In its Memorandum Opinion and Order dated November 9, 2012, the US District Court for the Northern District of Alabama in Pinkard v. Wal-Mart Stores, Inc. held that under the Telephone Consumer Protection Act (TCPA), when an individual discloses his or her cellular phone number to a business, that individual is deemed to have expressly consented … Continue Reading
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
The European Commission’s revised data protection framework proposals include provisions intended to encourage the use of data protection privacy seals, certification mechanisms and trust marks. These provisions would allow data subjects to instantly assess the privacy standards applied by data controllers and processors, thereby providing the comfort that data subjects often seek. The UK Information … Continue Reading
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
