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Vol. 8, Nos. 1-44, pp. 1-1640 Jan. 5 -- Nov. 9, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
E-COMMERCE
DHS annual report, privacy office outlines expansion, PIAs, and security incidents, 1375; groups tell Congress that Privacy Office not living up to mandate, 1558
ABA annual meeting session addresses privacy and security for health data, 1200
Adoption, report says penalties not incentives may be more persuasive, 587 Article 29 Working Party, annual report for 2007 gives overview of enforcement and documents issued, 166 Barriers include state law differences and liability fears, 1232 Children need to be considered in development, especially with lifelong collection of data, 1051 Coding system, HHS technical rule establishes and extends deadline, 159 Consent, privacy advocates urge new approach to patients' control of medical records, 214 Consumer preferences, ONC publishes draft document outlining, comment sought, 1467 Data breach notification
N.H. bill enacted, 1195
N.M. bill considered, 256 Personal records services, FTC proposes rule, 581; FTC to release temporary breach notice rule in August, 732; FTC urged to align rules with HHS approach, Special Report, 850; additional comments urge broad coverage, 866; FTC and HHS issue rules, attorneys praise HHS risk of harm threshold, 1227; IAPP Privacy Academy, firms warned about possible stronger HIPAA enforcement, 1401; House leaders ask HHS to revise harm provision, 1463; HHS under pressure to strengthen rules, 1524; comments received on interim rule, model notice documents sought, 1556 Va. bill would add health data to breach law, 256 Database of federal and state privacy laws, Fla. launches website, In Brief, 1394 De-identified information, state regulation, Analysis and Perspective, 544 Economic stimulus package, HIT provisions
American Recovery and Reinvestment Act
Implementation
Criticism of some provisions expressed, 329; correction, 446 Fla. agency unveils first in nation e-records system for Medicaid patients, 1565 Grants
See GRANTS, subheading: E-health, stimulus package
HHS National Coordinator for HIT, office and committees created by stimulus bill, 297; Obama appoints Blumenthal, 496; Blumenthal predicts e-records interstate sharing by 2011, 735; Blumenthal expresses concern about timetable, 772 House committees approve provisions, 175 National Business Group on Health outlines its priorities, 79 Policy implications and requirements, Analysis and Perspective, 344 Health information exchanges, number of fully operational HIEs grown, In Brief, 1104 Health information technology (HIT)
Adoption levels abysmally low, Am. Hosp. Ass'n annual membership survey, 495
Booz Allen Hamilton white paper says HIT must focus on communication and not just data, 80 Digital divide, costs barrier to adoption at hospitals serving poor, In Brief, 1577 Economic stimulus package
See Economic stimulus package, HIT provisions, this heading
SBA loans White papers, ONC to address various issues including exchange permissions, 1348 IAPP Privacy Academy, firms rushing to e-records warned not to forget privacy and security rules, 1401 IAPP Privacy Summit, panelists say security and privacy must proceed adoption to mitigate error propagation, 481 Incentives, America's Affordable Health Choices Act Medical identity theft, stakeholders need to address problem before e-records shared, IAPP Privacy Summit, 482 National eHealth Collaborative (NeHC) launches and aims to keep HIT leadership, 40; leaders say current private sector structure the best way forward, 273; stimulus bill replaces NeHC with HIT Policy Comm. and HIT Standards Comm. at HHS, 297; NeHC seeks standards role, says goals complementary with new HIT Standards Comm., 440 National Research Council says providers not using for patient care, In Brief, 93 N.H. laws include privacy, marketing, and breach notice, 1195 N.M. law signed to create EMR system, 534 Rural areas, Sebelius praises Columbia Basin Health Ass'n in Success Story report, 1468 Taxation, IRS approves 30 regional networks for tax exemption, In Brief, 1507 Transactions standard, HHS updates technical rule to accommodate expanded code sets, 159
Abusive marketing, French firms fined, need better way to opt-out or unsubscribe, 935
Access authorization
Bloomington-Normal Seating claims under CFAA and CDA advance (C.D. Ill.), 830
LVRC Holdings, authorization based on employer policies not misuse (9th Cir.), 1377; employers should revisit data misuse policy, Special Report, 1441 Authentication
Banking best practices released, In Brief, 883
Government and e-commerce sites, group says many fail to use, 589 Damages, alleged e-mail disclosure or spam receipt not injury or damage for contract or fiduciary claims (S.D.N.Y.), 559 Data breaches
Ameritrade customer e-mail accounts hacked, despite attorney fee concerns proposed class settlement approved (N.D. Cal.), 750; court rejects settlement, decertifies class, 1560
Rocky Mountain Bank, probe of customer data improperly attached to e-mail, unable to seal complaint (N.D. Cal.), 1378; dismissal approved, 1433 Divorce, e-mail stored in husband's account admissible by wife when he gave her his password (N.Y. Sup. Ct.), 778 Domestic violence, e-mail account accessed by ex-spouse may be abuse (Cal. Ct. App.), In Brief, 806 E-discovery, access to opposing party's servers to recover approved (S.D. Cal.), 41 Employment issues
Compliance trends, Ponemon survey report, 892
Computer use policy ambiguous, employer cannot copy worker's e-mail to lawyer sent from company laptop (N.J. Super. Ct.), 983 Misconduct, no FMLA violation to fire executive on leave who refused to give up keys and passwords (7th Cir.), 1235 Monitoring increasing, lawyers urge caution, Special Report, 1295 Portugal workplace privacy code restricts surveillance and e-mail monitoring, 308 Public employers need workplace privacy policies, attorney urges to avoid pitfalls, 1266 Recession, data security risks, Practice Aid, 998 Stored Communications Act
Actual damages proof required for statutory award, former marketing executive claims boss accessed personal e-mail, (4th Cir.), 467; actual damages, Analysis and Perspective, 571
Councilwoman may proceed on claim of unauthorized access by mayor (N.D. Ill.), 1055; damage not required for civil CFAA claim, 1275 FOIA
Contractor e-mails held exempt (S.D. Ohio), In Brief, 408
County board must attempt to recover deleted e-mails (Ohio), 14 Madoff scheme, personal identifying data redaction required to release victims' e-mails to media (S.D.N.Y.), 986 White House Office of Administration exempt from FOIA (D.C. Cir.), In Brief, 784 L.A. City Council approves moving e-mail and internet services to Google Cloud, 1565 N.Y. harvesting ban introduced, 258 Printouts preserved instead of digital copies, no sanctions in spam case (S.D. Ohio), 1204 Scams, attorneys who fall for may face discipline, In Brief, 678 Spain no-mail registry list expanded to calls, texts, and e-mails, 987 Spam
See SPAM
Stored Communications Act
Boss allegedly accessed personal account, actual damages proof required for statutory award (4th Cir.), 467; actual damages, Analysis and Perspective, 571
Search and seizure, opened user e-mail held by ISP is not backup subject to SCA warrant rule (C.D. Ill.), 1148 Terror suspect, NSL nondisclosure continues after in camera review (S.D.N.Y.), In Brief, 1578 Threats must be sent across state lines (4th Cir.), In Brief, 940 Union-related e-mail, discipline for one message violated NLRA (D.C. Cir.), 1019 Utah child protection e-mail registry, adult entertainment group drops suit (D. Utah), 1473 Wash., personal e-mails about city business not exempt from public records law (Wash. Ct. App.), 1612
See SCHOOLS
Operation Phish Phry, FBI, DOJ, and Egyptian authorities break up large operation (C.D. Cal.), 1472
E-ZPass agency collection of SSNs breaches Privacy Act (D.N.J.), 1023
Identity theft, nursing home residents' stolen tax data used fraud scheme, four more sentenced (W.D. Mo.), In Brief, 174 Medical identity theft, HHS releases new tools for seniors, 1493 Spain, DPA releases privacy primer, In Brief, 884
See HOMELAND SECURITY, subheading: Critical infrastructure
Ed. Note: This heading covers electronic sales of goods and services and their regulation. Electronic mail is covered under E-MAIL. All other references to the web or the internet are found at INTERNET.
Accessibility, Target settles web access claims of blind consumer class (N.D. Cal.), In Brief, 447 Apparel marketer agrees to FTC fine to settle data collection on children and privacy notice claims (S.D.N.Y.), 1521 Behavioral targeting
See ADVERTISING
Cal. credit card sales data collection ban inapplicable online (C.D. Cal.), 302 Consumer privacy protections, Boucher (D-Va) plans to move forward with draft measure, 616; Boucher tells conference that privacy bill priority for him, 702; Boucher's bill may sharpen opt-in, opt-out web consent debate, 827; House hearing, Google and other leading firms questioned, Boucher seeks baseline protections, 921 Consumer rights guide, EC launches, In Brief, 717 E-mail authentication, group says many government and e-commerce sites fail to use, 589 eBay Canada must reveal PowerSellers data to revenue agency, 1470 FBI internet crime report for 2008, fraud and other activity complaints rose 33 percent, 529 Geeks.com, online computer retailer agrees to settle data breach allegations (FTC), 235 Identity management systems, Ontario unveils online tool, In Brief, 251 Location based services, EU data protection rules, Analysis and Perspective, 885 Offshore accounts merchants, IRS to summon payment card processor to identify (D. Colo.), 586 Personal data printed on credit and debit card receipts
See NOTICE
AOL, class argues embedded e-mail ads violate (C.D. Cal.), In Brief, 806
Cloud computing, ECPA update needed, status of data unclear, 827 Keystroke logging too by employer (N.D. Cal.), In Brief, 805 Private detective, file sharing evidence allowed from firm without PI license (D. Minn.), 930
Ed. Note: For a list of selected articles, BNA products, and internet sources, see back page of each issue.
Arbitration agreement, employer's lax data security leads to rejection of validity of worker's e-signature (D. Kan.), 469
E-health barriers include state law differences and liability fears, 1232
See SURVEILLANCE
Equifax credit report errors, damages affirmed (4th Cir.), 499
Health data post on MySpace held as publication, Minn. privacy law not preempted by HIPAA (Minn. Ct. App.), 960 Health Express allegedly disclosed personal health information, contract and tort claims belong in state court (W.D. La.), 1309 Mental health records accessed by fellow workers, insufficient evidence and lack of expert testimony (Iowa), 777 MySpace, no privacy expectation in posted diatribe against hometown (Cal. Ct. App.), 560 Nude cell phone photo viewing by police prompts lawsuit (W.D. Va.), In Brief, 599; lacked objectively reasonable expectation of privacy, 1349 VA medical center hard drive lost, putative class cannot demonstrate actual damages, APA claims remanded (11th Cir.), 929
ABA. Conf. warns caution on workplace monitoring and privacy policies, 1177
Aliens, worker eligibility for employment Arbitration agreement, employer's lax data security leads to rejection of validity of worker's electronic signature (D. Kan.), 469 Background checks Communication tools, ABA panelists warn employers and lawyers to keep up, 542 Compliance trends, Ponemon survey, 892 Credit checks banned in hiring
Aetna notifies individuals of breach of job application site, 798; class action filed (E.D. Pa.), 872
Daimler worker health data breached, DPA probes retention of diagnosis data, 597 Gap stores job applicant data on stolen laptop, future identity theft risk claim insufficient (N.D. Cal.), Special Report, 569 Kaiser Permanente notifying workers that PII may have been stolen, 278; breach traced to terminated employee of union, 403 PayChoice discovers website security breach when phishing e-mails spotted, 1469 Payroll
British Council says disk with staff data lost in transfer, 209; ICO orders British Council to encrypt portable devices, 629
RBS WorldPay, U.S. processing arm of Royal Bank of Scotland improperly accessed with actual fraud detected on cards, 9; consumer class amends complaint (N.D. Ga.), 274; RBS WorldPay to process credit card tax payments despite recent breach, 667; oral arguments set (J.P.M.L.), 775; panel consolidates claims, 873 U.K. National Health Service (NHS) Trusts, ICO brings actions against entities for security lapses, 169 Twitter, Mich. mayor accidentally posted personal employee data, 962 United Kingdom
Newspaper online jobs site admits to hacking incident, 1571
Pensions Trust reveals stolen laptop contains sensitive worker data, 802 UPS, stolen laptop contains sensitive worker data, 1206 Drug disclosure policy, EEOC sues sheet metal manufacturer for ADA violation (D. Minn.), 1273 Drug testing
See DRUG TESTING
See E-MAIL
Extortion threat to computers, laid off worker pleads guilty (D.N.J.), In Brief, 677 Family Medical Leave Act
France CNIL approves privacy exemption, worker data may be used in continuity plans, 1323
Response, Practice Aid, 1323 Genetic data, use by employers
Health information, DPA fines retail chain for tracking, 1284
Legislation and pending rules, Analysis and Perspective, 1003; new law takes effect, Analysis and Perspective, 1443; consequences for service and outsourcing contracts, Practice Aid, 1625 Rail company screened personal data of workers, probe started, 245; Germany plans worker data protection bill, DPA supports, 304; Berlin DPA sets landmark fine, 1572 HIPAA amendments, Practice Aid, 358 Hostile work environment probe, municipal court judge cannot prevent release of report (Wash.), 1383 Identity theft
FAQ guide released by FTC and banking regulators, 865
N.Y. omnibus law includes SSN use and personal data sharing restrictions, 8 Red flag rules, some benefit plans may be creditors, 402 Keystroke logging, employer's use may violate Wiretap Act (N.D. Cal.), In Brief, 805 Lie detector tests
Arbitration, worker may pursue EPPA claims despite agreement (E.D. Va.), 238; wrongful discharge suit may go to trial, In Brief, 884
Failed bank robbery led to firing of manager not disclosure of polygraph, no evidence of damages (D.S.C.), 625 Metadata associated with official police department notes in discrimination suit not public records in state (Ariz. Ct. App.), 275; electronic public record includes metadata and must be produced (Ariz.), 1612 National Park Service, record destruction inference saves Privacy Act case (D.C. Cir.), In Brief, 939 NLRB, Obama names Liebman chair, In Brief, 211 Ob/gyn records, discrimination suit judge must approve relevance (Ohio Ct. App.), In Brief, 287 Payroll debits cards, cybercriminals targeting with more sophisticated methods, RSA Conf., 641 Physician disclosure to employer led to dismissal, breach of provider confidentiality not same to privacy tort (Pa.), 399 Pornography viewed on work computers
Age bias, employee responsible for any misuse of computer password (5th Cir.), In Brief, 1393
Sex bias, hospital worker loses suit (7th Cir.), 1057 Recession, data security risks, Practice Aid, 998 Refinery worker who refused photo ID on religious grounds fails in bias suit (E.D. Pa.), 1277 School superintendent's contract must be disclosed (Ill.), In Brief, 884 Smoking workplace policies
Legal challenges, Analysis and Perspective, 1540
Off-duty conduct, smoker fired, no violation of privacy law (D. Mass.), 1201
Advice to employers on what to include in policies, 942
Benefits and risks in employee use, IAPP Privacy Academy, 1398 Facebook, survey says not all executives comfortable with, In Brief, 1312 MySpace, verdict against restaurant for manager's access of private chat group (D.N.J.), 1474 Tacit knowledge of workforce, sites gives employers new tool to collect, 1607 Twitter raises concerns, Special Report, 941
ABA Technology in the Practice and Workplace Comm. meeting, 712
Madrid Conf. approves workplace privacy standards, 1621 Monitoring policies, IAPP Privacy Summit speaker says companies must update to keep pace with technology, 480 Portugal workplace privacy code restricts including e-mail monitoring, 308 Text messages private due to informal policy of never auditing messages, rehearing denied (9th Cir.), 200 Town officials have no qualified immunity for recording all calls from office for six years (7th Cir.), 1095 Videotaping
See SURVEILLANCE
Telecommuting, NIST updates data security guidance, In Brief, 342; NIST releases final version, In Brief, 940 Tenn., false identification penalty law signed, In Brief, 785 Time records of IRS agent, whether target of investigation may inspect (U.S., rev den), In Brief, 938 Title VII participation clause, employee giving patient file to EEOC legitimate reason for firing (U.S., rev den), 396; In Brief, 406; data copying not misappropriation of property (Okla.), 1386 Trade secrets
See TRADE SECRETS
Construction worker database, ICO takes enforcement action against firm maintaining, 445; head of firm that unlawfully traded worker data to face criminal proceedings (U.K. Magis. Ct.), 801; database owner fined, enforcement action eyed against firms for use (U.K. Crown Ct.), 1064; ICO takes action against 14 firms for using, 1172
Criminal data, job applicants may contest past conduct information, In Brief, 1619 Data controller registrations, worker recruitment company failed to register (U.K. Magis. Ct.), 802 Working from home, Mid Staffordshire NHS Found. Trust ordered to implement security policy, 1533 Warrant to search business premises for documents, corporate executives may lack standing to challenge (9th Cir.), 239; ruling amended, In Brief, 842 Web 2.0 technologies, RSA. Conf. panelists suggest setting standards for employees' online activities, 647 Wellness programs, GINA implementation
San Quentin Univ. of Cal. research program, fired employee claims retaliation for reporting prisoner privacy violations (Cal. Super. Ct.), 1473
UPS, data security issues voiced, ex-worker has triable retaliation claim (D.N.J.), 708
BSA reports, GAO says that agencies that receive could better guard financial data, 231
Cloud computing contract terms, companies should review and not move all sensitive data, RSA Conf., 646 Data breaches
Alberta Health Services denounced for failure to encrypt stolen laptops, 964
Blue Cross Blue Shield Ass'n says stolen laptop held unencrypted information on doctors, 1469 Hiscox report says many firms fail to tell SEC of risk to finances and reputation, 619 HSBC, U.K. regulator hits bank with record fine, 1099 Notification, Data Accountability and Trust Act Health information
Breach notice risk trigger, comments received on interim rule, model notice documents sought, 1556
Safeguards, HHS issues guidance on securing patient information, 584; HHS receives comments, including possible impact on medical devices, 767
Canada, 132
U.K., 114 U.S., 96 Location data privacy, EFF urges services to protect, In Brief, 1208 Lost laptop cost survey, 685 Mass. data security rules, regulators urged to extend compliance deadline, 165; Mass. delays rules, drops vendor written certification mandate, 276; panelists concerned about impact, 588; future of rules uncertain, 1049; Mass. amends rules and extends deadline, 1225; public hearing held, 1386; officials discuss at IAPP Privacy Academy and give compliance advice, 1399; Mass. files final amendments, 1565 Mich. bill grants data breach liability immunity to firms with specified safeguards, 1168 Nev., amended personal information e-data transfer law includes mobile storage devices, 821 N.Y., new data breach notification bill includes encryption, data security provisions, and AG notice, 636 Payment Card Industry Data Security Standard (PCI DSS)
Heartland Payment Sys. CEO pushes for total encryption to supplement, 204
House Homeland Security panel questions effectiveness against cybercrime, 525; PCI DSS overview, 527 Merchant group urges council to adopt risk-based approach and ease burdens, 928 Real ID Act, Napolitano says DHS rethinking, 528 Self-incrimination, production of unencrypted version of laptop's hard drive does not qualify (D. Vt.), 398 U.K. ICO orders for portable and mobile devices
Billing Pharmacy, 1352
British Council, 629 Car repair trade group, 1287 Highland Council, In Brief, 1103 Home Office, 168 Legal expenses insurance firm and contractors ordered to encrypt mobile devices after laptop theft, 878 Leicester City Council nursery, In Brief, 785 London Borough of Sutton government, 1288 London Clubs Intl., 1151 Manchester City Council, In Brief, 965 National Health Service (NHS) UPS, 1206 Wigan Council, 1288 Working from home, Mid Staffordshire NHS Found. Trust ordered to implement security policy, 1533 Workplace compliance trends, Ponemon survey report, 892
See also individual member nations
Article 29 Working Party
Annual report for 2007 gives overview of enforcement and documents issued, 166
Binding corporate rules (BCRs)
See Data protection, this heading
Children, data rights second to child's best interest, In Brief, 343 Data retention
Search engine standards, plenary session statement welcomes calls for, 278
Telecommunications providers and ISPs, probe of practices, 470 Plenary session, BCRs, anti-doping agency standard, and SWIFT discussed at Spring meeting, 594 Social networking websites opinion, users may need to comply with privacy mandates, 932 Standard contractual clauses, opinion released on proposed update, especially with regards to sub-sub processors, 457 Behavioral targeting
EC Kuneva warns online firms to improve or risk regulations, to research existing practices, 535
Phorm online advertising technology trials, EC wants protection details, threatens formal action against U.K., 310; EC launches legal action against U.K. for failure to regulate online behavioral ads, 593; EC legal action, Analysis and Perspective, 757; U.K. Prime Minister dismisses petition to review use by ISPs, 781; plans delayed as two ISPs back off, 1066; EC continues proceedings against U.K. over interception laws, 1569
Australian Dodo case as example of accountability model, Analysis and Perspective, 180
Binding corporate rules (BCRs)
Article 29 Working Party updates FAQs, 167; third party beneficiary rights listed, 241; discussed at 70th plenary session, 594; latest guidance covers EU privacy law compliance and burden of proof, 672
Blueprint for global privacy compliance, Practice Aid, 27 eBay, U.K. ICO set to approve, 1616 Hyatt Hotels, U.K. ICO approves BCR, first under new mutual recognition policy, 1374 U.K. approves BCRs for two U.S. firms signaling start of speedier process, 699 Cookies, online ad firms object to amendments to require user consent, 536 Costa Rican Assembly to move on measure, 989 Country Reports 09, ENISA releases report, 311 Data breach notification, European Parliament instructs EC to consider broad requirements, 742; Council of the EU adopts legislative changes, still discussing internet cutoff provision, 1568; seminar highlights need for incentives, sharing, and planning, 1570 Data retention
Directive challenge dismissed (E.C.J.), 284
Dutch search engine Ixquick reduces time to zero, 247 Social networking websites, U.K. proposes inclusion, 471 E-discovery, Practice Aid, 409 E-Privacy Directive, Hustinx issues opinion, 86; Council of the EU adopts legislative changes, still discussing internet cutoff provision, 1568 EC Data Protection Conference 2009, officials eyeing new strategy to improve coherence, 781 Electronic identification (eID) cards, ENISA urges careful look at privacy features, 248 Expert privacy group, EC decided to disband, 306; French complaints about number of Americans on panel, 562 Framework, EC seeks comments on new challenges, In Brief, 1034; Hustinx seeks comprehensive framework, sets priorities for next five years, 1063 Global framework, Viewpoint, 62; European officials to continue work, 779; Spanish DPA sees progress at Bilbao meeting, 934; Madrid Resolution establishes non-binding minimum global privacy standards, 1620; conference speakers and sessions focused on global standards, 1623; keynote speakers focused on EU-U.S. information sharing, 1624 Hotel register data collection, DHS reports on whether practice is in compliance, In Brief, 173 Hustinx named to second term, releases 2009 agenda, 17; Hustinx updates inventory of priorities, In Brief, 1577 Intelligent transport systems, top officials urge better privacy safeguards, 1101 Lisbon Treaty, Hustinx says it will strengthen but new law for enforcement needed, 876; Irish approval may boost data protection, Poland and Czech Republic still need to ratify, 1477; to accommodate concerns, EU may move up effective date, 1616 Location based services, In Brief, 885 New Zealand, privacy chief urges quick enactment of amendment to secure EU adequacy approval, 1026 Online profiling, Council of Europe seeks comments on draft guidelines, 1475 Prior checking notice registry published, In Brief, 718 Rand review of directive proposes updates, cites weakness in area of global data transfers, 741; Analysis and Perspective, 853 Reform overdue, EU telecommunications official warns of threats in video message, 596 RFID, consumer opt-in emphasized in new privacy guidelines, privacy impact assessments urged, 743 Safe harbor standards, Practice Aid, 1211; FTC enforcement, Practice Aid, 1328 South Africa, bill includes breach notice and marketing limits, Special Report, 1317; omnibus bill draws business criticism and requests for more time, 1567 Spam, European Comm'n urges more dedicated resources and cooperation, 1476 Study and initiative increase, CNIL says shows momentum to revise Directive, 562 Terms glossary published, In Brief, 210 Transfers to third countries, FAQ released, 471 U.K. ICO discusses improvements and previews Rand Europe report, 675; Rand report released, 741; Analysis and Perspective, 853 Universal Service and Framework Directive, Hustinx praises intellectual property amendments but asks lawmakers for more, 305; Council of the EU adopts legislative changes, still discussing internet cutoff provision, 1568 Uruguay
Data breach notification rules adopted, DPA recognizes EU adequacy decisions, 1479
Data protection authority set up, EC certification process under way, 783; Uruguay finalizes rules, 1391 Digital consumer rights guide, EC launches, In Brief, 717 Electronic communications rules overhaul on hold due to dispute over illegal downloading crackdown, 562; file sharer web cutoff disagreement continues to stall overhaul, In Brief, 634; reform moving after Parliament drops court order for net cutoff demand, 673; European Parliament rejects compromise stalling approval of new rules, 714; European Parliament instructs EC to consider broad data breach notice law, 742; EU member states reject demands to require court order to cut off internet, 875; Council of the EU adopts legislative changes, still discussing internet cutoff provision, 1568; EU Parliament backs off court order demands for internet cut off law, 1569; EU agrees on new internet user rights with protection from arbitrary service cut off, 1615 European Central Bank, EU Council agrees to modify data collection provisions, 1242 European Commission president, Barroso chosen for second term, In Brief, 1356 Internet action plan covers wireless communication between objects, In Brief, 939 Law enforcement data sharing, Swiss government proposes following Schengen rules, 1353 Lisbon Treaty, Ireland approved, Poland and Czech Republic still need to ratify, 1477; to accommodate concerns, EU may move up effective date, 1616 Online freedom of speech, EU official calls for protections through trade agreements not legislation, 285 Passenger name record (PNR) data, EU pact with U.S., EU Parliament member's FOIA complaint seeking travel records dismissed (D.D.C.), 14 Social networking service companies sign self-regulatory pact, 279 Taxation, Swiss bank client names, EC wants same assistance that UBS gives IRS, 1285; Swiss judge orders UBS to notify clients before turning over account details, 1391 Telecommunications reform package, Hustinx opinion discusses data breach notification, 86 Terrorism financing, SWIFT network to monitor
Temporary pact negotiations, EC seeks until Lisbon Treaty enters into force, 1062; EU to incorporate data protection recommendations into pact, 1283; European Parliament adopts resolution setting guidelines for new agreement, 1351
U.S. Treasury respected privacy safeguards, EC-appointed judge concludes, 340 Voice over Internet Protocol (VoIP) wiretaps, EU organized crime body to examine legal and technical issues, 341; Eurojust corrects statement on Skype cooperation, In Brief, 407
Abortion provided to minor, attempt to discover nonparty medical records rejected (Ohio), 1024
Anonymous internet postings
Defamation
Canada, statements on bulletin board, disclosure ordered (Ontario Super. Ct.), 538
D.C., five-step test for unmasking speakers adopted (D.C.), 1235 First Amendment balancing needed to unmask speakers (Md.), 399 Jurisdiction, evidence needed for identification (D.D.C.), 301 Skanks of NYC blog, Google ordered to provide account data (N.Y. Sup. Ct.), 1234 CFAA
Delay in returning laptops and deletions meet requirements but dismissed due to no evidence of unauthorized access (E.D. Mo.), 236
Erasure program use supports issuance of ex parte TRO (D. Colo.), 1205
Delay in getting computer search warrant unreasonable and requires suppression of evidence (11th Cir.), 669
Paramedic, no evidence ban from co-worker's laptop search (8th Cir.), In Brief, 473 Virus search consent does not extend to images (Ill. App. Ct.), In Brief, 747 Computers, breached order to not touch brings sanction (E.D. Va.), In Brief, 1293 Conn. FOI law trumps hospital peer review privilege for records (Conn.), In Brief, 1243 Drug test failure not linked to protected disability, no triable ADA claim (W.D. Ky.), 777 E-discovery
ABA. Conf. panel advocates reasonability and upfront communication, 1180
Article 29 Working Party opinion, Special Report, 315 Attorney obligations discussed at symposium, 1494 Commerce Undersecretary O'Neill, BNA interview, 94 Digital forensics, Analysis and Perspective, 361 Employers, conference speaker talks about risks and benefits, 440 EU data protection, Practice Aid, 409 France, guidelines issued on pretrial discovery, 1240 Metadata preservation, Practice Aid, 1247 Native format, party ordered to reproduce documents in searchable format with associated metadata (D. Nev.), 1171 Usenet.com must preserve relevant data upon request in music file sharing case, sanctions ordered (S.D.N.Y.), 236
Breach of contract claim, firm seeking unsorted account search must pay costs (N.Y. Sup. Ct.), In Brief, 842
Deleted e-mails, access to opposing party's servers to recover approved (S.D. Cal.), 41 Divorce, admissible when husband gave wife password (N.Y. Sup. Ct.), 778 Printouts instead of digital copies, no sanctions in spam case (S.D. Ohio), 1204 Rocky Mountain Bank, probe of customer data improperly attached to e-mail, unable to seal complaint (N.D. Cal.), 1378; dismissal approved, 1433 Spoliation, routine backup tape deletion, no bad faith (M.D. Fla.), In Brief, 1176 Threats must be sent across state lines (4th Cir.), In Brief, 940 Failed bank robbery led to firing of manager not disclosure of polygraph, no evidence of damages (D.S.C.), 625 File sharing, music downloading
Continuous downloading and distribution allegations avoid making available inquiry (N.D.N.Y.), 398
P2P shared folder, no unauthorized access when files accessible to general public (E.D. Pa.), In Brief, 407 Personal knowledge justifies naming CEO in suit (S.D.N.Y.), In Brief, 1577 Va. Polytechnic Inst. & State Univ., no sovereign immunity on subpoena for defendants' identities when not party in suit (W.D. Va.), 43 Go Daddy site, registrar's preservation of site content for police no basis for civil rights claims (N.D. Cal.), 400 Google Street View, homeowners' privacy not invaded by inclusion (W.D. Pa.), 303; failure to seek trespass nominal damages no basis to reopen case, 591 Junk faxes, Al Copeland Inv. class action, manifestly erroneous certification reversed (La. Ct. App.), 1380 Mental health records
Divorce proceedings, claims reinstated that records improperly disclosed (Ill. App. Ct.), 1561
Fellow workers accessed, insufficient evidence to support emotional distress damages (Iowa), 777 Prescription records, police need warrant and not just subpoena (La.), 735 Private detective, file sharing evidence allowed from firm without PI license (D. Minn.), 930 Privileged communications Secret recording of supervisor's comments for gender bias suit no violation of Wiretap Act (D.N.M.), 1057 Social networking sites provide ready source of information and possible problems, 1566 Software unauthorized use, sanction granted for post-notice deletion (W.D. Ky.), In Brief, 1152 Spam
Project Honey Pot seeks assistance of banks and clearinghouse vendors to identify hackers (E.D. Va.), 1236
Tampering claims inadequate (S.D. Ohio), 560
E-mail, former marketing executive claims boss accessed personal account, actual damages proof required for statutory award (4th Cir.), 467; actual damages, Analysis and Perspective, 571
Location data from mobile phone provider, privacy groups file brief supporting ruling that U.S. needs warrant (3d Cir.), 499 MySpace, verdict against restaurant for manager's access of employee's private chat group (D.N.J.), 1474 Tax preparer tossed client files in dumpster, some discovery limited, requests overbroad (E.D. La.), 1382 Trade secrets, attorney sanctioned for exposing protected papers (Cal. Ct. App.), In Brief, 23 Whois databases, domain ownership not proved by listing
Control of website evidence (D.N.H.), In Brief, 1243
Corporate veil, not enough to pierce (D.S.D.), 711
DHS E-Verify system, government contractor mandate
Presidential records Transparency, CTO directed to issue an Open Government Directive, 159
Express Scripts notifies all state attorneys generals of plot, 1435
German social networking site faces blackmail after theft of user data on millions of children, 1533 Va. dangerous drug prescription reporting system data allegedly held for ransom, 751; Va. sending breach notices over exposure of SSNs, 836 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
