As health care providers, patients, family members, friends, and disaster relief agencies such as the American Red Cross continue to grapple with the aftermath of Hurricane Sandy it is important to be mindful of privacy regulations and to prepare in advance for the next emergency. The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”… Continue Reading
When Social Security Numbers were initially issued in 1936 as part of the New Deal Social Security program, few could foresee that this nine digit number would evolve beyond its limited purpose to become a universal identifier replete with privacy and identity theft implications. More and more, government agencies and private entities have required the… Continue Reading
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.
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. 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. While it is unclear the extent to which this approach will be followed by other courts in the future, the Stanford opinion illustrates that it is possible for litigants and third parties to successfully navigate cross border discovery conflicts even where privacy interests are at stake.
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. You can read what she said, in her own words, on our privacy law blog.
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 the no-win situation that foreign corporations continue to be placed in by the tension between U.S. courts and foreign law. Subsequent history in this matter further illustrates the seriousness of this predicament.
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.
On March 8, 2010 the SDNY issued the latest opinion addressing the conflict between U.S. discovery laws and foreign blocking statutes. In Gucci Amer., Inc. v. Curveal Fashion, the court compelled a third-party to produce documents located at its subsidiary despite claims that such production was illegal under the Malaysian law. 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.
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.
The Family Educational Rights and Privacy Act (20 U.S.C. 1232g; 34 CFR Part 99) (“FERPA”) imposes various requirements on educational institutions regarding the privacy of personally identifiable information contained in education records of students. On December 9, 2008, the U.S. Department of Education (“DOE”) published final rules amending the regulations that implement FERPA. … Continue Reading
Early this month I discussed recent developments in data breach litigation at a webinar hosted by Debix.
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… 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… 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. … Continue Reading