The National Law Forum

The Blog of the The National Law Review

Category Archives: Privacy Law

Reasonable Expectation of Privacy: Are You Free To Eavesdrop on Pocket Dials?

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Most people have experienced a “pocket dial” – be it as the sender or receiver – and some have found themselves in embarrassing situations as a consequence.  But should people reasonably expect that conversations overhead during a “pocket dial” call are private and protected? Should the recipient feel obligated to end the call?  The Sixth …

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U.S., U.K. Governments Seek Cyber Innovations from Private Sector

Small flags of Great Britian and the United States in a stand on a white background. See more flags from this series in my portfolio.

The private sector is likely to produce critical cyber innovations—at least, that is what the U.S. Defense Advanced Research Projects Agency (“DARPA”) and the U.K. Centre for Defence Enterprise (“CDE”) would like to see. In the United States, although the internet may have been invented at DARPA, DARPA is turning to a private sector competition to protect …

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Federal Trade Commission: Start with Security

On June 30, 2015, the Federal Trade Commission (FTC) published “Start with Security: A Guide for Businesses”(the Guide). The Guide is based on 10 “lessons learned” from the FTC’s more than 50 data-security settlements. In the Guide, the FTC discusses a specific settlement that helps clarify the 10 lessons: Start with security; Control access to data sensibly; …

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Home Depot Moves to Dismiss Consumer Data Breach Claims for Lack of Standing

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Home Depot has staked its defense of consumer claims arising from the 2014 theft of payment card data from the home improvement retailer on the asserted absence of injuries sufficient to confer standing to sue.  Because consumers rarely sustain out-of-pocket losses when their payment card numbers are stolen, lack of standing is typically the primary …

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Supreme Court to Decide Who Can Sue Under Privacy Law

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Does a consumer, as an individual, have standing to sue a consumer reporting agency for a “knowing violation” of the Fair Credit Reporting Act (“FCRA”), even if the individual may not have suffered any “actual damages”? The question will be decided by the U.S. Supreme Court in Spokeo, Inc. v. Robins, 742 F.3d 409 (9th …

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