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In Privacy

United States: Plaintiffs win a round in Video Privacy Protection Act bout before Second Circuit – Salazar vs. National Basketball Association

by , , , and 4 Mins Read

In brief The recent surge in cases under the Video Privacy Protection Act (VPPA) underscores its critical role in addressing consumer privacy concerns in the digital age. The 1988 Act prohibits a “video tape service provider”, with certain exceptions, from the disclosure of video rental or purchase records containing personally identifiable information of any “consumer”. The Second Circuit has recently held in Salazar v. National Basketball Association, that the federal statute is “no dinosaur” and…

In Privacy

United States: California Court decision a reminder to review website privacy practices

by , , and 7 Mins Read

In brief In Esparza v. Kohl’s, Inc., Plaintiff brought a putative class action accusing Kohl’s of allowing a third party to unlawfully eavesdrop on him while he had a brief conversation with an agent on a chat feature on Kohl’s website. Kohl’s moved to dismiss all claims, but the United States District Court for the Southern District of California granted the motion only as to the claims for violation of the California Constitution and intrusion upon…

In Privacy

Ontario Court of Appeal halts “intrusion upon seclusion” claims against defendants whose databases are hacked by third-parties

by , and 3 Mins Read

Introduction On November 25, 2022 the Ontario Court of Appeal released three decisions clarifying the scope of the common law tort for invasion of privacy called “intrusion upon seclusion”. These cases are Owsianik v Equifax Canada Co., Obodo v Trans Union of Canada, Inc. and Winder v Marriott International, Inc. The issue before the Court was “whether a claim for intrusion upon seclusion can succeed against the collectors and custodians of private information (“Database…

In Digitalization

Digitization of the workplace: balancing remote controls with the right to privacy

by 4 Mins Read

It is no doubt that the coronavirus pandemic has given companies a boost in implementing work-from-home solutions. However, even before that, smart working has always been part of the employment relationship and, together with it, the need to ensure that efficiency and performance levels were met, regardless of the premises from which the employee was working. Technology offers a number of solutions to set up corporate surveillance, in its broadest sense. Indeed, it is not…

In Data & Technology Disputes

CCPA Litigation Trends

by 16 Mins Read

On July 1, 2020 California’s attorney general started enforcing the California Consumer Privacy Act by sending letters to companies with requests to cure alleged violations, as contemplated by the CCPA. The legislation took effect on Jan. 1, 2020, as part of the California Civil Code, and called on the attorney general to enforce the law within six months of enacting regulations or July 1, 2020 the latest. The CCPA regulations became final only on Aug.…

In North America

Will private litigants be able to enforce the CCPA compliance provisions?

by 7 Mins Read

Now that the California Consumer Privacy Act is in effect, it is imperative to consider the potential litigation risks that many companies are likely to face as a result of the new law. While many commentators have analyzed the CCPA’s express private right of action for data breaches that occur in the absence of reasonable security measures, it’s important to note that class litigation may be used in an attempt to privately enforce the other…