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As rapid technological changes in the 21st century continue to expand the types and volume of private electronic information, the Fourth Amendment's privacy protections are evolving. The critical question in Fourth Amendment cases is whether a person has a “reasonable expectation of privacy in the information or event.”
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<b><I>Building an Intelligence-Led Program</b></i><p>With reports of major breaches surfacing with alarming frequency, boards and C-Level management are now looking to counsel to implement programs that help the corporation prepare for, quickly recover and reduce fallout from, inevitable cyber incidents. In-house counsel is facing growing responsibility to minimize damage to the corporate reputation, loss of key data, and legal and regulatory penalties. And many worry their organization is stuck in a game of catch-up.
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If the U.S. cannot come to an understanding with the European Parliament by September 1, companies that already participate in Privacy Shield may find themselves in limbo. But there are options.
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The ruling restricting the collection of historical cell site location information (CSLI) without a warrant aims to be narrow in scope, but legal experts argue it may have repercussions for years to come.
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The confusing and conflicting world of contractual requirements and personal data security breach notification laws can add insult and expense to injury, and sometimes adds injury itself. Tough -- and sometimes expensive -- choices need to be made quickly.
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<b><i>Part Two of a Two-Part Article</b></i><p>Professionals in e-discovery and privacy, including lawyers, are hungry for growth opportunities and may be ripe to transition into certain security-centric positions; however, the security job landscape is far more expansive and far less commoditized than ESI or privacy — for now. Part Two provides a road map for how certifications can assist an individual or an organization in reinventing, repurposing, creating or maintaining cybersecurity talents.
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<b><i>A Q&A with Penn Law Prof. Anne Toomey McKenna</b></i><p>The newly appointed Penn State professor sees a lot of room for questions in the evolving cyber law landscape, but so far there are few answers.
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<i><b>Oft-Considered an Avenue for Individuals to Attain Greater Control over Their Digital Information, Blockchain Could Be Leveraged By Facebook to Change Its Status As “Gatekeeper” for User Data</i></b><p>Facebook Inc. recently announced that it will begin exploring different ways to incorporate blockchain into its infrastructure. Yet, questions remain over how the social media company will implement the technology and what sort of legal challenges doing so could portend.
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U.S. laws require companies to retain records for years, and sometimes forever, and violating U.S. records retention laws can result in domestic fines and penalties. How can U.S. companies comply with the GDPR's “right to erasure” while still fulfilling their U.S. records retention obligations?
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<b><i>The race is on to develop the best technology for autonomous vehicles, but there are also drives to increase regulation around the data these cars and trucks collect.</b></i><p>Clearly, it's an exciting time to be in the autonomous car industry, and the race is on to develop the best tech first. But with an increasingly complex legal landscape, lawyers need to focus on compliance with evolving data privacy regulations.