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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
SCHOOLS
Boston College, no warrant based on roommate's hacking allegations (Mass.), In Brief, 842
Credit card marketing, new Ill. law expands restrictions of use of student data, 1206 Data breaches
Ohio Univ. alumni database, schools and fired IT managers settle claim, audit report to be released (Ohio Ct. C.P.), 561
Va. Tech researcher loses flash drive with student data, 1499
Intellect Art Multimedia, opinion-based criticisms of summer school, no liability (N.Y. Sup. Ct.), In Brief, 1393
York Univ., internet users not entitled to chance to object to ID disclosure by ISPs (Ontario Super. Ct.), 1352 File sharing, music downloading by students
Boston Univ. student may not present fair use defense before jury (D. Mass.), In Brief, 1153
Continuous downloading and distribution allegations avoid making available inquiry (N.D.N.Y.), 398 RIAA to end litigation against individuals and move focus to services and ISP cooperation, 11 Va. Polytechnic Inst. & State Univ., no sovereign immunity on subpoena for defendants' identities when not party in suit (W.D. Va.), 43 Ill., superintendent's contract must be disclosed (Ill.), In Brief, 884 NCAA disciplinary proceeding on improper faculty assistance to students, media request for documents (Fla. Dist. Ct. App.), 1529 Random drug testing for county teachers held unconstitutional (N.C. Ct. App.), 832 San Quentin Univ. of Cal. research program, fired employee claims retaliation for reporting prisoner privacy violations (Cal. Super. Ct.), 1473 Spam, students targeted in scheme, four indicted (W.D. Mo.), In Brief, 677 State reporting systems, too much data collected on students, report sets out recommendations for improved protections, 1564 Strip-searching students, proper test debated (U.S., oral arg held), 624; strip search unconstitutional but principal immune (rvs), 956 Student loan database, Fla. loan company workers plead guilty to misusing (M.D. Fla.), 1146
Data breaches
Grampian NHS, ICO enforcement action, 1352
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 U.S. credit card tax payments despite recent breach, 667; oral arguments set (J.P.M.L.), 775; panel consolidates claims, 873
Anonymous web commenters, privacy interest in ISP-stored identifying data held to depend on terms of service (W.D.N.Y.), 397
Child pornography
Computer search at scene, warrant for documents and records did not justify (9th Cir.), 1171
Delay in getting computer search warrant unreasonable and requires suppression of evidence (11th Cir.), 669 One-hour computer upgrade service, whether privacy expectation (U.S., rev den), In Brief, 882 Paramedic, no evidence ban from co-worker's laptop search (8th Cir.), In Brief, 473 Probable cause, old porn site subscription enough to establish (6th Cir.), In Brief, 1506 Virus search consent does not extend to images (Ill. App. Ct.), In Brief, 747 Corporate executives may lack standing to challenge searches of business premises (9th Cir.), 239; ruling amended, In Brief, 842 Drug and alcohol testing
Observed urination rule upheld for transportation workers (D.C. Cir.), 776; DOT reinstates rule for return-to-duty and follow-up drug testing, 1142
Teacher random testing policy held unconstitutional (N.C. Ct. App.), 832 GPS tracking of car for prolonged period of time, warrant required (N.Y.), 776 Hacking, no warrant based on college roommate's allegations (Mass.), In Brief, 842 Identity theft, tax preparation service office files searched, sheriff's office lacked probable cause for warrant (Colo. Dist. Ct.), 442 Location data from mobile phone provider, privacy groups file brief supporting ruling that U.S. needs warrant (3d Cir.), 499 Mont., search consent of own bedroom from child victim invalid (Mont.), In Brief, 940 NFL pat-down searches at Tampa stadium (U.S., rev den), 163; In Brief, 172 Nude cell phone photo viewing by police prompts lawsuit (W.D. Va.), In Brief, 599; lacked objectively reasonable expectation of privacy, 1349 Prescription records, police need warrant and not just subpoena (La.), 735 Rental vehicles, privacy expectation of borrower (U.S., rev den), In Brief, 1504 Self-incrimination, production of unencrypted version of laptop's hard drive does not qualify (D. Vt.), 398 Social networking sites provide ready source of information and possible problems, 1566 Storage unit rented using stolen identity, no privacy protection (10th Cir.), 1610 Strip-searching students, proper test debated (U.S., oral arg held), 624; strip search unconstitutional but principal immune (rvs), 956 U.K. enforcement powers Warrantless border searches of electronic devices
Border Security Search Accountability
DHS annual report released, 1375; groups tell Congress that Privacy Office not living up to mandate, 1558 Review, DHS advisory committee urges Napolitano to add privacy protections, 269 Search data, ACLU files FOIA suit (S.D.N.Y.), 1270 Securing Our Borders and Our Data Act
See INTERNET
Broker, industry self-regulator levies fine for lax data protection, 706
Compliance, CFTC and FinCEN agree to share information and maximize resources, In Brief, 174 Data breaches, report says many firms fail to tell SEC of risk to finances and reputation, 619 E-mail and IM subject to recordkeeping, CFTC says, In Brief, 287 Fair Credit Reporting Act affiliate information sharing preemption, whether completely overrides Cal. financial information privacy law (U.S., brief sought), In Brief, 447; Office of Solicitor General says petition should be rejected (amicus brief filed), 870; (rev den), 981; In Brief, 991 Freedom of information
Mark Cuban lawsuit to gain litigation-related documents, attorneys debate use of FOIA to fight SEC charges, Analysis and Perspective, 996
Request fee schedule updated, In Brief, 49 Hacker can be insider trader without fiduciary duty (2d Cir.), In Brief, 1102 Internal investigations, counsel should heed ruling that nixed privilege once information voluntary shared with others (N.D. Tex.), 1022 Investor Protection Act Japanese brokerage firm, data manager stole client data and sold to marketers, 566; worker arrested, Japan financial regulators release data security guidelines, 991; no ID theft shown yet, 1097 Keylogger software, stock trading firm agrees to SEC fine to settle charges of lax data security, 1494 Model privacy form, SEC reopens comment period on proposal, 584; FTC to release final model GLB privacy notice form by Fall, 732; FDIC board approves, 1554 Phishing scam, FINRA warns investors, In Brief, 1481 Scottrade online brokerage to pay FINRA fine over lax anti-money laundering program, 1559 Securities and Exchange Commission (SEC)
Chair, Senate confirms Schapiro, In Brief, 211
Con artists, warnings about people posing as federal workers, In Brief, 408 Data security, GAO reports continued deficiency in internal controls, 465 FISMA compliance, OASIS system report issued, 529 FOIA compliance, IG urges more support and training, 1430
Conspiracy to commit securities fraud convictions on retrial (E.D.N.Y.), 627
Merrill Lynch agrees to penalty to settle charges that broadcast customer orders not protected (SEC), 439
See ELDERLY PERSONS
Death sentencing recommendations in military capital case exempt from disclosure (U.S., rev den), In Brief, 1504
File sharing, Swedish court sentenced four Pirate Bay website administrators to jail terms, 632 Identity theft
Nursing home residents' stolen tax data used fraud scheme, four more sentenced (W.D. Mo.), In Brief, 174
Production sentence upheld for minor charge (1st Cir.), In Brief, 23 Puerto Rican residents, N.Y. man sentenced for tax refund scheme (S.D.N.Y.), 775 VA, former auditor sentenced (Cal. Super. Ct.), In Brief, 174
Craigslist, prostitution ad claim dismissed (N.D. Ill.), In Brief, 1577
Defamation, Topix.com ordered to disclose web speaker identities (Tex. Dist. Ct.), In Brief, 448 ISP data retention requirements Search consent of own bedroom from child victim invalid (Mont.), In Brief, 940 Social networking service companies sign EU self-regulatory pact, 279 Sweden, website removed after DPA enforcement threat, 309 U.K., parliamentary group launches inquiry into ISP role in catching bad actors, 675 Unauthorized computer access, dominatrix solicitation using work computer (Ohio Ct. App.), In Brief, 718 Utah law requiring disclosure of internet account information survives challenge (D. Utah), In Brief, 1294
Data protection, review underway to consider need for omnibus bill, 250
Binding corporate rules, country one of latest to join recognition procedure, 629
Data retention, EU Directive challenge dismissed (E.C.J.), 284
Identity theft, red flag rules for low-risk creditors
See IDENTITY THEFT, subheading: Red flag rules, Creditors
South Korea expands privacy law, 988; correction, 1068 SOX exemptions
ABA. Conf. says valuable ad tool but firms must know risks, 1178
Article 29 Working Party opinion, users may need to comply with privacy mandates, 932 Attorneys may not mislead witnesses into granting access (Philadelphia Bar Ass'n Prof'l Guidance Comm.), 669 Cal. disclosure bill vetoed, 1498 Canada
Second Life activities covered by PIPEDA according to research report, 445
User ID verification, privacy office will not require, In Brief, 634
OMB proposes ending ban, comments sought, 1139; received comments are mixed, 1197
White House
Public records, comments to be saved and privacy protected, 1376
Website privacy policy allows persistent to link to social media sites, 194 Data security, U.K. study finds sites skimp on or downplay to attract new users, 1150 E-discovery, conference speaker talks about risks and benefits for employers, 440 Employer monitoring of web posts, Analysis and Perspective, 1039; correction, 1068; electronic monitoring increasing, lawyers urge caution, Special Report, 1295; survey says only 25 percent of firms formally monitor use of online social media, 1376 European Union
Data protection reform overdue, EU telecommunications official warns of threats in video message, 596
Self-regulatory pact, web companies sign, 279
Beacon program
Blockbuster cannot compel arbitration when contract illusory and unenforceable (N.D. Tex.), 626
Shut down of program agreed to in class action settlement (N.D. Cal.), 1380; court gives preliminary approval of deal, 1561 CFAA claim against aggregator (N.D. Cal.), In Brief, 92 Copyrights, violating terms of service actionable, accessed network through automated means (N.D. Cal.), In Brief, 806 Data harvester in disguise (Cal. Super. Ct.), In Brief, 1293 Defamation claim dismissed despite data ownership claim (N.Y. Sup. Ct.), In Brief, 1577 Discovery of plaintiff's postings allowed despite privacy settings (Ontario Super. Ct.), 406 Italian DPA warns users that information never completely deleted, In Brief, 506 Privacy configuration system to be upgraded after Spanish DPA voices concerns, In Brief, 1103 Spam and phishing attacks, users hit with TRO, including King of Spam (N.D. Cal.), In Brief, 447 Survey says not all executives comfortable with, In Brief, 1312 Terms of Use policy, company withdraws change on retention of personal data, EPIC planned FTC complaint, 299 German site faces blackmail after theft of user data on millions of children, 1533 Government websites' functionality, interagency group urges use, In Brief, 23 Italy, DPA repeats call for greater authority, predicts new concerns arising in coming years, 746 MySpace
Assault by sexual predator, network not contact provider, not liable for communications (E.D. Tex.), 831
Diatribe against hometown, no privacy expectation in post (Cal. Ct. App.), 560 Fictitious page leads to teenage girl's suicide, CFAA provision that arguably criminalized breaches of terms of service void for vagueness (C.D. Cal.), 1278; attorneys offer terms of service drafting suggestions, 1343 Health data post held as publication, Minn. privacy law not preempted by HIPAA (Minn. Ct. App.), 960 Manager's access of employee's private chat group, verdict against restaurant (D.N.J.), 1474 Nursing student reinstated, off-color blog post did not violate patient privacy (W.D. Ky.), 1202 Single message insufficient to convict for intimidation and privacy invasion (Ind. Ct. App.), 1275 Privacy expectations, sites consider important in evolving market, 1469 Sony online community not company town, speech not protected (N.D. Cal.), 1435 Spain
Risk studies, DPA and IT institute report, 280; DPA in consultations with firms to discuss privacy and protections, 537; Tuenti site to fix gaps, In Brief, 1035; Facebook, new system to establish stricter privacy protections, In Brief, 1103
User privacy guidance, AEPD issues, 748 Twitter, Mich. mayor accidentally posted personal employee data, 962 Workplace policies
Advice to employers on what to include in policies, 942
Benefits and risks in employee use, IAPP Privacy Academy, 1398 Compliance trends, Ponemon survey report, 892 IAPP Privacy Summit speaker says companies must update to keep pace with technology, 480 Public employers need, attorney urges to avoid pitfalls, 1266 RSA. Conf. panelists suggest setting standards, 647 Twitter raises concerns, Special Report, 941
Defamation, anonymous web speakers will not be identified without evidence of jurisdiction (D.D.C.), 301
Spain DPA fines video poster who failed to gain subject's consent, 242
Canada, agency privacy audits completed, 311
CFAA access authorization, former SSA employee found guilty with exceeding (S.D. Fla.), In Brief, 1175 CLEAR registered traveler program, data transfer enjoined (S.D.N.Y.), 1233 Court records, no remedy against bank for filing that included unredacted SSN (Tex. Ct. App.), 1528 Data breaches
Carolina Mammography Registry reports unauthorized computer access, 1436
Kaiser Permanente notifying workers that PII may have been stolen, 278; breach traced to terminated employee of union, 403 Monster.com says passwords and IDs compromised but not SSNs, 205 UC Berkeley health services center computer systems hacked raising ID theft concerns, 751 Va. Tech researcher loses flash drive with student data, 1499 Identity theft
Constitutional privacy right not implicated by SSN stolen off county clerk's website (U.S., rev den), 81; In Brief, 90
Nursing home residents' stolen tax data used in scheme, four more sentenced (W.D. Mo.), In Brief, 174 Puerto Rican residents, N.Y. man sentenced for tax refund scheme (S.D.N.Y.), 775 VA, former auditor sentenced, 174 Loan files, GLB preempts Wash. law on disclosure of non-public personal data (Wash. Ct. App.), 41 N.J. open records law, land records database firm must pay for SSN redaction of requested records (N.J.), 707 No-match rule Ohio Univ., breach of alumni database, schools and fired IT managers settle claim, audit report to be released (Ohio Ct. C.P.), 561 Social Security Number Fraud and Identity Theft Prevention Act Tex. suits over improper disposal of customer records, fitness center agrees to injunction (Tex. Dist. Ct.), 1239 Time Warner, court approves class settlement in cable firm sale of customer data (E.D.N.Y.), 1144 Use restrictions
Alaska law enacted, 834
Congressional Research Service report suggests Congress limits use, 797 Mass. sets court papers personal data rule, In Brief, 1152 N.Y. employer provisions part of omnibus ID theft law, 8 N.C. bill clears legislature, 1096; governor signs, 1149; law to take effect, 1387 S.C. law enacted, 834 Social Security Numbers Privacy and Identity Theft Prevention Act Va., injunction expanded protecting advocate's posting of officials' SSNs to protest posting of numbers in land records (E.D. Va.), 833 Worker eligibility, employer verification of
Data breaches, Zurich Ins. lost back-up tape with data on U.K., S. Africa, and Botswana customers, 1532
EU adequacy, data protection bill includes breach notice and marketing limits, Special Report, 1317; omnibus bill draws business criticism and requests for more time, 1567
Data breach notification, law enacted, include SSN use restrictions, 834
Mortgage company had duty to redact sensitive data from filed court documents but no damages (D.S.C.), 1238
Hackers indicted for exploiting e-commerce sites and reusing passwords, 597
Omnibus privacy law stalled, 988 Online poster identification verification, threshold lowered, 598 Small businesses, privacy law expanded, 988; correction, 1068
Complaints and actions increased in 2009, 933
Court records, AEPD says some courts improperly threw out sensitive data, 934 Enforcement and fines increased in 2008, data transfers to India increased, 596 International Conf. of Data Protection and Privacy Comm'rs, Madrid meeting, Barcelona preparatory meeting, 85; Bilbao meeting, Spanish DPA sees progress on global data standards, 934; Madrid Resolution establishes non-binding minimum global privacy standards, 1620; conference approves standards addressing advertising and workplace privacy, 1621; conference speakers and sessions focused on global standards, 1623; keynote speakers focused on EU-U.S. information sharing, 1624 Internet and telecommunications industry, AEPD opens compliance review, 631 Internet user privacy guidance, AEPD issues, 748 Seniors, DPA releases privacy primer, In Brief, 884 Social networking websites, DPA and IT institute report studies on privacy risks, 280; DPA in consultations with firms to discuss privacy and protections, 537; Tuenti site to fix gaps, In Brief, 1035; Facebook, new system to establish stricter privacy protections, In Brief, 1103 Spam, Ticketmaster subsidiary fined by Spanish DPA for e-mail addresses captured during online contest, 1390 Statistics for 2009 show increased compliance, 1354 Telemarketing
Consumer bill of rights recognized, new bill to address loopholes and ban calls, 836
No-mail registry list expanded to calls, texts, and e-mails, 987 Violations, DPA fines firm for unsolicited calls abroad, six more cases waiting, 340
AEPD reports complaints tripled in 2008, 596
Internet protocol cameras, probe targets, 993 Workplace monitoring focus of guide, 207
Ameritrade customer e-mail accounts hacked, despite attorney fee concerns proposed class settlement approved (N.D. Cal.), 750; court rejects settlement, decertifies class, 1560
Australia, EMX Pty agrees to pay text message fine, In Brief, 49 Cal. claims survive CAN-SPAM Act preemption
Deceptive e-mail subject claims (N.D. Cal.), 800
False advertising claims (N.D. Cal.), 709 Vonage e-mails from multiple domain names, whether Cal. law prohibits (9th Cir.), 15; whether state claim preempted by CAN-SPAM Act (Cal.), In Brief, 252 CFAA loss, collective class can together satisfy threshold but pleadings must transcend mere allegations (D. Minn.), 1147 Chinese province rejects bill to require cell phone user registration, 881 Damages, alleged e-mail disclosure or spam receipt not injury or damage for contract or fiduciary claims (S.D.N.Y.), 559 European Comm'n urges more dedicated resources and cooperation, 1476 FBI internet crime report for 2008, fraud and other activity complaints rose 33 percent, 529 FTC, strategic plan adopted that includes consumer and global privacy issues, 1466 Google modifies data collection policy, In Brief, 252 ICANN breach, domain registrar and proxy service not liable, spam recipient not beneficiary (N.D. Cal.), 1618 Ireland
Data Protection Comm'r annual report says e-mail spam fell, 745
Fines increased, complaints increased, 20 Text messages, DPA has no duty to seek informal resolution prior to filing suit (H. Ct.), 170 Netherlands law expands to ban unsolicited messages to businesses, 963 Ohio law preempted (S.D. Ohio), 560 Pottery Barn point of sale request, suit not preempted by CAN-SPAM (Cal. Ct. App.), 1384 Printouts of e-mails instead of digital copies, no sanctions (S.D. Ohio), 1204 Reunion.com's forward-to-a-friend e-mails, standing in federal court requires damages (N.D. Cal.), 42 Stalking, e-mails need to threaten safety to meet level (Or. Ct. App.), In Brief, 635 Students targeted in scheme, four indicted (W.D. Mo.), In Brief, 677 Tax officials note new data security threats, 868 Text messages are calls under TCPA, capacity not actual activity decisive (9th Cir.), 959 Ticketmaster subsidiary fined by Spanish DPA for e-mail addresses captured during online contest, 1390 U.S. SAFE WEB Act, spammers must hand over $3.7M in FTC's first case (N.D. Ill.), 1019 Virginia
Commercial limitation and new circumvention provisions proposed, 179
Criminal law unconstitutionally overbroad (U.S., rev den), 531; In Brief, 539
E-mail routine backup tape deletion, no bad faith (M.D. Fla.), In Brief, 1176
Music file sharing, Usenet.com must preserve relevant data upon request, sanctions ordered (S.D.N.Y.), 236
Baseball player steroid use, search of computer files limited to scope of warrant, detailed guidance offered (9th Cir.), 1269; attorneys and academics discuss implications, Special Report, 1357
NCAA disciplinary proceeding on improper faculty assistance to students, media request for documents (Fla. Dist. Ct. App.), 1529 NFL pat-down searches at Tampa stadium (U.S., rev den), 163; In Brief, 172
Canadian spam ban bill creates private right to sue and include penalties, ISPs support, 671; bill includes clause to end marketer no-call list but not immediately, 713; Analysis and Perspective, 810
CDA good Samaritan provisions shields anti-spyware software from claims brought by internet services (9th Cir.), 984 Data breaches, Heartland Payment Sys.
See DATA BREACHES
Fannie Mae, ex-worker pleads not guilty to charges of planting malware time bomb (D. Md.), 240 Federal legislation, Outlook, 59 Fla. bill to establish criminal penalties, 5 France, new crime bill allows government monitoring of cybercriminals' internet use, 837 FTC, strategic plan adopted that includes consumer and global privacy issues, 1466 IRS, TIGTA reports need to continue to address malware threat, 466 Keystroke logging
Employer's use may violate Wiretap Act (N.D. Cal.), In Brief, 805
Stock trading firm agrees to SEC fine to settle charges of lax data security, 1494 Natl. Credit Union Admin. issues fraud alert about bogus CD loaded with malware, 1264 N.J. bill to establish civil penalties, 5 N.Y. bill to establish criminal penalties, 5; bill prohibits use of rogue software, In Brief, 48 RemoteSpy software, FTC suit may proceed (M.D. Fla.), In Brief, 407; FTC properly invoked attorney-client privilege during deposition on agency's knowledge, In Brief , 1292 Rogue ISP, FTC gains court shutdown of malware host (N.D. Cal.), 865 Sears Holdings Mgmt. settles FTC claims of consumer data collection without proper disclosure (FTC), 824; proposed settlement involves software tracking of online activity, 869; settlement casts doubt on sufficiency of established practice, Viewpoint, 1070; FTC approves final consent order, 1306 State legislation outlook, Special Report, 177 Tax officials note new data security threats, 868 Telecommuting, NIST updates data security guidance, In Brief, 342; NIST releases final version, In Brief, 940
Bomb, air traveler allegedly monitored for saying word has standing for civil rights claims (D.C. Cir.), 399
Credit reports, debt collector's probe of identity theft victim may be willful FCRA violation (S.D. Ohio), 201 Data breaches
People's United Bank laptop lost, post-breach fear of identity theft satisfies standing but not compensable without loss (D. Conn.), 1348
RBS WorldPay, consumer class amends complaint over data breach hack (N.D. Ga.), 274; oral arguments set (J.P.M.L.), 775; panel consolidates claims, 873 MySpace, no privacy expectation in posted diatribe against hometown (Cal. Ct. App.), 560 RemoteSpy software, FTC suit may proceed (M.D. Fla.), In Brief, 407; FTC properly invoked attorney-client privilege during deposition on agency's knowledge, In Brief , 1292 Sleep study fraud, corporate executives may lack to challenge searches of business premises (9th Cir.), 239; ruling amended, In Brief, 842 Spam
Forwarding service not provider, firm lacks standing (9th Cir.), In Brief, 1539
Professional plaintiff lacked standing to pursue claims (9th Cir.), 1204 Reunion.com's forward-to-a-friend e-mails, damages claim required (N.D. Cal.), 42 Va. law unconstitutionally overbroad (U.S., rev den), 531; In Brief, 539
See also specific states
Anonymous web commenters, privacy interest in ISP-stored identifying data held to depend on terms of service (W.D.N.Y.), 397 Bank Secrecy Act (BSA) audit coordination, GAO says IRS should improve, In Brief, 473 Data protection, FDIC analyst cites self-regulation as best global model, 462 De-identified information, state regulation, Analysis and Perspective, 544 Do-not-call registries, Dish Network and dealers, FTC and state AGs allege no call and state law violations (C.D. Ill.), 497; Dish Network settles with 46 states, In Brief, 1068; two dealers settle FTC charges (E.D. Mich.), 1381 E-health
Barriers include state law differences and liability fears, 1232
Database of federal and state privacy laws, Fla. launches website, In Brief, 1394 Employment verification Health care topics for 2009, Analysis and Perspective, 24 HIPAA, state AG suits Information sharing
Fusion centers, DHS releases PIA, In Brief, 22
Justice Dep't advisory group releases report, In Brief, 22
Special Reports, 177; 215; 256; 507; 636; 679; 786
2009 outlook on privacy measures, 5 Preemployment background screening, ASIS Intl. updates guidance, In Brief, 1480 Public records
See PUBLIC RECORDS
Surveillance, town officials have no qualified immunity for recording all calls from office for six years (7th Cir.), 1095 TJX Cos. data breach investigations, agreement reached with state attorneys general (Mass. Super. Ct.), 957
CFAA limitations period runs from discovery of damage, not loss (N.D. Ill.), In Brief, 448
Data breaches, Circuit City customer class action suit against Chase Cards Services dismissed (S.D.N.Y.), 1055 Defamation, single-publication rules applies to alleged online slur (W.D. Ky.), In Brief, 785 Physician disclosure to employer led to dismissal, breach of provider confidentiality not same to privacy tort (Pa.), 399 Taxpayer's claim of IRS improper data disclosure remanded (9th Cir.), 1146
See SCHOOLS
See generally EVIDENCE
Appointments, Sotomayor ruled for ISP in NSL free speech case, 808; Obama picks Sotomayor, confirmation likely, 808
Data mining of prescription information, N.H. ban upheld (rev sought), 530; state regulation of de-identified health information, Analysis and Perspective, 544; (rev den), 982; In Brief, 991 Driver's Privacy Protection Act, license plate surveillance of Cintas employees, union liable (rev den), 497; In Brief, 505; union not liable for punitive damages (E.D. Pa.), 1203 E-Verify, Ariz. mandate, U.S. Solicitor General invited to file brief on preemption (brief sought), 1608 Fair Credit Reporting Act affiliate information sharing preemption, whether completely overrides Cal. financial information privacy law (brief sought), In Brief, 447; Office of Solicitor General says petition should be rejected (amicus brief filed), 870; (rev den), 981; In Brief, 991 Freedom of information
Death sentencing recommendations in military capital case exempt from disclosure (rev den), In Brief, 1504
Reasonable search for documents by FBI (rev den), In Brief, 991 Time records of IRS agent, whether target of investigation may inspect (rev den), In Brief, 938 U.S. attorney not required to produce final report on criminal fraud probe (rev den), In Brief, 209
Aggravated ID theft, whether knowledge that real person required
Flores-Figueroa (oral arg held), 333; knowledge of actual victim required (rvs and rem), 708
Villanueva-Sotelo (rev den), In Brief, 784
Retirement facility employee giving patient files to EEOC legitimate reason for firing (rev den), 396; In Brief, 406; data copying not misappropriation of property (Okla.), 1386
VA employee HIV-status and drug use revealed by VA doctor to union not prohibited (rev den), 163; In Brief, 172
Child pornography, whether privacy expectation with one-hour computer upgrade service (rev den), In Brief, 882
NFL pat-down searches at Tampa stadium (rev den), 163; In Brief, 172 Rental vehicles, privacy expectation of borrower (rev den), In Brief, 1504 Strip-searching students, proper test debated (oral arg held), 624; strip search unconstitutional but principal immune (rvs), 956 Voting, Ga. requires photo ID (rev den), In Brief, 882 Wiretapping, AT&T, complaint dismissed for failure to state claim (rev den), In Brief, 1504 Wrongful death suit, SSN disclosure requirement (rev den), In Brief, 342
Blanket filtering to catch file sharers, consumer advocacy group decries, interferes with privacy of end users, In Brief, 1103
Bomb, air traveler allegedly monitored for saying word has standing for civil rights claims (D.C. Cir.), 399 Employee monitoring policies
ABA Technology in the Practice and Workplace Comm. meeting, 712
IAPP Privacy Summit speaker says companies must update to keep pace with technology, 480 Recession, data security risks, Practice Aid, 998 Finland expected to permit limited surveillance of employee e-mail, 246; law allows employers surveillance of e-mail traffic data, 740 Foreign intelligence, warrantless NSA surveillance
Islamic nonprofit's claim to proceed, motion set for summary judgment (N.D. Cal.), 828
Program could be revisited, Outlook, 59 Reforms National security letters (NSLs)
Vehicle e-tracking mandated, In Brief, 785
Workplace privacy code restricts surveillance and e-mail monitoring, 308 Town officials have no qualified immunity for recording all calls from office for six years (7th Cir.), 1095 U.K. enforcement powers
ABA. Conf. warns caution on workplace monitoring and privacy policies, 1177
Canada
Best practices, privacy agency finalizes guide, 839
PI video spying, privacy office may seek court order to enforce recommendation, 881 Picketing, Alberta agency ruling set limits on union use, 566 France
CNIL audit schedule statement released, 879
Employee monitoring, Jean Marc Phillippe Co. fined, 1388 Hidden camera in office intruded on privacy but not invasion so tort liability (Cal.), 1170; Practice Aid, 1184 Police employee locker room, class settlement approved (C.D. Cal.), 1271 Spain
AEPD reports complaints tripled in 2008, 596; AEPD releases 2009 statistics, 1354
Internet protocol cameras, probe targets, In Brief, 993 Workplace monitoring focus of guide, 207 Wife's privacy invasion claim affirmed (Iowa), In Brief, 22
See WIRETAPPING
Biometric technology, FBI issues state of the art assessment, In Brief, 92
Data breach response costs
Hannaford breach response, Maine bank regulators release survey results, many affected, 37
Ponemon report finds costs 2008 increase, customer turnover big factor, 233
Data security, information at risk, Ponemon survey, 1579
Digital divide, costs barrier to adoption at hospitals serving poor, In Brief, 1577 Health information exchanges, number of fully operational HIEs grown, In Brief, 1104 HIT system use abysmally low, Am. Hosp. Ass'n annual membership survey, 495 HITECH Act meaningful use definition, eHealth Initiative webinar, 622 IT asset disposition trends survey, data security chief concern, In Brief, 540 Laptops
Encryption, Ponemon human factor survey
Canada, 132
U.K., 114 U.S., 96 PCI DSS
Compliance study, 1403
Small merchants, 1231 RSA Conf., most companies facing IT security budgets cuts and concerned over net applications, 642 Social media, 2009 Employee Engagement Survey, 941 Social networking websites
Employer monitoring, survey says only 25 percent of firms formally monitor use, 1376
Facebook, not all executives comfortable with, In Brief, 1312 U.K. study finds sites skimp on data security or downplay to attract new users, 1150 United Kingdom
Data breaches, BSI says half of businesses questioned had breaches, 838
Data controller registrations, ICO issues reminder to doctors after survey results, 1242 Workplace compliance trends, Ponemon report, 892
Bloggers, journalism protection extended, In Brief, 598
Cross-border communications surveillance law amendments to add court and privacy review, 804; Parliament approves, 1535 Data retention, EC begins legal steps for alleged non-implementation of EU Directive, 803 File sharing
IP addresses of illegal file-sharers, law to force ISPs to reveal, 564; ISPs not retaining user protocols skirt new law but legal, DPA says, 715; ePhone ISP must hand over customer data, In Brief, 993; ISP to appeal, In Brief, 1069; order overturned (Sweden, Svea App. Ct.), 1503
Pirate Bay website, four administrators sentenced to jail terms, 632 Prescription drugs, guidance issued to address concerns from end of state-run monopoly, In Brief, 1069 Sex offender website removed after DPA enforcement threat, 309 Workplace privacy bill draws data authority praise and industry objections, 1310
See H1N1 VIRUS
Google Street View, Swiss DPA demands further improvements, In Brief, 1356
Safe harbor program recognized by Swiss DPA, 20; Switzerland to attend international meeting, 1430 Tax fraud alleged, U.S. petitions court to enforce summons for Swiss bank client names (S.D. Fla.), 301; TRO issued (Bundesverwaltungsgericht), 341; UBS official tells Senate panel of objections to IRS summons, 394; Switzerland says IRS summons violates tax treaty and threatens agreement (S.D. Fla., brief filed), 716; DOJ affirms it is not dropping summons, 954; DOJ files memorandum, In Brief, 993; DOJ files memorandum, summons is only means to gain UBS account data, In Brief, 1034; trial postponed, In Brief, 1069; U.S. and UBS announce settlement, 1205; settlement terms announced, 1241; IRS requests account details, EC wants similar assistance, 1285; Conn. AG seeks UBS names, 1285; Swiss judge orders UBS to notify clients before turning over account details, 1391 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
