Topic: Dispute resolution and litigation

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

Photo of David Kessler (US)Photo of Anna Rudawski (US)Photo of Alexis Wilpon (US)By David Kessler (US), Anna Rudawski (US) and Alexis Wilpon (US) on Posted in Compliance and risk management, Dispute resolution and litigation, Privacy law
Cyber authorities sound the alarmIllinois’ 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

Photo of Wilson AngPhoto of Anna GamvrosPhoto of Jeremy Lua (SG)Photo of Edward Yau (HK)By Wilson Ang, Anna Gamvros, Jeremy Lua (SG) and Edward Yau (HK) on 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

Photo of Susan Ross (US)Photo of Kathleen Scott (US)By Susan Ross (US) and Kathleen Scott (US) on Posted in Compliance and risk management, Cybercrime, Cybersecurity, Dispute resolution and litigation, Enforcement, General
Norton Rose Fulbright - Data Protection Report blogOn 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)

Photo of Steven Hadwin (UK)Photo of Marcus Evans (UK)Photo of Amanda Sanders (UK)By Steven Hadwin (UK), Marcus Evans (UK), Amanda Sanders (UK) and Janine Regan (UK) on Posted in Cybercrime, Cybersecurity, Data breach, Dispute resolution and litigation
Norton Rose Fulbright - Data Protection Report blogIn 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

Photo of Jean-Simon SchoenholzBy Jean-Simon Schoenholz on Posted in Compliance and risk management, Cybersecurity, Dispute resolution and litigation, Regulatory response
Data Protection Report - Norton Rose FulbrightRecent 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

No surprises in the recent Planet49 European Court of Justice judgment

Photo of Christoph Ritzer (DE)Photo of Natalia Filkina (DE)Photo of Lara White (UK)By Christoph Ritzer (DE), Natalia Filkina (DE) and Lara White (UK) on Posted in Dispute resolution and litigation
Data Protection Report - Norton Rose FulbrightOn 1 October 2019, the European Court of Justice (ECJ) delivered its judgement on Case C – 673/17 (the “Planet49” case), which relates to the consent and transparency requirements for the use of cookies and similar technologies. The ECJ largely followed the March 2019 Opinion of Advocate General Szpunar and the judgment is generally consistent … Continue reading

The right to be forgotten: the CJEU sides with Google in two landmark cases

Photo of Nadège Martin (FR)Photo of Nilofar Moini Shabestari (FR)By Nadège Martin (FR) and Nilofar Moini Shabestari (FR) on Posted in Dispute resolution and litigation
Norton Rose Fulbright - Data Protection Report blogOn 24 September 2019 the Court of Justice of the European Union (CJEU) gave two judgments (Cases C-507/17 and C-136/17) ruling that: (i) de-referencing by Google should be limited to EU Member States’ versions of its search engine with some important qualifications; and (ii) when Google receives a request for de-referencing relating to a link … Continue reading

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

Photo of Ben Grant (UK)By Ben Grant (UK) and Admin on 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

Photo of Cécile Auvieux (FR)Photo of Nadège Martin (FR)By Cécile Auvieux (FR) and Nadège Martin (FR) on Posted in Dispute resolution and litigation, Enforcement
Norton Rose Fulbright - Data Protection Report blogFive 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

Browsewrap agreements: Are you covered?

Photo of Spencer Persson (US)By Spencer Persson (US) on Posted in Dispute resolution and litigation, General
Norton Rose Fulbright - Data Protection Report blogIn 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?

Photo of Steven Hadwin (UK)Photo of Ffion Flockhart (UK)Photo of Jonathan Ball (UK)Photo of Marcus Evans (UK)Photo of Charlie Weston-Simons (UK)Photo of Rahul Mansigani (UK)By Steven Hadwin (UK), Ffion Flockhart (UK), Jonathan Ball (UK), Marcus Evans (UK), Charlie Weston-Simons (UK) and Rahul Mansigani (UK) on Posted in Data breach, Dispute resolution and litigation
Norton Rose Fulbright - Data Protection Report blogA 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

Photo of Jeewon Kim Serrato (US)Photo of Anna Rudawski (US)Photo of Alexis Wilpon (US)By Jeewon Kim Serrato (US), Anna Rudawski (US) and Alexis Wilpon (US) on Posted in Dispute resolution and litigation
Data Protection Report - digital privacy, CCPA and cybersecurityOn 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

Photo of Spencer Persson (US)By Spencer Persson (US) on Posted in Data breach, Dispute resolution and litigation
Norton Rose Fulbright - Data Protection Report blogOn 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

Photo of Susan Ross (US)By Susan Ross (US) on Posted in Dispute resolution and litigation
Data Protection Report - digital privacy, CCPA and cybersecurityOn 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

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

Photo of Christoph Ritzer (DE)By Christoph Ritzer (DE) on Posted in Compliance and risk management, Dispute resolution and litigation
Data Protection Report - Norton Rose FulbrightThe 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

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

By on Posted in Data breach, Dispute resolution and litigation
Data Protection Report - Norton Rose FulbrightThe 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

Photo of Marcus Evans (UK)By Marcus Evans (UK) on Posted in Compliance and risk management, Dispute resolution and litigation
Data Protection Report - Norton Rose FulbrightUnder 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 Posted in Data breach, Dispute resolution and litigation
Data Protection Report - Norton Rose FulbrightThe 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
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