Topic: Dispute resolution and litigation

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Illinois Supreme Court Rules that Compensation Act is not a bar to BIPA Damages

Illinois’ Biometric Information Privacy Act (“BIPA”) is considered the most comprehensive law governing the processing of biometric data. Passed in 2008, BIPA sets out requirements for private entities, including employers, that collect, use, store, and share biometric information. It’s also one of the most popular class action suits today – hundreds, if not thousands of … Continue reading

A Tale of Two Cities: The Right of Private Action in Data Protection in Singapore and Hong Kong

By Wilson Ang (SG), Anna Gamvros, Jeremy Lua (SG) and Edward Yau (HK) on November 2, 2021 Posted in Dispute resolution and litigation, General, PDPA, Privacy law

The Singapore High Court and the Hong Kong District Court have both considered the right to compensation for injury to feelings in two recent cases involving misuse of personal data but arrived at different conclusions. Singapore: In Bellingham, Alex v. Reed, Michael, Mr. Bellingham obtained the email addresses of his former employers’ customers without their … Continue reading

NYDFS Requires COVID-19 Plans by April 9

By Susan Ross (US) and Kathleen Scott (US) on April 2, 2020 Posted in Compliance and risk management, Cybercrime, Cybersecurity, Dispute resolution and litigation, Enforcement, General

Norton Rose Fulbright - Data Protection Report blog

On March 10, 2020, the New York Department of Financial Services (NYDFS) issued guidance to all of its regulated institutions engaged in virtual currency business activity, requiring them to have plans for preparedness to manage the possible operational and financial risks posed by the COVID-19 pandemic. NYDFS requires the plans to be submitted by Thursday, April 9, … Continue reading

Good news for employers, finally – the UK Supreme Court hands down judgment in WM Morrison Supermarkets plc (Appellant) v Various Claimants (Respondents)

By Steven Hadwin (UK), Marcus Evans (UK), Amanda Sanders (UK) and Janine Regan (UK) on April 1, 2020 Posted in Cybercrime, Cybersecurity, Data breach, Dispute resolution and litigation

In a judgment which will be warmly welcomed by employers (and their insurers) in the UK, the UK Supreme Court today overruled the Court of Appeal in holding that that Morrisons supermarkets is not vicariously liable for a data breach maliciously caused by a former employee.… Continue reading

Application by Privacy Commissioner To Shed Light on Judicial Enforcement of PIPEDA

By Jean-Simon Schoenholz on February 24, 2020 Posted in Compliance and risk management, Cybersecurity, Dispute resolution and litigation, Regulatory response

Data Protection Report - Norton Rose Fulbright

Recent legal action by the Office of the Privacy Commissioner of Canada (OPC) will shed light on the Federal Court’s willingness to enforce and monitor compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA). On February 6, the OPC filed a notice of application (the Application) in the Federal Court seeking a declaration … Continue reading

Covert monitoring in the workplace – impact on an employee’s privacy

By Amanda Sanders (UK) on November 8, 2019 Posted in Dispute resolution and litigation, General

The Grand Chamber of the ECHR held that Spanish shop workers’ right to privacy under Article 8(1) of the ECHR was not violated when their employer obtained evidence of theft from covert CCTV footage of the employees.… Continue reading

Data protection and cyber risk issues in arbitration – dealing with regulation, cyber attacks and hacked evidence

By Pierre Bienvenu (CA) and Ben Grant (UK) on September 20, 2019 Posted in Cybercrime, Cybersecurity, Data breach, Dispute resolution and litigation, General

The GDPR has significantly altered the landscape of data protection. Its broad scope and potentially severe penalties have forced those who hold and process data to take note of its provisions. In certain instances, that will include many in the international arbitration community, such as arbitral institutions. In parallel, cyber attacks and instances of hacking … Continue reading

French court issues decision on legality of Privacy Rules and Terms of Use under data protection and consumer law

By Cécile Auvieux (FR) and Nadège Martin (FR) on April 12, 2019 Posted in Dispute resolution and litigation, Enforcement

Five years after the commencement of legal proceedings against Google by leading French consumer association UFC Que Choisir, the Paris “Tribunal de Grande Instance” (TGI), in a decision dated 12 February 2019, issued its ruling on the legality of the Google+ Terms of Use and Privacy Rules, both with respect to consumer law and personal … Continue reading

EU Advocate General issues opinion on consent for cookies and intersection between ePrivacy-Directive and GDPR

By Lara White (UK), Marcus Evans (UK) and Sven Jacobs (DE) on March 27, 2019 Posted in Dispute resolution and litigation

The opinion includes whether consent is ‘freely given’ pursuant to the ePrivacy-Directive and GDPR and insight on what constitutes ‘informed consent.'… Continue reading

Companies’ right to privacy

By David Kessler (US) and Susan Ross (US) on February 13, 2019 Posted in Compliance and risk management, Dispute resolution and litigation

On January 3, 2019, the federal trial court in Manhattan issued a preliminary injunction, temporarily halting a new local law aimed at required disclosures by home-sharing platforms, such as Airbnb and HomeAway, to the city.… Continue reading

Browsewrap agreements: Are you covered?

By Spencer Persson (US) on November 7, 2018 Posted in Dispute resolution and litigation, General

In a recent decision, a California federal court held that an arbitration provision contained in Viacom, Inc.’s browsewrap agreement was unenforceable and denied Viacom’s request to stay the case pending arbitration.[1] The court’s decision in Rushing v. Viacom, Inc. is consistent with “courts’ traditional reluctance to enforce browsewrap agreements against individual consumers.”[2]… Continue reading

Lloyd v Google – putting the brakes on English data breach litigation?

By Steven Hadwin (UK), Ffion Flockhart (UK), Jonathan Ball (UK), Marcus Evans (UK), Charlie Weston-Simons (UK) and Rahul Mansigani (UK) on October 8, 2018 Posted in Data breach, Dispute resolution and litigation

A judgment handed down today by the English High Court will be welcomed by UK data controllers. Lloyd v Google [2018] EWHC 2599 represents a corollary to recent case law expanding the circumstances in which litigation may be brought in relation to breaches of data protection legislation. Most notably, the case: reinforces the need for … Continue reading

US Supreme Court expands digital privacy rights in Carpenter v. United States

By Jeewon Kim Serrato (US), Anna Rudawski (US) and Alexis Wilpon (US) on June 27, 2018 Posted in Dispute resolution and litigation

Data Protection Report - digital privacy, CCPA and cybersecurity

On June 22, 2018, the US Supreme Court issued a 5-4 decision in Carpenter v. United States, holding that the federal government needs a warrant to access cellphone location records. In the decision, the Court agreed that there should be a higher standard for accessing location records due to their intrusive nature.… Continue reading

Ninth Circuit further entrenches circuit split over standing in data breach cases

By Spencer Persson (US) on March 20, 2018 Posted in Data breach, Dispute resolution and litigation

On March 8, 2018, the Ninth Circuit issued its highly anticipated decision in In re Zappos.com, Inc., finding that allegations of future risk of identity theft from a data breach are sufficient to confer standing. This decision fuels an ongoing circuit split, pitting the D.C., Sixth, Seventh and now Ninth Circuits against the Second, Fourth, … Continue reading

FCC TCPA order partially upheld and partially set aside

By Susan Ross (US) on March 17, 2018 Posted in Dispute resolution and litigation

On March 16, 2018, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision on the Federal Communications Commission (FCC) omnibus order of 2015, relating to challenges to four of the FCC’s determinations relating to cell phones. The appellate court upheld the FCC’s determinations that consumers can revoke consent to receive … Continue reading

Vicarious liability in UK data breach-related litigation – is Morrisons a game-changer?

By Steven Hadwin (UK), Jonathan Ball (UK), Ffion Flockhart (UK), Marcus Evans (UK) and Ralph Wilkinson (UK) on December 4, 2017 Posted in Data breach, Dispute resolution and litigation

The High Court in London has handed down a judgment establishing that, as a matter of English law, a company can be held vicariously liable in respect of data breaches caused by its employees.… Continue reading

German court: monitoring of employees by key logger is not allowed

By Christoph Ritzer (DE) on August 8, 2017 Posted in Compliance and risk management, Dispute resolution and litigation

The German federal labor court held in a recent decision (Bundesarbeitsgericht, 27 July 2017 – case no. 2 AZR 681/16) that the use of evidence obtained through the use of key logger software is not permitted under current German privacy law, if there is no suspicion of a criminal offense. Such monitoring is only allowed … Continue reading

Do promises to use “best efforts” to protect data really require unreasonable action?

By on May 11, 2017 Posted in Data breach, Dispute resolution and litigation, Vendor management and transactions

Given the stakes if sensitive data is breached, the customer may insist that a vendor use its "best efforts" to protect its data. But one rarely sees a "best efforts" clause in a technology contract, especially with respect to data protection.… Continue reading

Fourth Circuit Weighs In On What Constitutes “Injury-in-Fact” in Data Breach Cases

By Spencer Persson (US) on April 3, 2017 Posted in Data breach, Dispute resolution and litigation

In Beck v. McDonald, the 4th US Court of Appeals joined at least 5 other circuits in analyzing whether mere allegations of future identity theft can establish injury-in-fact as required to confer Article III standing. … Continue reading

Pa. Appellate Court: Employer Owes No Duty of Care to Protect Employee Data Against Breach

By on March 8, 2017 Posted in Data breach, Dispute resolution and litigation

The Superior Court of Pennsylvania last month dismissed a class action lawsuit, Dittman v. UPMC, brought by employees of the University of Pittsburgh Medical Center (“UPMC”) for a 2014 data breach. The breach impacted nearly 62,000 UPMC employees and resulted in at least 788 fraudulent tax filings. The court held that UPMC had no duty to … Continue reading

UK Court of Appeal Rules that Exemptions to Access Rights are Construed Narrowly

By Marcus Evans (UK) on February 20, 2017 Posted in Compliance and risk management, Dispute resolution and litigation

Under the UK Data Protection Act 1998 (“DPA“), data subjects have rights to obtain copies of their personal information through a data subject access request (“DSAR“). Data subjects frequently use DSARs to obtain information in the context of non-data protection disputes with data controllers. There has been much controversy over this practice, particularly as the … Continue reading

Settlement of Target Data Breach Consumer Class Action Is Derailed On Appeal

By on February 7, 2017 Posted in Data breach, Dispute resolution and litigation

The Eighth Circuit Court of Appeals last week reversed the district court’s approval of a settlement and settlement class in the consolidated consumer class action arising from Target Corporation’s 2013 security incident. This decision provided a new perspective on a persistent dilemma in the evolving law of data breaches: how to handle data breach victims … Continue reading