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Updates has written 8 posts for Data Points

Reading the Section 5(a) Tea Leaves: What the end of 2015 may suggest about the FTC priorities in 2016

by Associate Breana Jeter The end of 2015 represented a mixed bag for the Federal Trade Commission on privacy enforcement.  In November, the FTC’s Chief Administrative Law Judge dismissed the FTC’s complaint against LabMD for a possible data breach of 1,718 patients’ insurance claim information.  The patient’s sensitive information was discovered on peer-to-peer software by a … Continue reading

IN DRAFTING COMPANY-ISSUED DEVICE AND BYOD POLICIES, DON’T FORGET THE WAGE AND HOUR ISSUES.

I’ve been holding my breath waiting for the decision by the U.S. District Court for the Northern District of Chicago in the Allen v. City of Chicago overtime collective action before giving you a blog post on this case. The trial concluded almost two months ago. Because I am starting to turn blue, and because … Continue reading

European Court of Justice Invalidates E.U. – U.S. Safe Harbor Framework

On October 6, 2015, the European Union’s Court of Justice (the “ECJ”) invalidated the E.U. – U.S. Safe Harbor Framework (the “Safe Harbor”) — a data transfer arrangement upon which thousands of U.S. based companies have relied for legally transferring personal data outside of the European Union to the United States.   In order to better … Continue reading

Federal Cybersecurity Legislation Moving Quickly, But Is It In the Wrong Direction?

By:  Marcus Lee and Omari Sealy Federal cybersecurity legislation seeking to establish a national standard for data protection and breach response is quickly working its way through the legislative process.  The bipartisan bill, formerly known as the Data Security And Breach Notification Act of 2015 (hereafter “cybersecurity bill”), was introduced into the U.S. Senate on April … Continue reading

User Beware: Facebook’s Internet.org Platform Considered to be “Privacy Nightmare”

By:  Tandy Blackburn and Mindy Vervais

NYC Jumps on Band Wagon Limiting Employer Use of Credit History in Making Employment Decisions

One of the earliest U.S. privacy laws applicable to private entities was the Fair Credit Reporting Act (FCRA), enacted in 1970.  The FCRA placed substantial requirements on the use of background checks and credit information for consumer and employment purposes.  Those requirements included the two universal tenets of privacy protections—notice (that information will be collected … Continue reading

Former Uber Driver Files Class Action for Data Security Breach

Uber Technologies Inc., the internet-based taxi service, was recently hit with a putative class action lawsuit over a data breach involving the personal information of about 50,000 current and former drivers.  Uber develops, markets and operates a mobile app-based transportation network.  Its app allows consumers to submit a trip request that is then routed to … Continue reading

Proceed with Caution: Vehicle to Vehicle Communication Technology

Will the brave new world of automobiles include talking vehicles?  According to a plan by the National Highway Traffic Safety Administration (“NHTSA”), the answer is yes.  NHTSA has provided advanced notice that it intends to propose a rule http://www.nhtsa.gov/About+NHTSA/Press+Releases/NHTSA-issues-advanced-notice-of-proposed-rulemaking-on-V2V-communications  that all passenger cars and light trucks must have vehicle to vehicle (“V2V”) communication capability by 2019.  … Continue reading

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The technology and regulatory landscape is rapidly changing, thus impacting the manner in which companies across all industries operate, specifically in the ways they collect, use and secure confidential data. Moore & Van Allen’s Privacy & Data Security Group recognizes the challenges clients face in the effort to stay abreast of such volatility. “Data Points” seeks to educate by providing transparent and cutting-edge insight on the most critical issues and dynamics. Our goal is to inform business decision-makers who are navigating these waters about the information they must protect, and what to do if/when security is breached.

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