The implementation of codes of conduct and whistleblowing systems is expanding at the international level. Global companies must pay attention to local law requirements when rolling out these codes in foreign countries, in order notably to comply with the rules and regulations provided by the local data protection authorities to
Northern District of Illinois Foreshadows Tough Row[e] to Hoe for Identity Exposure Plaintiff, but Denies Motion to Dismiss
By Proskauer Rose on
On January 5, 2010, Judge William Hibbler of the U.S. District Court for the Northern District of Illinois became the latest federal district judge to share his views about whether an increased risk of future harm based on the inadvertent exposure of personal information is a legally cognizable harm. In Rowe v. UniCare Life & Health Insurance Co., No. 1:09-cv-2286 (N.D. Ill. Jan. 5, 2010), Judge Hibbler . . . hinted that the plaintiff’s claims for violations of the Fair Credit Reporting Act (“FCRA”) and the Illinois Insurance Information and Privacy Act, as well as his common law claims of invasion of privacy, negligence and breach of implied contract, may ultimately be dismissed if the plaintiff failed to show a basis for damages other than his alleged increased risk of future harm, such as identity theft.
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District Court Rules E-mail Order Confirmations Not Subject to FACTA
By Proskauer Rose on
Judge John W. Darrah of the Northern District of Illinois Eastern Division held that FACTA’s prohibition against the electronic printing of a debit or credit card’s expiration date on receipts was inapplicable to e-mail order confirmations.
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EU Article 29 Working Party Elevates Israel to Rank of Select Few Countries That Are Deemed to Possess “Adequate” Data Protection Laws
By Jeremy M. Mittman on
On January 5, 2010, the EU Article 29 Data Protection Working Party published an opinion finding that Israel provides an "adequate" level of data protection under the EU Data Protection Directive. Should the European Commission ("EC") adopt the Article 29 Working Party’s recommendation (and there is no reason to think that it would not), Israel will join the ranks of the select few countries that the EU has deemed to have an "adequate" level of data protection, such as Argentina, Canada, and Switzerland (notably, the United States is not on this list).
Netflix Sued for “Largest Voluntary Privacy Breach To Date”
By Natalie Newman on
On December 17, 2009, a class action suit was filed against online movie rental giant, Netflix, Inc., in the United States District Court for the Northern District of California. Plaintiffs in Doe v. Netflix are claiming that Netflix has “perpetrated the largest voluntary privacy breach to date.”
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Facebook Simplified Its Privacy Policy, But Has Anyone Noticed?
Posted on
Facebook’s new policy includes a bullet point summary of key points at the beginning of the policy followed by section headings that allow users to jump to particular areas of the policy. Complex legal terms have been replaced throughout the policy by more basic language, with hyperlinks to pages containing more detail on key terms or issues.
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Data Breach Class Action Fails – Court Dismisses Securities Fraud Case Against Heartland
By Scott Carpenter on
On December 7, 2009, a federal district court sitting in New Jersey dismissed a securities fraud class action lawsuit against Heartland Payment Systems arising from a massive breach of credit and debit card information and, in doing so, reinforced the difficulties private plaintiffs face in bringing data breach lawsuits under the federal securities laws.