Recent Articles

Zip Codes not "Personal Identification Information" under California's Song-Beverly Act

Timothy P. Tobin
December 27, 2008 00:57

On December 19, 2008, in Party City Corp. v. The Superior Court of San Diego County, the California Court of Appeal in the Fourth Appellate District held that zip codes are not "personal identification information" under California's Song-Beverly Credit Card Act of 1971, California Civil...

Breach Litigation Developments Webinar

Tanya Forsheit
December 19, 2008 21:50

Early this month I discussed recent developments in data breach litigation at a webinar hosted by Debix.  You can listen to the webinar at any time by following the instructions here. All of us in Proskauer's Privacy and Data Security Practice Group wish you a peaceful and happy...

EU High Court Strikes Down UK DNA Database on Privacy Grounds

Jeremy Mittman
December 15, 2008 02:52

In a landmark ruling, the European Court of Human Rights (ECHR)—Europe’s highest court to take up cases affecting the privacy rights of EU citizens—ruled that some aspects of the UK’s DNA database violated EU law.  Specifically, on December 4, the ECHR issued its...

Federal Court Enjoins Sale of Keylogger Program

Scott J. Carpenter
December 05, 2008 21:31

A U.S. District Court for the Middle District of Florida recently issued a preliminary injunction ordering CyberSpy Software, LLC to stop promoting and selling “RemoteSpy,” a keylogger software program that, once installed on a computer, collects information regarding use of the...

MA Delays Implementation of Information Protection Standards

Clifford Davidson
November 26, 2008 20:03

Businesses holding personal information of Massachusetts residents have at least one thing to be thankful for this holiday season.  As reported here, Massachusetts earlier this year established strict standards for protection of personal information about Massachusetts residents. Those...

Privacy Issues When "Computing in the Cloud"

Kristen J. Mathews
November 26, 2008 13:45

When a company is considering using cloud computing in its IT infrastructure, there are some privacy issues that need to be addressed. While the value of cloud computing certainly holds much promise, companies wishing to make the leap into the cloud would be well advised to consider the potential...

Privacy under the 44th President? Will the New Administration Bring a New Playbook?

Brendon Tavelli
November 21, 2008 03:58

  As we prepare to welcome both the 44th President and a revamped Congress to Washington, it is time to consider what privacy under the new administration will look like. Barack Obama polled strongly on the campaign trail as the candidate most likely to advance individual privacy rights,...

CAN of Worms?: New Decision Opens CAN-SPAM Private Right of Action to Non-ISPs

Joseph K. Wright
November 06, 2008 20:05

  A recent decision in the Western District of Washington broadly defines the reach of the private right of action under the federal CAN-SPAM statute. In that case, Haselton v. Quicken Loans Inc., W.D. Wash., C-07-1777, 10/14/08, the court held that a company had standing to sue alleged...

NY State Releases Business Guide to Handling Personal Identifiable Information

Clifford Davidson
November 06, 2008 19:40

The New York State Consumer Protection Board has released a guide for New York businesses regarding the handling of personal identifiable information and the avoidance of identity theft. The guide also includes a form for reporting breaches to NY state agencies.  The guide is available here.

One Reputable Retailer Takes a $7M Hit On Text Messages

Kristen J. Mathews
October 31, 2008 20:07

On September 10, 2008, Timberland Company, an outdoor clothing and shoe merchant, along with co-defendant ad agencies GSI Commerce Inc. (“GSI”) and AirIt2Me Inc. (“AirIt2Me”), settled charges brought under the Telephone Consumer Protection Act (“TCPA”) arising...