Privacy

  • Defining Reasonable Care for the Protection of Personal Data

    The Pennsylvania Supreme Court enlivened the Thanksgiving holidays of privacy lawyers in 2018 with its decision in Dittman v. UPMC, which held that an employer has a legal duty to exercise reasonable care to safeguard employees' personal information. While the scope of the decision technically was confined to the employer-employee relationship, the court's reasoning implies that such a duty of reasonable care may arise in any scenario where one party engages in the collection of personal information.

    March 01, 2020Devin Chwastyk

  • Florida Lawmakers Introduce Online Privacy Legislation

    Florida lawmakers have introduced companion bills in the Florida House (HB 963) and Senate (SB 1670) that would create limited online privacy rights and obligations in the state. The legislation appears to be very similar to the Nevada Online Privacy Protection Act, which was amended last year to add a right to opt-out of sales of covered information.

    March 01, 2020David M. Stauss and Malia Rogers

  • A Look Behind, A Look Ahead: Part 1 - Cybersecurity

    Cybersecurity Law & Strategy partnered with our ALM sibling Legaltech News to ask cybersecurity and e-discovery experts what they thought the key trends were in 2019 and what they expect to see in 2020.

    January 01, 2020Steve Salkin

  • Data Privacy: Building Compliant and Adaptable Systems

    Rather than trying to institute changes to comply with every new privacy law as it emerges, a better approach is to view data privacy as an overall framework and adopt a holistic response to compliance with the built-in flexibility to constantly adapt to an ever-changing legal landscape.

    January 01, 2020Tomas Suros

  • GDPR Had Some Bite in 2019

    Although no company was hit with the maximum GDPR fine of 4% of the company's worldwide annual revenue, GDPR fines issued in 2019 were still a force to be reckoned with.

    January 01, 2020Victoria Hudgins

  • Unique Cyber Risks Faced By the Cannabis Industry

    All companies face cybersecurity threats, but the legalized cannabis industry's storage of personally identifiable information and reliance on seed-to-sale tracking software can place it firmly within hackers' crosshairs.

    December 01, 2019Victoria Hudgins

  • What Is the Appropriate Statute of Limitations Period for BIPA Claims?

    The BIPA compliance lag has led companies using or collecting biometric information to consider how far back their liability may extend. The Illinois General Assembly, however, did not include an explicit statute of limitations period in BIPA. As a result, the statute of limitations has become one of BIPA's primary battlegrounds as litigants argue about potential class sizes and damages awards.

    November 01, 2019Sean Wieber, Patrick O'Meara and Eric Shinabarger

  • The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask — 100 Days Out

    Part Two of a Two-Part Article Part One of this article, last issue, covered how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues. Part Two continues with the rights that CCPA grants to Californians, the CCPA's impact on company privacy policies, how other states' privacy laws compare to the CCPA, exceptions and penalties for violating the Act.

    November 01, 2019Alan L. Friel