U.S. Supreme Court grants certiorari because settlements may not be “fair, reasonable, and adequate” since Plaintiffs might not have standing in light of Spokeo

On March 20, 2019, the U.S. Supreme Court vacated a judgment of the Ninth Circuit and remanded it for further proceedings “Because there remain substantial questions about whether any of the named plaintiffs has standing to sue in light of our decision in Spokeo, Inc. v. Robins, 578 U. S. ___ (2016).” By way of […]

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Class action against Facebook’s processing of personal biometric data continues

Updated on October 18th, 2019: On August 8, 2019, the United States Court of Appeals for the Ninth Circuit held that the plaintiffs have constitutional standing to sue Facebook for violating statutory privacy rights under the Illinois Biometric Information Privacy Act of 2008. Facebook had filed a motion to dismiss arguing that plaintiffs lacked standing […]

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A Tale of Two Data Privacy Actions: What Constitutes Harm in the US and EU?

The vast difference between the views of privacy held in the US and in the EU is illustrated by the divergent paths of two prominent data privacy actions.  In the EU, the action was brought by Max Schrems as a complaint before the Irish Data Protection Commissioner, claiming that Facebook’s transfer of user data to […]