Mealey's Data Privacy

  • March 25, 2021

    Yahoo Data Breach Class Asks 9th Circuit To Dismiss Objectors’ Appeal

    SAN FRANCISCO — In a March 22 reply brief, class members who sued Yahoo! Inc. over a series of data breaches it experienced ask the Ninth Circuit U.S. Court of Appeals to grant their recently filed motion for summary affirmance because the appeals filed by two objectors fail to demonstrate any abuse of discretion in a trial court’s rulings related to the approval of a $117.5 million settlement with Yahoo.

  • March 23, 2021

    Government To 2nd Circuit: Microsoft Gag Orders Do Not Violate 1st Amendment

    NEW YORK — Nondisclosure orders forbidding Microsoft Corp. from informing a client, or a representative thereof, about a warrant that compelled contents of its email accounts do not violate Microsoft’s free speech rights under the First Amendment to the U.S. Constitution, the U.S. government argues in a March 19 brief in the Second Circuit U.S. Court of Appeals, asserting that the orders are narrowly tailored to protect an ongoing criminal investigation.

  • March 23, 2021

    Union, OPM Announce Tentative Agreement In Data Breach Suit

    WASHINGTON, D.C. — The U.S. Office of Personnel Management (OPM), a union suing it over a 2015 data breach and an OPM vendor on March 19 announced a tentative settlement to a six-year-old privacy class action, telling a District of Columbia federal court in a joint status report that additional time was needed to complete negotiations.

  • March 22, 2021

    Facebook Denied Certiorari In Wiretap Act Dispute Over Internet Use Tracking

    WASHINGTON, D.C. — Facebook Inc.’s question about interception of electronic messages under the Wiretap Act will go unanswered by the U.S. Supreme Court, which denied the social network’s petition for certiorari on March 22, letting stand a ruling by the Ninth Circuit U.S. Court of Appeals that revived privacy and intrusion claims over Facebook’s use of cookies to track users’ internet activity.

  • March 19, 2021

    Privacy, Zoombombing Claims Against Zoom Dismissed; Contract, UCL Claims Survive

    SAN JOSE, Calif. — A motion by Zoom Video Communications Inc. to dismiss a putative class action against it was partially successful, with a California federal judge on March 11 finding that claims of hackers engaging in “Zoombombing” of others’ meetings on the company’s video conferencing platform were barred by the Communications Decency Act (CDA), while privacy and fraud claims were insufficiently pleaded.

  • March 19, 2021

    Marriott Data Breach Suit Plaintiffs Object To Search Of Their Electronic Devices

    GREENBELT, Md. — Objecting to a special master’s recommendation that Marriott International Inc. be permitted to engage in a limited forensic examination of their electronic devices, the plaintiffs in a consolidated privacy class action over the hotel chain’s 2018 data breach on March 17 asked a Maryland federal court to deny that discovery request, which they contend would violate their privacy rights more than the original data breach.

  • March 19, 2021

    Privacy Suit Over Appropriated OKCupid Photos Dismissed For Lack Of Jurisdiction

    CHICAGO — A woman whose dating profile pictures were used by an artificial intelligence (AI) company without her permission saw her privacy class claims against the firm dismissed March 16, with an Illinois federal judge finding insufficient evidence that the defendant purposely directed its activities at Illinois to confer specific jurisdiction in the state over it.

  • March 18, 2021

    Class Claims Over 2020 Marriott Data Breach Dismissed With Prejudice

    GREENBELT, Md. — Two customers of Marriott International Inc. failed to allege facts establishing that injuries they experienced were fairly traceable to the hotel chain’s 2020 data breach, a Maryland federal judge ruled March 3, granting Marriott’s motion to dismiss their negligence and unfair competition claims for lack of standing.

  • March 12, 2021

    Hospital Worker’s Biometric Privacy Claims Against Device Maker Survive Dismissal

    CHICAGO — One year after an Illinois federal judge dismissed a health care worker’s claims against a medical device manufacturer under the Illinois Biometric Information Protection Act (BIPA), she held in a March 9 ruling that he had cured his complaint’s flaws, leading her to deny a renewed motion to dismiss his biometric privacy class complaint.

  • March 09, 2021

    Facebook:  Certiorari Needed In Internet Tracking Suit To Fix Circuit Split

    WASHINGTON, D.C. — Guidance from the U.S. Supreme Court is needed to determine whether the Wiretap Act is violated when a web browser is used for the ubiquitous practice of loading a website page via a “GET request,” Facebook Inc. says in a March 3 reply brief supporting its petition for certiorari.

  • March 09, 2021

    Twitter Asks 9th Circuit To Reverse Dismissal Of 1st Amendment Suit Against FBI

    SAN FRANCISCO — Appealing the dismissal of its claim that the U.S. government violated its rights under the First Amendment to the U.S. Constitution, Twitter Inc., in March 1 reply brief, tells the Ninth Circuit U.S. Court of Appeals argues that it is entitled to “a prompt judicial review” of the Federal Bureau of Investigation’s blocking of Twitter’s quest to release a report about its compliance with governmental national security surveillance of its users.

  • March 05, 2021

    British Man Says Ad Firm’s Cookies Collect Personal Data In Violation Of GDPR

    OAKLAND, Calif. — A resident of London filed a class complaint on behalf of United Kingdom residents against a U.S. advertising company in California federal court on March 3, alleging violations of the European Union’s General Data Protection Regulation (GDPR) via the firm’s use of cookies and other data-sharing tools without abiding by the statute’s transparency, consent and other requirements.

  • March 04, 2021

    Google Balks At Preserving User Data Logs In Chrome Data-Sharing Privacy Suit

    SAN JOSE, Calif. — On March 1, Google LLC filed a reply supporting its motion for a protective order to excuse it from a “blunderbuss preservation demand” made by the plaintiffs in a putative class action over purported privacy violations connected to Google’s Chrome web browser, telling a California federal court that requiring it to retain all Chrome user data logs would be unduly burdensome and costly.

  • March 03, 2021

    Class Suit Over Yearbook Photos On Ancestry.com Dismissed For No Standing

    SAN FRANCISCO — Two California residents who filed a putative class complaint against the companies that operate Ancestry.com for the inclusion of their yearbook photos and information on the website’s database failed to show that they have standing under Article III of the U.S. Constitution, a federal magistrate judge in California ruled March 1, alternatively finding that the defendants are immune from liability under the Communications Decency Act (CDA) and giving the plaintiffs 21 days to file an amended complaint with a blackline of the changes.

  • March 03, 2021

    HomeAway Awarded Attorney Fees, Costs In Suit Over New York Data Collection Law

    NEW YORK — Home-sharing platform operator HomeAway.com Inc. on March 1 was declared the prevailing party in its dismissed lawsuit challenging a New York City ordinance that would have required the submission of a “breathtaking” amount of customer information, with a New York federal judge finding that the law’s revision demonstrated the plaintiff’s success, meriting an award of costs and attorney fees.

  • March 02, 2021

    Illinois Supreme Court To Hear Insurer’s Appeal Of Biometric Data Coverage Dispute

    SPRINGFIELD, Ill. — The Illinois Supreme Court will begin hearing oral arguments on March 10 as to whether an insurer has a duty to defend against claims that its insured violated the Biometric Information Privacy Act.

  • March 02, 2021

    ‘Landmark’ $650 Million Facebook Biometric Suit Settlement Gets Final Approval

    SAN FRANCISCO — Six months after preliminarily approving a $650 million settlement of a class action over Facebook Inc.’s use of facial scans in the photo-tagging feature on its social media platform, a California federal judge on Feb. 26 granted final approval, lauding the “landmark result” that “will put at least $345 into the hands of every class member interested in being compensated.”

  • March 01, 2021

    Judge:  Insured Did Not Hold Stolen Funds, No Commercial Crime Coverage Triggered

    DALLAS — A federal judge in Texas on Feb. 24 held that an insured is not entitled to commercial crime insurance coverage for the loss of its clients' funds that were diverted through a phishing scheme, granting the primary and excess insurers’ motions for summary judgment in the insured’s lawsuit seeking to recoup $6.02 million.

  • February 26, 2021

    Plaintiffs Announce $92 Million Settlement In TikTok Privacy MDL

    CHICAGO — In what they tout as “rank[ing] among the nation’s highest privacy-related settlements,” a consolidated group of users of the TikTok app filed a notice in Illinois federal court on Feb. 25 announcing that they had reached an agreement to settle their privacy class claims against TikTok Inc. for $92 million and seeking preliminary approval of the deal.

  • February 24, 2021

    Zoom Must Produce Documents Related To Encryption In Consolidated Privacy Suit

    SAN JOSE, Calif. — In the latest in a series of discovery rulings related to requests for production (RFPs) served upon Zoom Video Communications Inc. by users of its cyber-meeting platform, a California federal magistrate judge on Feb. 23 partly ruled in favor of Zoom, deeming documents related to certain third-party apps to not be relevant to claims over purported data sharing and hacking incidents.

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