Consumer data privacy appears to be on the minds of legislators in Arizona this session. As previously mentioned, House Concurrent Resolution 2013 was introduced in Arizona on Jan. 10, 2020, by five Republicans and one Democrat declaring: That the Members of the Legislature oppose the enactment of laws, the adoption of regulations or the imposition of out-of-state standards that would restrict or otherwise dictate standards related to consumer data privacy, absent a clear nexus with consumer harm. That the Members of the Legislature believe a single federal standard for comprehensive consumer data privacy regulation is preferable to a state-by-state approach. Not…
Posts tagged as “IT & Data Protection”
The California Court of Appeal, Fourth District, recently reversed summary judgment awarded in favor of the defendant based on violations of the California Invasion of Privacy Act, which prohibits the recording of confidential communications without the knowledge or consent of the other party, and the intentional recording of communications using a cellular or cordless telephone. In so ruling, the Appellate Court held that the defendant could not establish that it lacked the requisite intent to violate the Privacy Act, because the defendant’s full-time “always on” recording system recorded all calls on the company phones regardless of whether the calls were…
The U.S. Court of Appeals for the Eleventh Circuit recently affirmed a trial court’s award of $2,500 in statutory damages to a plaintiff whose private information was improperly viewed by a sheriff’s deputy who had a romantic relationship with the plaintiff’s ex-husband in violation of the federal Driver’s Privacy Protection Act (DPPA), holding that the statute did not provide for cumulative damages of $2,500 per violation. In so ruling, the Court reversed the trial court’s award of only 10 percent of the amount of attorney’s fees requested by the plaintiff’s counsel. The trial court limited the attorney fee award because…
The U.S. Court of Appeals for the Second Circuit recently affirmed the dismissal of a “data breach” lawsuit against a retailer, holding that the plaintiff lacked standing for failure to allege a cognizable injury. A copy of the opinion in Whalen v. Michaels Stores, Inc. is available at: Link to Opinion. The plaintiff made credit card purchases at a retail store and, two weeks later, her credit card information was fraudulently presented to make purchases in a foreign country. The plaintiff immediately cancelled her credit card and the fraudulent charges were not incurred on the card, nor was she liable for…