On October 23, 2015, the United States District Court for the District of Minnesota, in large part, upheld Target’s assertion of the attorney-client privilege and work-product protections for information associated with a privileged, internal investigation of Target’s 2013 data breach.
Continue Reading Federal Court: Attorney-Client Privilege and Work-Product Doctrine Upheld for Materials Associated with Internal Data Breach Investigation

On September 11, 2015, the Federal Communications Commission (“FCC”) announced that Lyft Inc. (“Lyft”) and First National Bank Corporation (“FNB”) violated the Telephone Consumer Protection Act (“TCPA”) by forcing their users to consent to receive automated text messages as a condition of using their services. The FCC warned that these violations could result in fines if they continue.

Continue Reading FCC Cites Lyft Inc. and First National Bank Corp. for TCPA Violations

On April 8, 2015, a New York Assemblyman introduced the Data Security Act in the New York State Assembly that would require New York businesses to implement and maintain information security safeguards. The Data Security Act also expands the scope of New York’s breach notification law.
Continue Reading Data Security Act Introduced in New York State Assembly

On December 15, 2014, Microsoft reported the filing of 10 amicus briefs in the 2nd Circuit Court of Appeals signed by leading technology and media companies, computer scientists and trade associations and advocacy organizations, in support of Microsoft’s litigation to resist a U.S. Government’s search warrant purporting to compel the production of Microsoft customer emails that are stored in Ireland.
Continue Reading Industry, Privacy Advocates Join Microsoft to Protect Customer Emails in Foreign Servers

As reported in the Hunton Employment and Labor Perspectives Blog, in Purple Communications, Inc., a divided National Labor Relations Board held that employees have the right to use their employers’ email systems for statutorily protected communications, including self-organization and other terms and conditions of employment, during non-working time.
Continue Reading NLRB Reverses Register Guard; Grants Workers Right to Use Employer Email System for Section 7 Purposes

On May 1, 2014, the White House released a report examining how big data is affecting government, society and commerce. In addition to questioning longstanding tenets of privacy legislation, such as notice and consent requirements, the report recommends (1) passing national data breach legislation, (2) revising the Electronic Communications Privacy Act, and (3) advancing the Consumer Privacy Bill of Rights.
Continue Reading White House Releases Report on Big Data

On June 5, 2013, a federal district court in Ohio held that the Stored Communications Act can apply to an employer reading a former employee’s personal emails on a company-issued mobile device that the employee returned at the end of the employment relationship.
Continue Reading Stored Communications Act Can Apply to Reading Personal Emails on a Former Employee’s Company-Issued Device

On June 28, 2013, the Swiss Federal Data Protection and Information Commissioner issued its annual report highlighting activities during the period from April 2012 to March 2013. This blog post provides an overview of information from the report that is relevant for international businesses with operations in Switzerland.
Continue Reading Swiss DPA Issues Its 20th Annual Report