Google is compelled to surrender information stored abroad, a federal court holds

Posted on by Federica Romanelli
On February 3, 2017, the Pennsylvania US District Court granted the Government’s motions to compel Google to comply with search warrants, holding that this was not an extraterritorial application of the stored Communications Act 18 U.S.C. ("SCA"). The District Court had issued two search warrants, pursuant to section 2703 of the SCA §§ 2701 et seq., which required Google to disclose to agents of the FBI certain electronic data held in the accounts of targets in two separate criminal investigations. Read more [...]

EU-US Privacy Shield compliance may not have to wholly transform your business model

Posted on by Federica Romanelli
When a US organization decides to self-certify under the EU-U.S. Privacy Shield, compliance with Privacy Shield principles becomes compulsory. This may be a problem for many US organizations because certain processing activities that they perform – which are perfectly lawful under American law — are unlawful under a Privacy Shield’s perspective. Why? And what to do? Let’s step back for a moment. What is the Privacy Shield? Following the decision of the European court of Justice Read more [...]

More awareness on big data, data protection and security concerns by the German Center for Research and Innovation

Posted on by Federica Romanelli
On Tuesday, January 31, 2017, a lively panel discussed The Shifting Paradigm of Data Security: Intelligence & Big Data. The German Center for Research and Innovation and the European American Chamber of Commerce organized the event. The panel included Joanna Burkey, Chief Information Security Officer, at Siemens, Joseph V. DeMarco, Partner at DeVore & DeMarco LLP, Nicholas Johnston, Vice President at Duff & Phelps, and Philip Kibler, Head of Cyber Risk Consulting at AIG. The panel Read more [...]

Gli Stati Uniti e la Svizzera firmano il nuovo Privacy Shield per consentire il trasferimento internazionale di dati

Posted on by Federica Romanelli
Il 12 gennaio 2017, la Svizzera ha sottoscritto con gli USA il nuovo accordo quadro denominato Privacy Shield. La Svizzera ha ritenuto che il nuovo accordo soddisfasse i requisiti  minimi previsti dalla propria legge nazionale per il trasferimento di dati personali oltre confine. Il Privacy Shield sostituirà con efficacia immediata il previgente accordo, denominato Safe Harbour. La Svizzera accetterà le certificazioni conformi al Privacy Shield a partire dal 12 Aprile 2017. Gli Stati Read more [...]

Eleventh Circuit restricts FTC’s interpretation of unfair privacy practices

Posted on by Federica Romanelli
On November 10, 2016, the Eleventh U.S. Circuit Court of Appeals held that merely exposing sensitive data is not reasonably likely to harm consumers. LabMD operated as a clinical laboratory and as part of its business, receives patients’ sensitive personal information, which included their names, birthdates, addresses, and Social Security numbers. LabMD’s billing manager allegedly allowed the “1718 File”, containing 1,718 pages of sensitive personal information for over 9,300 patients Read more [...]