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Privacy Law Blog

David Munkittrick

David Munkittrick David Munkittrick is an associate in the Litigation Department. His practice encompasses a broad variety of complex commercial litigation and focuses on antitrust and intellectual property matters. He has litigated copyright, trademark, entertainment, antitrust and privacy matters in courts around the country, and is accredited by the International Association of Privacy Professionals as a Certified Information Privacy Professional. David maintains an active pro bono practice and has been repeatedly recognized as Empire State Counsel by the New York State Bar Association for his pro bono service. He also is a recipient of Proskauer’s Golden Gavel Award for excellence in pro bono work.

Posts by David Munkittrick

In the E.U., Where to Bring Suit When the Subject is Data and the Defendant is a U.S. Company? Hint: It’s About More Than Just Location

Posted in European Union

When are U.S. social media companies subject to European data privacy laws? As we reported in 2013, the answer is often contingent on geographic location – where the relevant data is processed. In 2013, for example, a German court ruled that Facebook was not subject to German data protection laws because the relevant data was… Continue Reading

FCC: The New Data Security Sheriff In Town

Posted in Cyber Security, Data Breaches, Data Privacy Laws, Security Breach Notification Laws

Data security seems to make headlines nearly every week, but last Friday, a new player entered the ring.  The Federal Communications Commission (“FCC”) took its first foray into the regulation of data security, an area that has been dominated by the Federal Trade Commission.  In its 3-2 vote, the FCC did not tread lightly –… Continue Reading

No Class: Hulu Users Lose Certification Motion

Posted in Data Privacy Laws, Online Privacy, Privacy Litigation, Uncategorized

After a decision denying class certification last week, claims by Hulu users that their personal information was improperly disclosed to Facebook are limited to the individual named plaintiffs (at least for now, as the decision was without prejudice). The plaintiffs alleged Hulu violated the federal Video Privacy Protection Act by configuring its website to include a… Continue Reading

On the Horizon: FCC’s New Telemarketing Rules

Posted in Direct Marketing, TCPA

On October 16, 2013, the Federal Communications Commission’s (“FCC”) new rule implementing the Telephone Consumer Protection Act (“TCPA”) will go into effect.  These are rules with teeth, as the TCPA allows recovery of anywhere between $500 and $1,500 for each improper communication and does not require a showing of actual injury.  This makes the TCPA a… Continue Reading

Standing in Data Breach Litigation

Posted in Articles, Data Breaches

In a world full of electronic information (not to mention hackers and identity thieves), data breaches—the loss, theft, or unauthorized access to data—are a reality for companies that collect and store personal information. Breaches can occur in myriad ways: a hacker gains access to a database or an unencrypted laptop is stolen, to name but… Continue Reading

Rise of the Genome

Posted in Medical Privacy, Workplace Privacy

We pack tons of personal and sensitive information in our DNA.  While the human genome has been mapped for a decade, legal issues of genetic privacy are just beginning to rise.  Earlier this month, the U.S. Supreme Court decided what Justice Alito described as “perhaps the most important criminal procedure case that this court has heard… Continue Reading

FTC Issues Recommendations on Mobile Data Disclosures, Urges Mobile Industry To Act

Posted in Mobile Privacy

Data use and sharing disclosures on mobile devices need work, the FTC said in a staff report released last week.  The report recommends ways that actors in the mobile marketplace—such as mobile operating system providers, application developers, advertising networks, and analytics companies—can inform consumers of data collection and sharing practices.  While the FTC tailors recommendations… Continue Reading

Standing on the Precipice: Privacy Litigation and Standing Requirements

Posted in Data Breaches, Fourth Amendment, Identity Theft, Privacy Litigation

The U.S. Supreme Court heard arguments last month in Clapper v. Amnesty International, a case that asks the Court to determine whether a group of lawyers, journalists, and human rights workers have standing to challenge the federal government’s international electronic surveillance program under the Foreign Intelligence Surveillance Act.  The plaintiffs alleged Fourth Amendment privacy violations among… Continue Reading

Shaking Up the Settlement Process: FTC Reconsiders Whether Companies Can Deny Wrongdoing While Settling Privacy Violation Claims

Posted in FTC Enforcement, Online Privacy

The Federal Trade Commission (“FTC”) recently announced settlements of cases brought against Google and Facebook for alleged privacy violations. The Google settlement drew headlines for being the largest fine ever assessed for the violation of a FTC consent order ($22.5 million).  But Commissioner J. Thomas Rosch’s dissents are perhaps more momentous, as they have prompted the… Continue Reading

GPS in the Workplace

Posted in Workplace Privacy

Earlier this year in United States v. Jones, the United State Supreme Court addressed the privacy implications of Global Positioning Systems (“GPS”), holding that placing a GPS tracking device on a suspect’s car was a “search” under the Fourth Amendment. Though a growing number of employers are using GPS systems to track employee activity on the… Continue Reading

Smart Grid Technology Implicates New Privacy Concerns

Posted in Data Privacy Laws

The smart grid is an advanced metering infrastructure made up of “smart meters” capable of recording detailed and near-real time data on consumer electricity usage.  That data would then be sent to utilities through a wireless communications network.  In recent years, utilities have increased the pace of smart meter deployment—smart meters are expected to be… Continue Reading