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 […]
On February 25, 2019, an Illinois Senator introduced SB2134 to amend the Biometric Information Privacy Act (740 ILCS 14/1 et seq., BIPA) creating a private right of action. The bill is currently in Committee. The majority of BIPA claims have been brought against businesses as class actions seeking statutory damages. Synopsis Amends the Biometric […]
On December 20, 2018, the new European Electronic Communications Code (EECC) and the BEREC Regulation entered into force. The EECC represents a major reform of the European telecom regulatory framework. The BEREC Regulation is an associated regulation concerning the Body of European Regulators for Electronic Communications (BEREC). They are both part of the Digital Single […]
Author describes which are the most common cases implicating IoT devices and collected data, how to preserve those data, and how to collect and request them. Author suggests how to effectively extract relevant IoT “information in litigation while balancing the operational and privacy challenges that these new sources of digital evidence raise.” The full […]
Apps using face recognition cause some privacy concerns. The iPhone X’s front sensors scan 30,000 points to make a 3D model of users’ faces and then shares the faces’ maps with lots of apps. However, Apple spokesman Tom Neumayr said “We take privacy and security very seriously. This commitment is reflected in the strong protections […]
The author discusses how cloud service providers may be considered Data Processor under the EU General Data Protection Regulation (GDPR) if they provide “data processing services (e.g. storage) on behalf of the Data Controller without determining the purposes and means of processing (Art.4(7) and (8), GDPR).” The article draws a line between duties and responsibilities […]
On June 5, 2017, the Supreme Court granted a writ of certiorari to review the decision by the Sixth Circuit holding that the protection granted under the Fourth Amendment did not prevent the government to access business records from the defendants’ wireless carriers revealing the user’s location without obtaining a warrant. In Carpenter v. United States […]
On May 11, 2017, the Spanish Data Protection Agency (DPA), the Agencia Española de Protección de Datos (AEPD) and ISMS Forum Spain, a not for profit, published a Big Data privacy code of conduct, the Código de buenas prácticas en protección de datos para proyectos de Big Data. The Code refers to Regulation […]
On October 20, 2016, the European Data Protection Supervisor (EDPS) published Opinion 9/2016 on Personal Information Management Systems, PIMS. The opinion acknowledges that the recently adopted GDPR provides for increased transparency, powerful rights of access and data portability, giving individuals more control over their data. However, the EDPS highlighted how market conditions and business practices can […]
The author discusses how and if big data should be used in both summonsing and jury selection. The full text is available at http://www.abajournal.com…