The Supreme Court recently held in Carpenter v. United States that an individual has a reasonable expectation of privacy in historical cell-site location information (CSLI) that provides a comprehensive view of the individual’s movement. A 5-4 decision, Carpenter marks a significant development for both the third-party doctrine and in the privacy space more generally. Carpenter […]
Oregon and Arizona Amend Breach Notification Laws
Amended breach notification laws recently took effect in Oregon or will soon take effect in Arizona. In both cases, the amended laws heighten existing requirements and reflect broader trends in the breach notification landscape at the state level, including by expanding the scope of “personal information” that triggers notification and requiring notification within a specified […]
Chicago City Council Considers Data Collection and Protection Legislation
Unique and detailed data protection legislation is currently under consideration by the Chicago City Council. If passed in its current form, the Data Collection and Protection Ordinance (the “Ordinance”) would impose consent, notification, and registration obligations on regulated companies, as well as require a prescribed notice to users of location services on mobile devices and […]
Article 29 Working Party Issues Guidance on Administrative Fines
The Article 29 Working Party (“WP29”) recently issued much-anticipated guidance on administrative sanctions under the General Data Protection Regulation (the “GDPR”). This guidance focuses on the holistic factors which Supervisory Authorities (the “SAs”) are to use in issuing assessments for violations of the GDPR. These factors make clear that WP29 views sanctions issued under the […]
Data Monetization and State Privacy Laws
On June 8, magazine publisher Trusted Media Brands, Inc. settled a class action lawsuit for $8.2 million after purportedly disclosing the personal information and magazine choices of customers to third parties. The lawsuit, Taylor v. Trusted Media Brands, Inc., No. 7:16-cv-01812 (S.D.N.Y. June 8, 2017), alleged that the publisher’s actions violated Michigan’s Video Rental Privacy […]