Mealey's Data Privacy

  • May 28, 2021

    Insurer: No Coverage Owed For BIPA Suits Brought Against McDonald’s Franchisees

    CHICAGO — An insurer on May 19 filed suit in an Illinois court, seeking a declaration that is has no duty to defend or indemnify McDonald’s and its franchisees against two underlying lawsuits alleging violations of the Illinois Biometric Information Privacy Act (BIPA), arguing that the underlying claims do not assert “bodily injury” or “property damage” that was caused by an “occurrence” nor do they allege “personal and advertising injury” under the policy.

  • May 27, 2021

    Invasion Of Privacy, Intrusion Claims Again Dismissed In Google App-Tracking Suit

    SAN JOSE, Calif. — An Android phone user on May 24 saw his invasion of privacy and intrusion upon seclusion class claims over Google LLC’s purported tracking of Android owners’ use of apps dismissed for a second time, with a California federal judge finding that they were essentially unchanged from a prior dismissal ruling.

  • May 27, 2021

    Wiretap, UCL, Privacy Claims Axed In Suit Over Google Apps Data Collection

    SAN FRANCISCO — Privacy claims against Google LLC over data collection purportedly carried out by its Google Analytics (GA) service and certain apps were whittled down on May 21, when a California federal judge partly granted the company’s motion to dismiss, disposing of claims under the Wiretap Act and California’s unfair competition law (UCL) for failure to state a claim and for lack of jurisdiction.

  • May 27, 2021

    Media Org To High Court: Massachusetts Eavesdropping Law Violates 1st Amendment

    WASHINGTON, D.C. — In a May 12 petition for certiorari, a media group asks the U.S. Supreme Court to decide whether a Massachusetts anti-eavesdropping statute, which makes nearly any surreptitious conversation a felony, is overbroad and runs afoul of the First Amendment to the U.S. Constitution.

  • May 26, 2021

    Final Approval Granted To LexisNexis Risk Solutions Crash Report Class Settlement

    STATESVILLE, N.C. — A federal judge in North Carolina on May 24 granted final approval to a class settlement under which LexisNexis Risk Solutions Inc. and PoliceReports.US LLC will limit the disclosure of crash reports nationwide.

  • May 25, 2021

    Microsoft’s Appeal Of Warrant Secrecy Orders Dismissed As Moot By 2nd Circuit

    NEW YORK — Finding that an appeal by Microsoft Corp. of court orders preventing it from informing a customer about investigative warrants has been mooted by disclosure to the customer, a Second Circuit U.S. Court of Appeals panel on May 14 granted the government’s motion to dismiss the matter while granting Microsoft’s motion to vacate the underlying rulings that prompted the appeal.

  • May 21, 2021

    Illinois High Court: Defense Owed For Claims Insured Disclosed Fingerprint Data

    SPRINGFIELD, Ill. — The Illinois Supreme Court on May 20 affirmed a lower court’s ruling that an insurer has a duty to defend against class action claims that its insured violated the Biometric Information Privacy Act by disclosing fingerprint data to a third party without consent, further affirming that the policy’s violation of statutes exclusion does not bar coverage.

  • May 21, 2021

    Google User Files Class Privacy Complaint Over Real-Time Bidding Process

    SAN JOSE, Calif. — In a May 18 complaint filed in California federal court, a New Jersey man accuses Google LLC of cultivating a vast database of users’ personally identifiable information (PII) that he calls “reminiscent of what George Orwell warned about,” faulting the tech firm for sharing the data with advertisers in its real-time bidding (RTB) process, bringing claims of privacy violations and unfair competition.

  • May 19, 2021

    Class Suit Filed Over COVID-19 Contact Tracing Lists Data Breach

    HARRISBURG, Pa. — The Pennsylvania Department of Health (DOH) and an employment staffing company failed to safeguard private health information (PHI) contained in COVID-19 contract tracing lists and then timely notify those affected after a data breach, a Pennsylvania woman alleges in her putative class complaint filed May 5 in a federal court in Pennsylvania.

  • May 17, 2021

    Supreme Court Won’t Hear 5th Amendment Suit Over Compelling Phone Passcode

    WASHINGTON, D.C. — In its May 17 order list, the U.S. Supreme Court denied certiorari in a dispute between New Jersey and a former law enforcement officer over whether compelling the target of an investigation to unlock a secured smartphone violates the Fifth Amendment to the U.S. Constitution.

  • May 17, 2021

    U.S. High Court Won’t Review Age Bias Row Raising Discovery, GDPR Issues

    WASHINGTON, D.C. — The U.S. Supreme Court on May 17 denied a petition for a writ of certiorari filed by a U.S.-based company arguing that an underlying Ohio state court discovery ruling against it would cause it to violate the stringent personal privacy protections of the European Union’s General Data Protection Regulation (GDPR) and asking the high court to offer guidance as to how discovery in U.S. courts should interact with foreign privacy laws.

  • May 14, 2021

    Missouri Appeals Court: DNA Evidence, Expert Properly Admitted In Estate Dispute

    ST. LOUIS — A probate court properly admitted DNA evidence and expert testimony that established that the grandchild of a decedent is entitled to a share of an estate, a Missouri appeals court found May 11.

  • May 12, 2021

    Discovery, GDPR Raised In High Court Appeal In Age Discrimination Employment Row

    WASHINGTON, D.C. — In an April 26 reply brief supporting its petition for certiorari, a U.S.-based company tells the U.S. Supreme Court that an underlying Ohio state court discovery ruling against it would cause it to violate the stringent personal privacy protections of the European Union’s General Data Protection Regulation (GDPR), asking the high court to offer guidance as to how discovery in U.S. courts should interact with foreign privacy laws.

  • May 10, 2021

    Judge Dismisses Excess Insurer From Coverage Dispute Arising From Smart TV Litigation

    LOS ANGELES — A federal judge in California on May 4 granted an excess insurer’s motion to dismiss Vizio Inc.’s lawsuit seeking defense and indemnity for an underlying $17 million settlement and defense costs arising from class claims over the insured’s unauthorized collections of consumers’ television viewing data, dismissing the claims for breach of contract, breach of the implied covenant of good faith and fair dealing, equitable contribution and declaratory judgment with leave to amend.

  • May 10, 2021

    Economic Loss Questions Sent To Virginia High Court In Capital One Data Breach Row

    ALEXANDRIA, Va. — Having determined that Virginia law applies to negligence claims brought against Capital One Financial Corp. over its 2019 data breach, a Virginia federal judge on May 7 granted a motion by the credit card issuer to certify questions to the state high court on whether the economic loss rule bars such claims in such contexts.

  • May 10, 2021

    Final OK Given To ‘Cosmetic’ Settlement Of Facebook ‘View As’ Privacy Suit

    SAN FRANCISCO — Characterizing the settlement between Facebook Inc. and the last remaining plaintiff in a privacy class action against the social network as merely “cosmetic” and having achieved “limited success” in the original claims over a data breach via Facebook’s “view as” feature, a California federal judge on May 6 nevertheless found the security improvements required by the agreement to be sufficient to merit final approval.

  • May 07, 2021

    Samsung Seeks Arbitration Of Wiretap Class Claim Over Smart TVs

    NEWARK, N.J. — In a May 4 reply brief supporting its motion to compel arbitration, Samsung Electronics America Inc. argues in New Jersey federal court that the plaintiffs bringing a putative class action over the alleged data collection carried out by its smart TVs are bound by an arbitration provision within the terms and conditions (T&C) to which they each agreed.

  • May 04, 2021

    Judge Transfers Coverage Dispute Over Data Breach To Washington Federal Court

    MINNEAPOLIS — A federal judge in Minnesota on April 30 granted a motion by an excess errors and omissions insurer to transfer the venue of a commercial general liability insurer’s declaratory judgment lawsuit seeking reimbursement for its settlement of two lawsuits arising from a data and security breach of the insured’s computer network system that affected approximately 10 million individuals.

  • May 03, 2021

    Apple Opposes Discovery Of Customer Info In Suit Over Biometric Data Collection

    EAST ST. LOUIS, Ill. — Apple Inc. on April 28  moved to quash discovery subpoenas served on several major retailers by plaintiffs accusing it of violating Illinois’ Biometric Information Privacy Act (BIPA) via facial recognition technology within its Photos app, telling an Illinois federal court that the plaintiffs’ quest to obtain customers’ personal data, purportedly in connection with class determination, without their knowledge or consent runs directly counter to their data collection claims against Apple.

  • April 30, 2021

    U.S. High Court Seeks Response In Suit Over Access To Public-Sector Employee Info

    WASHINGTON, D.C. — The U.S. Supreme Court on April 29 requested a response from Washington state officials who previously waived their right to respond to a petition for a writ of certiorari filed by individuals and a group seeking to replace incumbent unions representing public-sector employees and arguing that a state law meant to protect the elderly from financial crimes contains a provision that prevents them from being able to communicate with public-sector employees who serve the elderly.

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