News & Analysis as of

Data Breach Invasion of Privacy

Katten Muchin Rosenman LLP

New Serious Invasion of Privacy Tort in Australia for Privacy Comes Into Effect

In late 2024, the Australian Government enacted a series of reforms to the Privacy Act 1988 (Cth). The new statutory tort for serious invasion of privacy was introduced and passed under the Privacy and Other Legislation...more

Constangy, Brooks, Smith & Prophete, LLP

Standing survives, but claims fail

In Perlaki v. J.B. Poindexter & Co., Inc., a data breach class action, Magistrate Judge Andrew M. Edison of the Southern District of Texas found that the plaintiff had standing to sue under Article III of the United States...more

Womble Bond Dickinson

[Event] Privacy Litigation: The Past, The Present, And The Future - March 25th, Irvine, CA

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Privacy litigation has taken California (and the country) by storm. In the past twenty-four months, the focus of privacy litigation has shifted from data breaches to data use, and the number of class actions filed grows by...more

DLA Piper

Australia: Privacy Act Amendments and Cyber Security Act Become Law

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On 29 November 2024, the Australian Senate passed the Privacy and Other Legislation Amendment Bill 2024 (Cth) (the Privacy Act Bill).  This follows the passage of the Cyber Security Act 2024 (Cth), and other cyber-security...more

Jones Day

First Tranche of Australia's Much Anticipated Privacy Law Reforms Revealed

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The first wave of Australia's expansive privacy law reforms has been introduced into Federal Parliament in the Privacy and Other Legislation Amendment Bill 2024 (Cth) ("Bill")....more

Mayer Brown

2024 Cyber Litigation Legal Update – What Your Business Needs To Know

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By now, companies across all industries have become familiar with the lifecycle and stages of a ransomware incident. Generally, once an attack is contained, remediation and rebuilding will follow. Shortly after, the crisis...more

Robinson+Cole Class Actions Insider

What is Required to Allege Standing in Cases Alleging Invasion of Privacy? Third Circuit Weighs In.

In today’s world nearly everyone’s name, address and various other pieces of arguably personal information reside on many companies’ computer servers. Sharing of such information between companies has resulted in countless...more

Rivkin Radler LLP

Insurance Update - September 2023

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We touch upon several topics in our September Insurance Update. We begin with two federal circuit court rulings on late notice – one involving a claims-made policy and the other an occurrence policy. In these cases, the...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Data Beware! Defending Class Actions in the Privacy and Data-Sharing Space - June 13th, 10:00 am - 10:30 am PT

This presentation will discuss the recent surge in class actions challenging companies’ practices for collecting, sharing, and storing consumer data, including claims arising under the Illinois Biometric Information Privacy...more

Robinson+Cole Data Privacy + Security Insider

T-Mobile Sued for Data Breach of 37 Million Records

On January 22, 2023, T-Mobile was sued in federal court in California alleging negligence, unjust enrichment, breach of express contract, breach of implied contract, and invasion of privacy over the recently-disclosed data...more

Robinson+Cole Data Privacy + Security Insider

Another Data Breach Lawsuit for Lakeview Loan Servicing

A December 2021 breach of Lakeview Loan Servicing’s customer data has led to another proposed class action against the company in the U.S. District Court for the District of South Carolina. The breach affected the personal...more

Stikeman Elliott LLP

Ontario Divisional Court Overturns Certification of Intrusion Upon Seclusion Claim in Data Breach Class Action

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In Stewart v. Demme, the Ontario Divisional Court (the “Court”) overturned the certification of an intrusion upon seclusion claim in a data breach class action against a hospital, where a nurse used patient health records to...more

Mintz

Another Court Limits the Reach of California's Invasion of Privacy Claim for Class Actions

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As of late, many privacy class actions have attempted to invoke California's common-law invasion of privacy claim, arguing that it is a valid cause of action. The courts, however, have been reluctant to apply the strict...more

K&L Gates LLP

From Revenge Porn to Big Data Breaches: NSW Opposition Introduces Bill to Redress "Serious Invasions of Privacy"

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There is a common misconception that Australian residents enjoy a general "right to privacy". Many people understandably believe that if they are, for example, eating lunch at a restaurant minding their own business, it would...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 2. Privacy Briefs: February 2020

Report on Patient Privacy 20, no. 2 (February 2020) - A ruling from Georgia’s highest state court could set a precedent that determines recourse for victims of cyberattacks. The Georgia Supreme Court ruled in late December...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Client Alert | January 2019

Going Deep on the California Consumer Privacy Act - The California Consumer Privacy Act (CCPA) has been called the beginning of America’s GDPR. As the most comprehensive privacy law in the United States, entities doing...more

K&L Gates LLP

OnRisk: Biometric Insurance

K&L Gates LLP on

Issues of digital privacy are multi-faceted and extend far beyond the now-routine data breaches that make headlines. The digital collection, use, and storage of biometric information (fingerprints, retinal or iris scans,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - February 2018

In this month's edition of our Privacy & Cybersecurity Update, we examine the Identity Theft Research Center's findings on data breaches in 2017, the U.S. Supreme Court's denial of certiorari that leaves in place the circuit...more

Patterson Belknap Webb & Tyler LLP

Payment or Pillory: More Fallout from Uber’s Data Breach

With new developments regarding Uber Technologies Inc.’s 2016 data breach coming out almost daily, lawsuits against the company continue to pile-up. We previously reported that within days of Uber disclosing the data theft...more

Carlton Fields

Ninth Circuit Allows Class Arbitration To Proceed Despite Absence Of Express Reference To Class Arbitration

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Lamps Plus appealed an order permitting class arbitration of claims related to a data breach of personal identifying information of its employees, alleging negligence, breach of contract, invasion of privacy, and other...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #101 - A Recap of our Top 10 Privacy Tips

Last week, our Data Privacy + Cybersecurity Insider reached a milestone—we hit our 100th privacy tip! This week, we mark that milestone with a special edition Privacy Tip: the top 10 most-viewed privacy tips. Our readers can...more

Robinson+Cole Data Privacy + Security Insider

Sixth Circuit: Substantial Risk of Harm and Mitigation Costs Sufficient to Confer Standing in Data Breach Case

On October 12, 2016, the U.S. Court of Appeals for the Sixth Circuit denied a petition for an en banc rehearing of its September 12 decision in Galaria, et al. v. Nationwide Mutual Insurance Company (Nos. 15-3386/3387). In...more

Sheppard Mullin Richter & Hampton LLP

Update on Data Breach and Data Privacy Class Actions Post-Spokeo

In May, the U.S. Supreme Court issued its opinion in Spokeo v. Robins, providing guidance on the “injury-in-fact” aspect of the constitutional standing requirement for putative class action plaintiffs. 136 S. Ct. 1540...more

Womble Bond Dickinson

Sleep with an Eye Open: The New Age of Hotel Privacy Intrusion

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A hotel is a personal place, even if you share it with thousands of other people. The very obscurity in a crowd can make you feel anonymous, and the private living space allows for the most private of conversations and...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Privacy & Cybersecurity Update - August 2016"

In this edition of our Privacy & Cybersecurity Update, we highlight guidance issued by the Irish data protection authority regarding the use of location data, as well as the FTC's request for comment on its Standards for...more

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