The Supreme Court has issued its much anticipated opinion in Spokeo Inc. v. Robins, No. 13-1339, 578 U.S. ___ (2016) (click here for a prior post detailing the procedural history and case background). The Supreme Court granted certiarori in Spokeo to determine whether a bare violation of a statute – the Fair Credit Reporting Act […]
Privacy & Cybersecurity Litigation
Art. 29 Working Party Issues Formal Opinion Opposing Privacy Shield
Several hours after holding a closely-watched press conference we reported on yesterday, the Article 29 Working Party (“Art. 29 WP”) released its highly anticipated formal opinion on the adequacy of Privacy Shield. Background The European Commission has put forth a draft “adequacy decision” in which it declares that on the basis of Privacy Shield, the […]
EU Council Issues New Consolidated GDPR and Accelerates GDPR’s Legislative Timetable
Yesterday evening, the Council of Ministers issued a new consolidated version of the General Data Protection Regulation (GDPR). This is the first “clean” version of the GDPR that (a) incorporates all revisions agreed upon from the time of the Commission’s original 2012 proposal to the December 2015 trilogue compromise text; and (b) numbers individual provisions […]
Examining the Judicial Redress Act
The proposed Judicial Redress Act has recently been touted as a critical step towards developing a revised “Safe Harbor 2.0″ framework. (See our prior posts on Safe Harbor here and here.) This post summarizes the essential provisions of the bill as passed by the House of Representatives and currently pending before the U.S. Senate. As […]
FTC and Wyndham Settle Data Security Allegations
On December 9, 2015, the Federal Trade Commission announced that Wyndham Worldwide Corp., Wyndham Hotel Group LLC, Wyndham Hotels and Resorts, LLC, and Wyndham Hotel Management, Inc. (“Wyndham”) had agreed to settle FTC charges that the company’s security practices unfairly exposed the payment card information of consumers to hackers in three separate data breaches between […]