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Category: Employment/Workplace Privacy

11th Circuit Hears Oral Argument in LabMD Case

Yesterday morning, the United States Court of Appeals for the Eleventh Circuit, sitting in Miami, heard oral argument in the case of LabMD, Inc. v. Federal Trade Commission, No. 16-16270.

For purposes of this post, we presume readers are familiar with this case, which we’ve blogged about extensively since the Federal Trade Commission lodged an Administrative Complaint against LabMD back in 2013.  Briefly, the core question on appeal is whether the FTC overstepped its authority under Section 5(n) of the Federal Trade Commission Act (codified at 15 U.S.C. § 45(n)) when it initiated an enforcement action against LabMD, a Georgia medical testing lab, after certain patient data files were apparently misappropriated, but no patent data actually fell into the wrong hands, and no individual patient suffered any cognizable injury, such as identity theft.

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A question of harm: LabMD to face off with FTC at 11th Circuit

In a consequential test of the Federal Trade Commission’s authority as a data security regulator, the U.S. Court of Appeals for the Eleventh Circuit will hear argument tomorrow in a case that will determine whether the agency must show a concrete consumer injury as an element of an enforcement action, just as private plaintiffs have been required to do for years.

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Second Circuit Court of Appeals Denies Rehearing in Microsoft Case

Back in December 2013, a U.S. magistrate issued a seemingly routine warrant in a narcotics case demanding that Microsoft turn over messages from a customer’s email account that resided on a server in Ireland.  That warrant, which issued under a 1986 law called the Stored Communications Act (“SCA”), 18 U.S.C. § 2703, is still being debated today.

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When Using a Computer Becomes a Crime, Part Two: ACLU, Facebook Weigh In on Ninth Circuit’s Answer

The Electronic Frontier Foundation (“EFF”) and the American Civil Liberties Union (“ACLU”) have weighed in on Facebook’s high-profile dispute with a social media aggregation company over whether it had unlawfully accessed Facebook’s computers.  The EFF and ACLU warned the Ninth Circuit that the panel’s ruling for Facebook risks chilling important investigations and makes “potential criminals out of millions of ordinary Americans on the basis of innocuous online behavior.”  The case is Facebook, Inc. v. Power Ventures, Inc., No. 13-17102. 

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When Is Using a Computer a Crime? Rehearing Sought on Ninth Circuit’s “Distressingly Unclear” Answer

Facebook recently won a landmark victory in the Ninth Circuit against a company that accessed Facebook’s computers to help users manage their social network accounts.  Now the company, Power Ventures, Inc., says that the Ninth Circuit’s decision risks creating “widespread confusion” about when it is a crime to use a computer to access a website.

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Pokémon GO Exposes Risks of Bring-Your-Own-Device (BYOD) Policies

There’s no denying it: Pokémon GO is a phenomenon. 

The smartphone game, in which players use their mobile device camera and GPS to capture, battle, and train virtual creatures, was released in the United States on July 6th.  In a month, it has shot to the top of the App Store charts to become the biggest mobile game in U.S. history.  Within just days of its release, Pokémon GO already had surpassed app giants like Twitter and Tinder in number of downloads and active users, with more than 25 million users playing each day.

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The Paper Trail: The Potential Data-Breach Sitting in your Printer

In April 2016, the sensitive personal medical information of NFL players was stolen from the car of a trainer who had left the files in a backpack in his locked car.  In 2014, Safeway, Inc. settled charges brought by the State of California stemming from an investigation concerning the improper disposal of hard copies of customer information.  In 2014, an insurance company was exposed when maintenance workers who were supposed to move four boxes of member records between floors, instead threw them out.  In 2011, sensitive information regarding an NYPD task force was found in a Manhattan trash can.

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Federal Appeals Court Set to Issue One of the Most Important Privacy Rulings in a Generation

For months, the technology and business communities have been waiting anxiously for a Federal appeals court ruling on whether American companies can be forced to turn over customer information to U.S. law enforcement when that information is stored on servers abroad.  It’s the result of a legal appeal filed last year by Microsoft Corporation that was argued before the U.S. Court of Appeals for the Second Circuit more than seven months ago.

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Traditional General Liability Policy Covers Medical Records Mishap

A U.S. appeals court yesterday held that a traditional corporate general liability policy triggered an insurer’s duty to defend a class action lawsuit alleging that a medical records company failed to properly secure patient records on its server.

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FTC Reviews Case Over Legal Standard For Data Security Enforcement Action

Faced with the prospect of overturning a decision by one of its own administrative law judges, the Federal Trade Commission on Tuesday explored ways in which to render a narrow decision.  The argument was the most recent chapter in the long running data security enforcement action against LabMD, the now defunct medical testing laboratory.

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Employees and “Authorized Access”: A Threat from Within?

Workplace privacy has become an increasingly challenging issue for employees and employers alike.  With technological advancements, employers have enhanced visibility into employee behavior including their use of company resources such as the Internet.  The same advancements have also afforded employees with unprecedented access to a company’s confidential and proprietary information.

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Data Security and The Internet of Things

The Internet of Things (IoT) encompasses any object or device that connects to the Internet to automatically send and/or receive data. This includes common office equipment, such as networked printers and photocopiers, devices that remotely or automatically adjust lighting or HVAC, security systems, such as security alarms and Wi-Fi cameras. Personal wearable devices that employees often bring to work, including fitness devices like Jawbone and Fitbit, smart watches like the Apple Watch and Android Wear, and Google Glass, are also part of the IoT. The IoT has grown very rapidly in recent years as technology companies create more devices with wireless internet capabilities and sensors, and internet access has become more widely available. The analyst firm Gartner estimates that 4.9 billion connected “things” are in use today and projects that number will rise to 25 billion by 2020.

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Experian Data Breach: Regulatory War or Peace?

Following yesterday’s news that Experian Plc, the world’s largest consumer credit monitoring firm, suffered a massive data breach, exposing the personal information of some 15 million people, the post-breach fall out has already started.  The Connecticut Attorney General’s office has announced that is launching an investigation into the breach.  

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Welcome to Our Blog

We are pleased to announce the launch of Data Security Law Blog, Patterson Belknap’s newest resource for the latest news, analysis and thought leadership in the critical area of privacy and cybersecurity law.

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