Privacy Risk Report

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privacy

Claims Against Uber In New Lawsuit Show The Potential For Liability Beyond Not Protecting Data

Uber’s technology and business plan has consistently presented a number of interesting privacy issues.   Another interesting privacy issue involving Uber came to light on November 28, 2017 when the City of Chicago and Illinois (“plaintiffs”) filed their Complaint in a… Continue Reading →

Court Refuses To “Bail Out” Data Breach Plaintiffs By Dismissing Bailment Claim

At this point in the development of data breach litigation, it is clear that plaintiffs may be on a sinking ship when they try to establish liability and damages against defendants. In order to meet their burden, a plaintiff must show they… Continue Reading →

Square Pegs: Recent Case Shows Problems With Fitting Cyber Liability Claims Into Law That Is “A Bit Dated”

Many litigants are struggling with how to fit the “square peg” of cyber security claims into the “round hole” of law that may have been around for a number of decades.  One recent example was seen on June 27, 2017, when… 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 →

Recent Litigation Provides Example of Password Being Possibly Too Safe

It is evident that password security is one economical way to decrease the chances of a cyber incident, but recent litigation sheds light on a situation involving a password having too much protection. The American College of Education (ACE), which… Continue Reading →

Data Breach Litigation Evolves, Allows the Breaching Entity and the Breaching Entity’s Data Security Vendors to be Named as Defendants

To date, the key question in data breach litigation has been whether plaintiffs can demonstrate that they suffered damages and, therefore, have standing to bring suit. In just the last two weeks courts have rendered decisions on whether data breach… Continue Reading →

Court Rejects Insured’s Attempt at “Selectively Reading” Property Policy to Cover Data Breach

In Camp’s Grocery, Inc. v. State Farm Fire & Cas. Co., 4:16-cv-00204 (October 25, 2016), the U.S. District Court for the Northern District of Alabama granted summary judgment to defendant State Farm and denied plaintiff Camp’s Grocery (Camp’s) cross-motion to… Continue Reading →

Barbie (Still) Can’t Keep a Secret: Toy Makers Enter Settlement Related to “Smart Toys”

In March 2015, there was growing concern over privacy issues related to collecting data via “smart toys.” At that time, Mattel had just released its newest Barbie, “Hello Barbie,” which contained an embedded microphone in the doll’s belt to record… Continue Reading →

Courts Begin to Struggle With Issues Presented by the Internet of Things

The “Internet of Things” generally describes how physical objects around us are increasingly becoming wired to the internet, providing unprecedented access to information on how we live our lives. While it is well established that the Internet of Things provides… Continue Reading →

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