Corporate Counsel published an article authored by Nolan Goldberg, Senior Counsel, Intellectual Property and Technology, concerning the recent decision compelling Microsoft to produce e-mails located on foreign servers. The article, entitled “Is the Flap Over Microsoft Emails in Ireland Overblown?”, provides a counter-point to critics who believe that Judge
Electronic Communications
Massachusetts Jury Finds Violation of Stored Communications Act and Massachusetts Privacy Laws
In January 2011, David Cheng (Plaintiff) filed a lawsuit against his former co-worker and fellow radiologist, Laura Romo (Defendant), alleging a violation of the Stored Communications Act (SCA) and Massachusetts privacy law. After the U.S District Court of Massachusetts denied Defendant’s motion for summary judgment on both counts, the case…
HHS Empowers Consumers to Know (and Enforce) their Rights Under HIPAA
The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published on its website a series of factsheets designed to educate consumers unfamiliar with their rights under the Health Insurance Portability and Accountability Act’s (HIPAA) Privacy and Security Rules. These four factsheets are described in detail…
Is data breach notification compulsory under French law?
On May 28th, the Commission nationale de l’informatique et des libertés (“CNIL”), the French authority responsible for data privacy, published guidance on breach notification law affecting electronic communications service providers. The guidance was issued with reference to European Directive 2002/58/EC, the e-Privacy Directive, which imposes specific breach notification requirements on electronic communication service providers.
French legislator recently amended Article 34 of the Data Protection Act to reflect the EU e-Privacy Directive’s breach notification requirement.According to Article 34 of the French data protection law (as revised), the notification obligations are applicable if:
- Personal data is processed;
- By an electronic communications service provider;
- During the course of its business of providing electronic communications services (e.g. telephone service or internet access)
Ninth Circuit: ECPA Protects Stored Communications of Foreign Citizens
In a recent decision, the Ninth Circuit held that “the ECPA unambiguously applies to foreign citizens.” In Suzlon Energy Ltd. v. Microsoft, Suzlon Energy demanded Microsoft to produce emails from the Hotmail email account of an Indian citizen imprisoned abroad. The district court held that the Electronic Communications Privacy Act (“ECPA”) prohibited Microsoft from producing the documents even though the individual was not a U.S. citizen. The Ninth Circuit affirmed.
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International Cellular Network Industry Association Releases Privacy Principles
Hot on the trail of the FTC’s recent report on privacy, the GSMA, the London-based industry association representing over 800 cellular network operators worldwide, released its “high-level” Mobile Privacy Principles (the “Principles”) on January 27, 2011.
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Siriusly – Don’t Forget the State “Do Not Call” Lists
A preliminary injunction recently obtained by the State of Missouri against Sirius XM Radio, Inc. provides a reminder that some states have “Do Not Call” lists that are separate from the National Do Not Call Registry maintained by the Federal Trade Commission and the Federal Communications Commission.
Supreme Court of California Decision Upholds Promotional E-mail Sender’s Method of Avoiding E-mail Filters
The Supreme Court of California held that Vonage did not violate California law by sending commercial e-mail advertisements to individuals from multiple domain names for the purpose of bypassing e-mail filters.
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