Last week, the High Court of Ireland submitted eleven questions to the Court of Justice for the European Union (CJEU) to consider about the personal data transfer regime between the European Union (EU) and the United States. This referral stems from a new claim by Max Schrems, an Austrian lawyer and privacy activist. Schrems previously
Improper Data Sharing With Cambridge Analytica May Affect 87 Million Facebook Users
Facebook reports that the personal data of 87 million Facebook users, mostly located in the United States, “may have been improperly shared” with British data analytics firm Cambridge Analytica. Previous estimates put the possible scope of improper sharing at about 50 million users. The increased number was calculated by Facebook by totaling the friends of
Government and Microsoft In Agreement that Pending Case Mooted by CLOUD Act
On March 30, 2018, Solicitor General Noel J. Francisco filed a motion with the U.S. Supreme Court in United States v. Microsoft Corporation that seeks to vacate the judgment of the U.S. Court of Appeals for the Second Circuit in the case (which held in favor of Microsoft) and to remand the case with directions
Congress Enacts CLOUD Act within Omnibus Spending Bill to Address Overseas Storage of Electronic Data, Potentially Mooting Supreme Court’s Pending Microsoft Case
On March 23, 2018, the President signed into law the Consolidated Appropriations Act of 2018 (H.R. 1625), an omnibus spending bill that includes the Clarifying Lawful Overseas Use of Data Act (the CLOUD Act). Among other provisions, the CLOUD Act amends the Stored Communications Act of 1986 (18 U.S.C. §§ 2701-2712, hereinafter the
Facebook and the English Data Firm Cambridge Analytica (CA) Face Intense Scrutiny for Possible Misuse of Facebook User Data
Facebook and the English data analytics firm Cambridge Analytica (CA) are facing intense scrutiny in response to numerous reports about the possible misuse of data of 50 million Facebook accounts. The data was originally collected through a third party personality test app and later reportedly improperly transferred to CA and/or its parent company Strategic Communications
U.S. Citizen Sues Cambridge Analytica in U.K. Courts for Violations Under U.K. Data Protection Act
On March 16, David Carroll, a New York based American professor sued Cambridge Analytica (CA) in the U.K. courts, after the data analytics firm allegedly failed to respond to his request made pursuant to the U.K. Data Protection Act for his file of personal data held by CA, CA’s purpose for processing his data, and
Spectre And Meltdown Vulnerabilities Affect Processors In Wide Range of Computing Devices
This week, the world learned of widespread and serious vulnerabilities in most central processing units (CPU). CPUs manage the instructions received from the hardware and software running on a computer. The vulnerabilities, named Meltdown and Spectre, affect virtually every computer existing today, in particular those with Intel, Advanced Micro Devices, Inc. (AMD), Nvidia and Arm
Big Data and Antitrust: Rethinking Competition Law in the Data Economy
As we approach calendar year end, traditionally the busiest period of the year for mergers and acquisitions, it is worth revisiting whether our existing competition law framework can and does properly assess the market power of big data.
This spring, The Economist magazine joined the ranks of some antitrust regulators, particularly from the EU, in
Supreme Court to Hear Microsoft Emails Case
In an order issued on October 16, 2017, the U.S. Supreme Court granted certiorari in United States v. Microsoft Corporation, a case with potentially far-reaching implications for the privacy of electronic data maintained by technology companies across the globe.
The case, which Robinson+Cole has previously discussed here, here, and here, arises from a warrant obtained by the Department of Justice (DOJ) under the Stored Communications Act (SCA).[1] The SCA was enacted in 1986 to protect the privacy of electronic communications, including by extending privacy protections to electronic records analogous to those afforded under the Fourth Amendment to the U.S. Constitution.[2] In relevant part, the SCA requires a governmental entity in most instances to secure a warrant in accordance with the Federal Rules of Criminal Procedure to compel disclosure of electronic communications stored by a service provider.[3]
Continue Reading Supreme Court to Hear Microsoft Emails Case
EU-Japan’s Major Trade Pact Includes Agreement to Review Restrictions on Personal Data Flows Between The European Union and Japan
Japan and the European Union announced an agreement in principle on major components of a substantial free trade deal on the eve of the recent G20 summit in Hamburg. This free trade deal rivals NAFTA in scope and impact, as it will impact 40 percent of the world’s trade. Once finalized, this free trade pact