Data Privacy Monitor

Data Privacy Monitor

Commentary on Data Privacy & Information Security Subjects

Category Archives: Privacy Litigation

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Information Governance – 2013 in Review

Posted in Data Breaches, Online Data Tracking, Online Privacy, Privacy, Privacy Litigation
By: Judith A. Selby and James A. Sherer 2013 was the year that the term “Information Governance” or “IG” began to be widely used outside of technical circles. Despite that fact, the concept of IG is not well understood. Gartner, a premier information advisory company, defines IG as the specification of decision rights and an accountability framework … Continue Reading

Opening the Flood Gates? California Voters May Create Presumption of Harm in Privacy Breach Cases

Posted in Data Breaches, Privacy, Privacy Class Actions, Privacy Litigation
Authored by: Julian Perlman Editor’s Note: This post is a joint submission with BakerHostetler’s Class Action Lawsuit Defense blog. California has moved one step closer towards amending its Constitution to create a presumption of harm whenever personal data is shared without a consumer’s express opt-in, a change that would clear a significant hurdle to many privacy breach … Continue Reading

South Korea Court Opens the Door for Unintentional Data Breach Collective Actions

Posted in Data Breaches, International Privacy Law, Litigation, Privacy Class Actions, Privacy Litigation
Authorship Credit:  Nathan A. Schacht This is a cross blog post with BakerHostetler’s class action blog.  For the latest in class action developments, visit classactionlawsuitdefense.com.  On February 15, 2013, the Seoul Western District Court in South Korea issued a judgment in a collective consumer action against a South Korean company for a data breach involving … Continue Reading

Courts Preliminarily Approve Settlements in Netflix and Blockbuster Video Privacy and Protection Act Class Actions

Posted in Litigation, Privacy Litigation
Two Federal District Courts recently approved settlements in two significant class actions brought under the Video Privacy and Protection Act, 18 U.S.C. § 2710, et seq. (“VPPA”), which limits the disclosure of personally identifiable information about subscribers as well as the amount of time that video rental service providers can retain subscriber information. On July … Continue Reading

DPPA Does Not Prohibit Bulk Obtainment of Motor Vehicle Records

Posted in Litigation, Privacy Litigation
The Sixth Circuit Court of Appeals has upheld the dismissal of a purported class action lawsuit brought under the federal Driver’s Privacy Protection Act, 18 U.S.C. § 2127, et. seq. (“DPPA”).  Plaintiffs’ claims in Wiles v. Ascom  Transport System, Inc., Case No. 11-5342, were based on the bulk obtainment of personal information from Kentucky motor … Continue Reading

US Supreme Court Finds that Mental and Emotional Distress are not “Actual Damages” under the Privacy Act

Posted in Privacy Litigation
In privacy litigation, the majority of the federal courts have required demonstration of a certain tangible, provable harm before granting damage awards to plaintiffs claiming a violation of their privacy.  The Supreme Court’s recent decision in Federal Aviation Administration et al. v. Stanmore Cawthon Cooper, case number 10-1024, is no different.  In the Court’s March 28, … Continue Reading