Privacy & Security Law Blog

Privacy & Security Law Blog

Legal Commentary and Resources for the Payment Industry

Insight & Commentary on Information Management and Protection
Second Circuit Adopts FCC’s Narrow Construction of “Implied” Express Consent for Autodialed Calls to Cell Phones
Posted 4 days ago

This updates our report last summer on a Federal Communications Commission (FCC) letter brief filed at the invitation of the U.S. Court of Appeals for the Second Circuit in Nigro v. Mercantile Adjustment Bureau, which observed the FCC taking a noticeably less generous view of its then-recent declaratory rulings on…

Chip-and-PIN is Coming…To the US Government
Posted 4 days ago

Last Friday, in the wake of numerous data breaches, President…

Chip-and-PIN is Coming…To the US Government
Advisory: California Extends Its Medical Data Breach Notification Requirement From 5 to 15 Days
Posted 11 days ago

On Sept. 18, 2014, California’s governor approved Assembly Bill 1755, extending…

Advisory: California Extends Its Medical Data Breach Notification Requirement From 5 to 15 Days
Eleventh Circuit Reverses Refusal to Honor FCC’s TCPA Debt Collection Declaratory Ruling, Fosters Uniformity on TCPA’s Autodialing Exception
Posted 22 days ago

The U.S. Court of Appeals for the Eleventh Circuit has…

Eleventh Circuit Reverses Refusal to Honor FCC’s TCPA Debt Collection Declaratory Ruling, Fosters Un…
Google Street View Plaintiffs on the Hunt for “a Needle in a Haystack” to Demonstrate Standing, but District Court Grants Plaintiffs Greater Role in Examination of Google’s Data
Posted 23 days ago

Back in April, Google filed a Petition for Certiorari with…

Google Street View Plaintiffs on the Hunt for “a Needle in a Haystack” to Demonstrate Standing, but …
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Developments & Commentary

Second Circuit Adopts FCC’s Narrow Construction of “Implied” Express Consent for Autodialed Calls to Cell Phones

This updates our report last summer on a Federal Communications Commission (FCC) letter brief filed at the invitation of the U.S. Court of Appeals for the Second Circuit in Nigro v. Mercantile Adjustment Bureau, which observed the FCC taking a noticeably less generous view of its then-recent declaratory rulings on ...

Chip-and-PIN is Coming…To the US Government

Last Friday, in the wake of numerous data breaches, President Obama signed a new Executive Order that will change how federal agencies use payment cards and allow access to certain government portals.  Those changes include the adoption of chip-and-PIN (also known as EMV) payment terminals and cards, and the implementation ...

Advisory: California Extends Its Medical Data Breach Notification Requirement From 5 to 15 Days

On Sept. 18, 2014, California’s governor approved Assembly Bill 1755, extending California’s stringent breach notification deadline for medical information breaches from five business days to 15 business days for clinics, health facilities, home health agencies, and hospices. This is good news for these healthcare providers, who often found it difficult to ...

Eleventh Circuit Reverses Refusal to Honor FCC’s TCPA Debt Collection Declaratory Ruling, Fosters Uniformity on TCPA’s Autodialing Exception

The U.S. Court of Appeals for the Eleventh Circuit has brought a bit of legal balance back to automated debt collection calls, and reminded lower courts that when it comes to claims under the Telephone Consumer Protection Act (TCPA), they must honor the validity of FCC rulings. The Eleventh Circuit’s decision ...

Google Street View Plaintiffs on the Hunt for “a Needle in a Haystack” to Demonstrate Standing, but District Court Grants Plaintiffs Greater Role in Examination of Google’s Data

Back in April, Google filed a Petition for Certiorari with the U.S. Supreme Court in the Street View case, seeking review of the Ninth Circuit’s decision holding that unencrypted Wi-Fi signals are protected from interception by the federal Wiretap Act. Over the summer, the U.S. Supreme Court denied Google’s petition, ...

Resources & Updates

FACTA Class Actions

In the July 2014 issues of The Review of Banking & Financial Services, DWT payments team members Burt Braverman and Micah Ratner wrote about the truncation requirement of FACTA, which has spawned a wave of class action litigation with potentially ruinous damages for “willful” violations. The authors describe the court rulings ...

FTC Releases 2014 Privacy and Data Security Update, Touting Its Efforts and Achievements in Protecting Consumer Privacy

Last week, the Federal Trade Commission (FTC) released its 2014 Privacy and Data Security Update, summarizing the FTC’s major enforcement actions, policy initiatives, rules, reports, workshops, and outreach efforts in the privacy and data security arenas from approximately January 2013 until March 2014. In the 2014 Update, the FTC underscores ...

Department of Energy Invites Cybersecurity Comments

In a Federal Register notice to be officially published Friday, June 20, 2014, the Department of Energy (DOE) is inviting public participation in its efforts to develop a guidance document entitled “Energy Sector Framework Implementation Guidance.” The term “Framework” references the Framework for Improving Critical Infrastructure Cybersecurity which was released ...

Government Officials Continue to Reference NIST Framework

On Thursday, June 12, 2014, while delivering remarks on cybersecurity at the American Enterprise Institute in Washington, D.C., Federal Communications Commission Chairman Tom Wheeler challenged businesses to be more proactive in addressing increasingly prevalent threats to their cybersecurity, urging them to embrace a “new paradigm” in which the private sector ...

UPDATE on Breslow v. Wells Fargo – Same as the Old Boss: Eleventh Circuit Withdraws Opinion Just Four Days Later, But to Little Practical Effect

Just a few days ago, we reported on the Eleventh Circuit’s decision in Breslow v. Wells Fargo, which reaffirmed precedent that strict liability can arise in autodialer, prerecorded-message and texting suits under the Telephone Consumer Protection Act (TCPA), if a caller or texter obtained consent from the intended recipient, but ...