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Category Archives for "Court cases"

LifeLabs faces proposed class action after data breach affects up to 15M clients

A proposed class action lawsuit has been filed against medical services company LifeLabs over a data breach that allowed hackers to gain access to the personal information of up to 15 million customers.

The plaintiffs allege LifeLabs “failed to implement adequate measures and controls to detect and respond swiftly to threats and risks to the Personal Information and health records of the class members,” in violation of the company’s own privacy policy.

Source: LifeLabs faces proposed class action after data breach affects up to 15M clients | CTV News

Man sues Ring after someone hacked security camera

A lawsuit filed by an Alabama man alleges that someone gained access to his Ring security camera and used the device’s two way-speaker system to harass his children.

The lawsuit, filed in federal court in California, claims that the camera systems are “fatally flawed.” It also states that the company does not offer two-factor authentication and only requires its users to use basic passwords when setting up the devices.

Source: U.S. man sues Ring after someone hacked security camera, harassed his children | CTV News

Advocate general thinks Standard Contractual Clauses are valid for data transfers out of EU

Henrik Saugmandsgaard Oe, advocate general to the Court of Justice of the European Union (CJEU), in his opinion issued yesterday said the use of so-called standard contractual clauses by Facebook and other firms to transfer information abroad is “valid.”

His non-binding opinion is not a ruling as such, but legal experts say opinions from the advocate general are typically followed by the court in a majority of cases. The CJEU will rule on the case in the coming months.

Source: Schrems vs. Facebook: Legal advisor to EU supreme court gives opinion

Advocate general will issue his view on EU data transfers tomorrow

Henrik Saugmandsgaard Øe, Advocate general at the Court of Justice of the European Union, tomorrow will issue his opinion in case brought by Austrian privacy activist Max Schrems.

At stake are standard contractual clauses used by Facebook and hundreds of thousands of companies, ranging from banks to industrial giants to carmakers, to transfer personal data to the United States and other parts of the world.

The opinion by advocate general  is non-binding. However, judges follow such recommendations in four out of five cases. The court will rule in the coming months.

Source: Facebook, privacy activist Schrems battle nears end on Dec. 19 – Reuters

Campaigners threaten UK parties with legal action over data processing

Open Rights Group issue urgent notice to Labour, Conservatives and Lib Dems, representing three individuals.

A data rights group has threatened legal action against the Conservatives, Labour and the Liberal Democrats over the parties’ use of personal data ahead of Thursday’s election.

Source: Campaigners threaten UK parties with legal action over data processing

Lawsuit challenges Trump administration’s policy on collecting foreigners’ social media accounts

Free-speech advocates say in a lawsuit filed Thursday that the policy violates federal law and runs afoul of the Constitution.

The requirement — implemented as part of the president’s controversial crackdown on immigration — amounts to an illegal surveillance dragnet that threatens to chill political expression online, according to a group of documentary filmmakers, who filed their case with the backing of two advocacy groups, the Brennan Center for Justice and the Knight First Amendment Institute.

Source: Lawsuit challenges Trump administration’s policy on collecting foreigners’ social media accounts – The Washington Post

TikTok found secretly transferring user data to China

According to a lawsuit file by a college student TikTok has been secretly transferring user data to China without gaining consent.

The class-action lawsuit filed in California, accuses TikTok of secretly harvesting large amounts of personally identifiable user data and sending it to China. In addition, the lawsuit accuses TikTok and its parent company ByteDance, of taking user content without their consent.

Source: #Privacy: TikTok found secretly transferring user data to China – PrivSec Report

German Constitutional Court Reshapes “Right to be Forgotten” and Expands Its Oversight of Human Rights Violations

In two recent landmark decisions issued on November 6, 2019, the German Constitutional Court presented its unique perspective on the “right to be forgotten” and announced that it will assume a greater role in safeguarding German residents’ fundamental rights from now on.

In first case the court held that since media nad privacy rights are not fully harmonized by EU law, the fundamental rights guaranteed by the German Basic Law (Grundgesetz) applied. The court stressed that in areas where the law is not fully harmonized, the application of fundamental rights granted by national constitutions can lead to different outcomes in the Member States.

In second case the court followed the Google Spain decision with respect to the general principles, in particular by confirming that the right at stake was the right to privacy. However, in the end, Google prevailed and the court did not order the takedown of the links at issue.

Full article: German Constitutional Court Reshapes “Right to be Forgotten” and Expands Its Oversight of Human Rights Violations

AG Opinion in Schrems II Delayed

The Advocate General’s (AG) Opinion in Case C-311/18, Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (so called “Schrems II”), has been delayed until the 19 th December 2019.

The primary question before the European Court of Justice, and the AG, in Schrems II is whether the European Commission’s standard contractual clauses are valid for transfers of personal data to the United States.

Source: UPDATE: AG Opinion in Schrems II Delayed

NSO Employees Take Legal Action Against Facebook for Banning Their Accounts

The lawsuit argues Facebook violated its own terms of service and Israeli privacy law for using the employees’ personal information.

Last month, Facebook itself sued NSO in California for leveraging a vulnerability in the WhatsApp chat program that NSO Group clients used to hack targets. As part of that, Facebook also banned the personal Facebook and Instagram accounts of multiple current and former NSO employees.

Source: NSO Employees Take Legal Action Against Facebook for Banning Their Accounts – VICE

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