Blog Archives

Privacy Primer: Family Educational Rights and Privacy Act (FERPA)

FERPA is a U.S. law, passed in 1974, that protects the privacy of student educational records.  FERPA applies to all schools, from elementary schools to postsecondary education institutions, that receive federal funds under a program of the U.S. Department of

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Posted in Privacy

Ninth Circuit Finds Article III Standing For Procedural Violation Of Biometric Privacy Law

The Ninth Circuit Court of Appeals has written the latest chapter of the ongoing saga of Article III standing for violations of the Illinois Biometric Information Privacy Act (“BIPA”).  BIPA requires, among other things, that before collecting a person’s biometric

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Posted in Data Security, Privacy

Pennsylvania County Faces Up To $67 Million In Damages For Distribution Of Criminal Record Information

A suburban Philadelphia county is facing a judgment of up to $67 million after a Pennsylvania federal jury found that it violated the Pennsylvania Criminal History Record Information Act. Pennsylvania’s Criminal History Record Information Act (“CHRIA”) governs the dissemination of

Posted in Privacy

5 Ways in Which Your Company’s Privacy Policy is Insufficient

Well thought-out internal privacy policies and procedures are an essential part of any company’s information management program.  These internal policies should not be confused with a company’s external privacy notice, which informs the company’s customers as to how it may

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Posted in Policies and Procedures, Privacy

U.S. Supreme Court Refuses to Search Google Settlement Agreement for Fairness

The U.S. Supreme Court on Wednesday remanded a class action against Google so that the lower courts could determine whether any of the named plaintiffs have standing under Spokeo, Inc. v. Robbins. The underlying suit alleged violations of the Stored

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Posted in Litigation, Privacy

Third Circuit Affirms Dismissal of FACTA Suit on Standing Grounds

A three-judge panel of the Third Circuit recently affirmed a district court ruling that dismissed a suit for violation of the Fair and Accurate Credit Transaction Act of 2003 (FACTA) for lack of Article III standing.  The plaintiff, Ahmed Kamal,

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Posted in Litigation, Privacy, Regulations

Congress Holds Hearings on Privacy and Data Protection

With all of the hubbub swirling around Capitol Hill last week with the Michael Cohen hearings, you can’t be blamed if you missed the fact that two important congressional hearings on privacy and data protection took place as well, one

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Posted in Data Security, Legislation, Privacy

FTC Announces Record Settlement for Children’s Privacy Violations

On February 27, the FTC announced that the operators of the video social networking application Musical.ly, now known as TikTok, agreed to pay $5.7 million to settle allegations that it violated the Children’s Online Privacy Protection Act (COPPA). According to the

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Posted in FTC, Privacy, Regulations, Social Media

Is it Time to Rethink Notice and Choice as a Fair Information Privacy Practice?

Since the 1970’s, fair information practices (FIPs) or fair information privacy practices (FIPPs) have formed the framework around which organizations structure their policies on data collection, use, disclosure, and retention.  The cornerstone of individual privacy rights under the FIPs is

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Posted in Privacy, Standards

Privacy Primer: The Children’s Online Privacy Protection Act (COPPA)

COPPA is a U.S. law enacted by Congress in 1998 to address concerns regarding the online collection and disclosure of children’s personal information. Children (defined by COPPA as individuals under the age of 13) may not appreciate the significance of

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Posted in Legislation, Privacy, Regulations
About Cyber Law Monitor
In the new digital world, individuals and businesses are almost entirely dependent on computer technology and electronic communications to function on a daily basis. Although the power of modern technology is a source of opportunity and inspiration—it also poses huge challenges, from protecting privacy and securing proprietary data to adhering to fast-changing statutory and regulatory requirements. The Cyber Law Monitor blog covers privacy, data security, technology, and cyber space. It tracks major legal and policy developments and provides analysis of current events.
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