Today the European Commission’s Article 29 Working Party released Opinion 08/2012 providing further input on the EU’s revised Data Protection Regulation. The purpose of the Opinion is to provide “further guidance, notably on certain key data protection concepts and by analysing the need for and the effect of the proposed delegated acts and where necessary suggesting […]
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In Matter of First Impression, Eleventh Circuit Rules That Data Breach Putative Class Action Complaint Adequately Alleges Injury and Causation
In Curry v. AvMed Inc., No. 11-13694 (11th Cir. Sept. 5, 2012), the Eleventh Circuit found that the named plaintiffs sufficiently alleged injury and causation by including detailed allegations making it plausible, not merely possible, that their purported injuries resulted from the data breach. In AvMed, plaintiffs alleged that their identities were stolen as a […]
U.S. Senator Sends Cybersecurity Inquiry Letter to American Businesses as White House Executive Order Nears Completion
Chief executives of each of the Fortune 500 companies will soon receive a letter from Senator John D. Rockefeller IV (D-W.Va.) asking them to describe how their companies address computer network security, or “cybersecurity.” In the letter, Senator Rockefeller explains that he is addressing Fortune 500 companies directly because of the recent stalling of the Cybersecurity Act […]
Rep. Markey Introduces Mobile Device Privacy Act (H.R. 6377)
Rep. Ed Markey (D-MA) today introduced in the U.S. House of Representatives the “Mobile Device Privacy Act”, which was numbered H.R. 6377 and will be referred to the House Energy & Commerce Committee for further consideration. Congressman Markey serves as a member of the committee and Co-Chair of the Bi-Partisan Congressional Privacy Caucus. In his […]
FTC Publishes Guidance for Mobile App Developers
On September 5, 2012, The Federal Trade Commission (“FTC”) announced the publication of a guide (the “Mobile App Marketing Guide”) designed to assist mobile application (“app”) developers to observe truth-in-advertising and basic data privacy and security principles when promoting their technologies. For more than a decade, the FTC has examined consumer protection issues arising in conjunction with […]