Just under a year ago today, the European Court of Justice (ECJ) issued its Schrems decision, which invalidated Safe Harbor and led to substantial developments in US-EU data-transfer mechanisms. In parallel to the ECJ Safe Harbor litigation, Mr. Schrems has maintained two further legal proceedings in the EU: (1) a challenge in the Irish courts […]
Privacy & Cybersecurity Litigation
German DPAs Will Not Be Able to Challenge Privacy Shield this Year
Even before the ECJ’s Schrems decision invalidated Safe Harbor, the European Commission had begun working closely with US negotiators to craft what has become the U.S.-EU Privacy Shield. While EU privacy leaders have noted that Privacy Shield represents important improvements in data protection, some German DPAs have voiced a desire to challenge Privacy Shield in […]
InMobi to Pay $950,000 to Settle FTC Charges that it Secretly Tracked Phone Users
The Federal Trade Commission (“FTC”) announced that InMobi, a Singapore-based mobile advertising company whose products are used by many Android and iOS app makers to deliver advertisements to consumers, will pay $950,000 in civil penalties and implement a comprehensive privacy program to settle FTC charges for deceptively tracking the locations of hundreds of millions of […]
Supreme Court Holds Congress Cannot Confer Automatic Standing By Statute
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 […]
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 […]