Privacy

GIPA litigation remains in its early stages, but the possibility of exorbitant statutory damages could make GIPA the next major trend in privacy class action litigation.

For years, the business community has been calling for a comprehensive federal privacy law, frustrated with operating under a patchwork of sometimes-conflicting state laws. Now, Congress is considering one that's extremely wide-ranging and that observers say has a legitimate chance of passage.

Many organizations — from growing start-ups to mature, well-established companies — are struggling with the new reality of what it means to manage data in an era of digital transformation, exponential data growth, and expanding regulatory regimes focusing on data management and minimization.

Like so many other features of the MHMDA, data subject rights are deceptively complicated and have the potential to create significant administrative hurdles to getting it right. In this article, we examine the tricky issues in our MHMDA FAQs and take a deep dive into data subject rights.

Many employers struggle with not only identifying what is private protectable information, but also how to safeguard that information while also protecting the company's own business interests. Given the increased costs of litigation, it is critical that employers understand their obligations under the law and how to strike a legally compliant balance between these competing interests.

The assessment and audit requirements of the new generation of state data protection laws will force U.S. companies to move beyond mere window dressing and instead require them to develop fulsome data protection programs.

The New Jersey law follows states, such as California, Texas, and Connecticut, who have enacted privacy laws, including broad laws addressing consumer data privacy, children's privacy laws, consumer health data privacy laws, and data broker laws.

The practice of seeking a "keyword warrant" is a technique of dragnet policing. A keyword warrant requires the production of all IP addresses for anyone who inputs a particular word or phrase into an internet search engine. The search results are then used to identify a device user.