On November 10th, the Eleventh Circuit Court of Appeals handed an embarrassing defeat to the Federal Trade Commission and an early Christmas present to LabMD, Inc. in the ongoing David and Goliath battle between the government agency and the new-defunct clinical lab.
What Happened?
It’s not easy to explain in a blog entry the complex backstory leading up to LabMD’s recent win, but here goes:
Over a thirteen year period (until it ceased business in 2014), LabMD operated a clinical laboratory that performed tests on patient specimen samples. As part of its operations, LabMD had ...
By Leslie Pedernales
The upcoming presidential election between two larger-than-life characters, each capable of stirring intense emotional reactions from both sides, is sure to produce some spirited debate around the water cooler this fall. Many employees mistakenly assume that their expression of political speech (including nonverbal expression such as buttons or signs) is protected by the First Amendment of the U.S. Constitution. However, it might surprise you to learn that employers generally have the right to regulate employee political speech – the level of that ...
On August 1, 2016, the U.S. Department of Commerce began accepting self-certification applications for the new EU-U.S. Privacy Shield Framework. In the month that has followed over 100 companies (including Microsoft, Oracle and Salesforce, among others) have self-certified that they are in compliance with the EU-U.S. Privacy Shield.
Now that that Privacy Shield is in effect and gaining acceptance, it is a good time for companies to examine whether the Privacy Shield makes sense for them. To answer that question, it is important to understand some basic facts about the Privacy ...
The Federal Trade Commission, continuing its quest to be the enforcer of consumer privacy rights, has come down hard this month on ASUSTeK and LabMD for their failure to have adequate data security standards. Because the FTC has taken the position that its complaints and orders set the standard for adequate data security (DataPoints: Reading the Section 5(a) Tea Leaves: What the end of 2015 may suggest about the FTC priorities in 2016), companies subject to FTC jurisdiction should take heed.
LabMD cannot seem to catch a break. Although an ALJ dismissed the FTC’s claim against LabMD ...
Robert Sumner IV and Brandon Gaskins
On April 14, 2016, the European Parliament passed the General Data Protection Regulation (GDPR) and its companion, Data Protection Directive for Police and Criminal Justice Authorities. The GDPR is a comprehensive regulation that includes new and enhanced privacy rights for European Union (EU) citizens, such as “the right to be forgotten” and the right to object to data processing, including data profiling. The GDPR also establishes new and heightened obligations for companies doing business in the EU related to the collection, use, and ...
EU Member States (the Article 31 Committee) approved today the EU-US Privacy Shield. The next step is formal adoption. The full press release can be found here.
The approval of the Privacy Shield is good news for companies who transfer personal data from the EU to the US. Although legal challenges to the Privacy Shield are likely, the Privacy Shield was designed to address the shortcomings cited by the European Court of Justice in the now invalidated Safe Harbor self-certification scheme and should have a better chance of standing up to those legal challenges.
Related DataPoints Posts:
Tandy Mathis and Karin McGinnis
Good information governance requires not only protecting the security of sensitive and proprietary information; it often requires pursuing legal action against those who threaten the secrecy and value of a company’s trade secrets. The Defense of Trade Secrets Act (“DTSA”) both provides another tool for companies to pursue misappropriators of trade secrets and makes it more difficult for companies to quickly seize misappropriated trade secrets through court action. Given the challenges of the DTSA, companies should bolster their efforts ...
On June 13, 2016, the United States government asked the Irish High Court to be joined as amicus curiae (friend of the court) in the case brought by the Austrian privacy activist Max Schrems against Facebook attacking the use of model contract clauses to transfer EU citizens’ data from the EU to the U.S. as violating fundamental privacy rights. This is an unusual request for the U.S. government to seek to intervene in private ligation, particularly in foreign courts. However, the stakes are high should Facebook lose, and the U.S. government’s surveillance practices are at the ...
THE NUTS AND BOLTS OF DATA SECURITY PROGRAMS: HOW TO PUT ONE TOGETHER FOR YOUR COMPANY (JUNE 2016): Privacy and data security issues impact every industry and affect almost all aspects of a company’s operations. Sales, human resources, data maintenance and storage, IT, legal and compliance, even litigation, all require careful attention to protecting the privacy of personal information as well as preserving the integrity of company, customer or third party data. Moore & Van Allen developed the Privacy & Data Security Seminar Series 2016 to help our clients and friends of the ...
About Data Points: Privacy & Data Security Blog
The technology and regulatory landscape is rapidly changing, thus impacting the manner in which companies across all industries operate, specifically in the ways they collect, use and secure confidential data. We provide transparent and cutting-edge insight on critical issues and dynamics. Our team informs business decision-makers about the information they must protect, and what to do if/when security is breached.