Who Can Sue Over Lost or Misused Data?

It’s hardly controversial to say that data breaches are a bad thing for business, resulting in lost customers, lost confidence, and lost credibility.  But what about the lost data?  What kind of consequences come, for instance, when a malicious insider sells vast quantities of customer data, or an outsider exploits a weakness in your security… Read More

A Follow-Up Q&A on LinkedIn v. hiQ

After our discussion of LinkedIn v. hiQ earlier this week, we received a lot of questions from clients and readers about the implications of the case.  We thought it might be easier to compile some of these questions and our responses to continue the conversation about this important case. Q. It seems unfair that hiQ… Read More

Why Deference Matters in Privacy – A Supreme Court Case Study

Summer is always an interesting time for lawyers, because it’s the time of year when the Supreme Court’s term comes to a close and when, typically, they issue their most controversial or difficult rulings.  In fact, the Court sometimes waits until the actual last day of the term before handing out the tough, 5-4 split… Read More

As Transparent as Mud

Transparency is one of the principles driving recent developments in data privacy and data security.  We’ve spent a lot of time discussing how important it is to be open with consumers and data subjects, to give them a clear idea of how their data is used, and why.  The primary reason for this is to… Read More

The Carpenter Decision

The Supreme Court has issued this year’s most important ruling on privacy in Carpenter v. United States. It is a major development in privacy law, laying the foundation for an interpretation of the Fourth Amendment that protects against generalized government surveillance by electronic means. Together with United States v. Jones, it brings Fourth Amendment jurisprudence into the… Read More