Privacy Risk Report

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Even Though Court Finds No Liability For Monitoring Customers, New Products Show Technology Presents Many Thorny Issues

Last week, toymaker Mattel announced that it was not moving forward with its Aristotle product, which has been described as a “kid-focused smart hub.” The device was an artificial intelligence babysitter that could “switch on a night light to soothe a crying baby… Continue Reading →

The Line Between Obligations To Disclose Information And Obligations To Protect Private Information

For many years, governmental bodies and some commercial companies have had a responsibility to provide information conveniently to the public.  Specifically, under Open Records Acts, Freedom of Information Action requests and other similar requirements, many governmental bodies have to provide… Continue Reading →

Responses To Large-Scale Breaches, Such As Equifax, May Need To Be Analyzed In “Phases” By Data Collectors

The best strategy for data collectors to prepare a breach response plan may be to look at what others did right and wrong in response to a cyber incident.  After reviewing a number of responses to large-scale data breaches, it… Continue Reading →

New NIST Standards Allow Courts And Legislatures To Learn The Language Of Data

As courts and legislatures around the country struggle with issues related to data breaches, cyber, technology and privacy, they are finding a lack of standards to guide them through their struggles. Of course, a court may struggle to determine whether a duty… Continue Reading →

Law Firm Cyber Attack Is Involved In A “Series Of Mistaken Assumptions”

On June 27, 2017, the law firm DLA Piper (“law firm”) found itself to be one of many of targets of a recent global cyber attack. The attack reportedly did not compromise any client data.  Reports indicate that, even though email… Continue Reading →

Class Action Lawsuit Asks Whether Free Apps Were “Goofy” When They Collected Children’s Data

Toymakers have recently received more than their share of scrutiny concerning the collection, storage and breaches of data belonging to children.  Cases involving this data move past questions of whether a data breach was avoidable and, instead, ask whether certain data… Continue Reading →

Through Thick And Thin: Anthem Breach Shows Lasting Commitment For Data Breach Cases

There should be little question that data breach litigation will continue to present unique issues for courts.  However, we are also starting to see a trend showing settlements in data breach litigation may present novel issues.  For example, the documents publicly available related… Continue Reading →

Data Breach Litigation Presents Novel Questions Concerning Federal Civil Procedure

The Federal Rules of Civil Procedure allow a defendant to remove an action from state court to federal court as long as the federal court would have subject matter jurisdiction over the litigation in the first place. A federal court… Continue Reading →

App Users Throw Transit Provider Under The Bus On Privacy Issues And Use Of Data

A class action complaint was filed against BART, the San Francisco Bay Area Rapid Transit District, on May 22, 2017 in the District Court for the Northern District of California alleging BART created a “clandestine collection of private cell phone… Continue Reading →

Take This Job And Shove It—Oh, But First Can I Get My Family Pictures and iTunes Off My Work Phone?

Technology in the workplace has developed to a point where we now have our personal data and our employer’s data commingled on the same devices.  We may now see employees using work phones to store personal numbers and family pictures… Continue Reading →

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