We previously posted about a case before the New York Court of Appeals that concerned whether Facebook has the legal standing to challenge search warrants seeking its users’ data. In April, the court sided with the Manhattan District Attorney’s office and rejected Facebook’s challenge. The three opinions by the judges—particularly the concurrence by Judge Jenny Rivera—provide insight into this evolving area of law.
Data Security Law BlogVisit the Full Blog
DataSecurityLaw.com is the firm’s resource for the latest news, analysis, and thought leadership in the critical area of privacy and cybersecurity law. Patterson Belknap’s Privacy and Data Security practice provides public and private enterprises, their leadership teams and boards with comprehensive services in this critical area. Our team of experienced litigators, corporate advisors and former federal and state prosecutors advises on a broad range of privacy and data protection matters including cyber preparedness and compliance, data breach response, special board and committee representation, internal investigations, and litigation.
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.
America has had a longstanding love affair with the automobile, as a manifestation of innovation and independence. The next chapter is likely the advent of the (fully or partially) autonomous vehicle.
As New York public schools increase the use of technology in day-to-day operations and in the classroom, they increasingly face data management and data security threats similar to those faced by businesses and non-profit institutions.
On the Move and At Risk: Safeguards for Mitigating Mobile Device Vulnerabilities While Traveling Overseas
Employees use their smartphones as a key tool for accessing information during a work day – especially when outside the office and traveling on business. While smartphones, tablets, laptops and other devices may increase productivity by facilitating work flow and communications, a wireless mobile device and related data may be exploited by cybercriminals, and this risk increases significantly when overseas. Organizations often overlook this increased vulnerability to business, customer, and client data when personnel use their mobile devices to conduct business while travelling outside the United States. Organizations can mitigate the risk of compromising confidential information, intellectual property, and other sensitive data by adopting best practices for personnel travelling in other countries.
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.
With European regulators continuing to debate the current proposal for the EU-U.S. Privacy Shield, the fate of the new trans-Atlantic data framework is becoming murkier by the day. Rapprochement may still be a possibility, but over the past week, we have seen parties on both sides preparing for an extended fight. The Privacy Shield is one of the most significant issues in global cybersecurity today.
For businesses and nonprofit organizations searching for cyber insurance, it is important to know if your coverage limits are adequate. Whether you are in the market for a new policy or renewing an existing one, you should explore whether your policy has a “sub-limit” that places limitations on your losses and liabilities that may be covered.