February 20, 2018| Blog
We've discussed privacy compliance with regulations, legal requirements, etc. in the space since this blog's inception. "Privacy by design" - while not a new concept - is certainly enjoying a new spot in the sunshine thanks to the European Union's General Data Protection Regulation ("GDPR") (93 days and counting...) and its codification of "privacy by design and default" in Article 25.
February 13, 2018| Article
The Federal Communications Commission’s November 16, 2017 Report and Order aimed at combatting unlawful robocalls was published in the Federal Register on January 12, 2018 and becomes effective on February 12, 2018. More details on the Report and Order and Further Notice of Proposed Rulemaking (“FNPRM”) can be found in our November TCPA Digest.
February 13, 2018| Blog
If your company is one of the broad group of businesses licensed by the New York Department of Financial Services (NY DFS), a very important deadline is bearing down on February 15. Regulated entities have under Thursday to attest to their compliance with the first-in-the-U.S. cybersecurity regulations (details and links are in blog post below).
February 12, 2018| Blog
In case you had not heard, the European Union is replacing its current privacy laws with a new, comprehensive General Data Protection Regulation (GDPR), which takes effect May 25, 2018.
Carpenter v. United States Privacy Case Pushes Supreme Court to Decide Fourth Amendment Protections of Cell Phone Metadata
January 30, 2018| Blog
The U.S. Supreme Court heard oral arguments in what may become one of the defining consumer privacy cases of our generation. The central question in Carpenter v. United States asks whether the government violates the Fourth Amendment by accessing an individual’s historical cell phone locations records without a warrant.
January 26, 2018| Blog
The European Commission has launched a new data protection website aimed at educating the public and helping businesses and other organizations comply with their new obligations under the General Data Protection Regulation.
January 22, 2018| Blog
Recently, there has been a lot of discussion regarding the Spectre and Meltdown vulnerabilities. This alert provides a simple overview of what these vulnerabilities are, what systems could be affected, as well as steps that companies can take to reduce the risks that these vulnerabilities create.
January 17, 2018| Alert
The European Union is replacing its current privacy laws with a new, comprehensive General Data Protection Regulation (GDPR), which takes effect May 25, 2018. The essential principles of the EU’s privacy laws are unchanged, but the new Regulation imposes many new obligations on many more entities – all backed up by fines modeled on European antitrust laws.
January 9, 2018| Article
Kohl’s Department Stores Inc. was recently successful in obtaining dismissal of a Telephone Consumer Protection Act (TCPA) Class Action Complaint filed against it by Amy Viggiano. The reason? Because Ms. Viggiano failed to properly opt-out of receiving text messages.
January 3, 2018| Blog
Happy 2018. You may notice a new widget in the right sidebar of our home page. Now you have a reminder as to just how close we are to the GDPR D-Day. GDPR is real. GDPR is here.
December 20, 2017| Blog
This month’s issue examines four recent rulings from Seventh Circuit trial courts regarding an FCC rule under the TCPA that mandates opt-out language on solicited faxes, or those sent with the recipient’s consent.
December 19, 2017| Blog
Biometric data is a hotbed of activity these days. We've discussed the frenetic pace at which class actions are being filed in Illinois under the Biometric Information Privacy Act.
December 19, 2017| Blog
One of the most striking changes to EU privacy law under the EU’s General Data Protection Regulation (which goes into effect May 25, 2018) is the very strict approach to user consent.
December 12, 2017| Blog
The National Association of Insurance Commissioners (NAIC) has approved its draft of the Insurance Data Security Model Law (Model Law) via a meeting of its Executive and Plenary Committees.
December 11, 2017| Blog
As we near the end of a year that has seen more than its share of massive data breaches, two bills have been introduced (one re-introduced) in the U.S. Senate.
December 4, 2017| Blog
Since last September, the Mintz Levin Privacy Webinar Series has focused on the upcoming EU General Data Protection Regulation (GDPR) to help businesses understand the reach and scope of the GDPR and prepare for the potentially game-changing privacy regulation.
November 13, 2017| Blog
Recently proposed legislation in Ohio could provide businesses with special protection from lawsuits in the event of a hack under certain circumstances. Senate Bill 220 would shelter businesses that have been proactive in instituting defenses to guard against data breaches.
November 8, 2017| Blog
Consumers are increasingly turning to health apps for a variety of medical and wellness-related purposes. This has in turn caused greater amounts of data—including highly sensitive information—to flow through these apps.
November 7, 2017| Blog
The clock is ticking down to May 25, 2018 , the date that the European Union's General Data Protection Regulation (GDPR) goes into effect. The GDPR is likely to be a game-changer for US companies doing business with the European Union, and many are racing against the clock to figure out exactly what their compliance obligations are.
The Law of Unintended Consequences: BIPA and the Effects of the Illinois Class Action Epidemic on Employers
November 5, 2017| Blog
Has your company recently beefed up its employee identification and access security and added biometric identifiers, such as fingerprints, facial recognition, or retina scans? Have you implemented new timekeeping technology utilizing biometric identifiers like fingerprints or palm prints in lieu of punch clocks?
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