted by Congressman Edward Markey which voiced concern over privacy risks relating to digital copiers.
Continue Reading...On March 8, 2010 the U.S. District Court for the Southern District of New York issued the latest opinion addressing the conflict between U.S. discovery laws and foreign blocking statutes. In Gucci Amer., Inc. v. Curveal Fashion, No. 09 Civ. 8458, 2010 WL 808639 (S.D.N.Y. Mar. 8, 2010), the court compelled the third-party U.S. parent (the "U.S. Parent") of a foreign bank, to produce documents located at its subsidiary despite claims that such production was illegal under the Malaysian law.
Continue Reading...For anyone who will be in Los Angeles on Data Privacy Day, January 28, 2009, please join me for IAPP's Privacy After Hours at the X bar in Century City, 6-8 p.m. Please RSVP to me at tforsheit@proskauer.com.
X bar, Hyatt Regency Century Plaza, 2025 Avenue of the Stars, Los Angeles, CA 90067, 310.551.3332, http://www.hyatt.com/gallery/xbar/index.html
The Family Educational Rights and Privacy Act (20 U.S.C. 1232g; 34
Originally proposed on
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Early this month I discussed recent developments in data breach litigation at a webinar hosted by Debix. You can listen to the webinar at any time by following the instructions here.
All of us in Proskauer's Privacy and Data Security Practice Group wish you a peaceful and happy holiday.
As we prepare to welcome both the 44th President and a revamped Congress to Washington, it is time to consider what privacy under the new administration will look like. Barack Obama polled strongly on the campaign trail as the candidate most likely to advance individual privacy rights, but are the pollsters a good indicator what privacy will look like under the new administration? Here are some of our thoughts about what we may see in the next four years.
Continue Reading...Businesses are on notice to pay more attention to computer security in order to protect business assets and private information, and to thwart infiltrations that threaten interconnected computers. And help is available from the United States Computer Emergency Readiness Team (“US-CERT”).
Department of Homeland Security (“DHS”) Secretary Michael Chertoff and Assistant Secretary of Cybersecurity Greg Garcia recently warned that an uptick in cyber attacks reveal a growing threat to critical U.S. infrastructure and private networks. Garcia warned that hackers “are making massive efforts to compromise computer systems on a global scale,” a reference to the fifty percent in crease in cyber-attacks between 2006 and 2007. Chertoff called upon businesses to help protect networks and infrastructure from infiltration and data theft. Secretary Chertoff remarked, “There's no question this is the vulnerability of the 21st century.” Continue Reading...In a recently unsealed order, Central District of California Magistrate Judge Jacqueline Chooljian ruled that data contained in a computer server’s Random Access Memory (RAM) is “electronically stored information” for purposes of Federal Rule of Civil Procedure 34. She also ordered the defendant to begin logging the contents of certain servers’ RAM and producing the logs.
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Kristen J. Mathews is head of the Privacy and Data Security Group and a member of the Technology, Media and Communications Group. Kri...More...
Jeff Neuburger is a partner in the New York office and Co-Chair of the Technology, Media and Communications Practice Group at Proskau...More...
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Charley Lozada is an Associate in the Corporate Department of Proskauer Rose LLP's New York office and a member of the Privacy and Da...More...
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