Publication

Privacy & Cybersecurity Newsletter

Fall 2020

Locke Lord's Privacy & Cybersecurity Newsletter provides topical snapshots of recent developments in the fast-changing world of privacy, data protection, and cyber risk management. For further information on any of the subjects covered in the newsletter, please contact one of the members of our privacy and cybersecurity team.

In This Issue

CRPA/CCPA

California Privacy Developments: The CRPA
Having set a new standard for privacy in the United States with the California Consumer Privacy Act of 2018 (the “CCPA”), California has again raised the bar for consumer privacy with the California Privacy Rights Act (the “CPRA”), which was passed by referendum on November 3, 2020. read more

The Murky Waters of the CCPA’s Private Right of Action: Real and Perceived Ambiguities Complicating Litigation
The California Consumer Privacy Act (“CCPA”) gives individuals the right to seek statutory damages against a business in limited circumstances involving the CCPA’s reasonable security obligation. read more

GDPR

We’ll Take More Care of You – British Airways Fined £20 Million for Insecure Customer Data
On 16 October, the Information Commissioner’s Office (ICO) fined British Airways plc (BA) a UK record £20 million for breaching the GDPR. read more

Protecting Personal Data in a Pandemic: GDPR Meets COVID-19 - Part 2
The Covid-19 pandemic brings a sharp focus to the difficult balance that GDPR strikes between the rights of individuals and society as a whole. read more

Schrems II: Radical Changes in the Landscape for International Data Transfer
In July, the EU Court of Justice made a landmark decision on the international transfer of personal data in a case called Schrems IIread more

Litigation

When Half a Billion Dollars is Not Enough: What the Facebook Settlement Can Teach Us
On July 23, 2020, the U.S. District Court for the Northern District of California signaled that a $650 million settlement of claims against Facebook, Inc. for alleged violations of the Illinois Biometric Information Privacy Act (“BIPA”) would likely be approved. read more

WTF?! – Wire Transfer Fraud Litigation
Threat actors have recently and significantly increased efforts to defraud organizations and individuals through business email compromise (BEC). read more

Eleventh Circuit Reaches Back 135 Years to Reject Incentive Awards for Lead Plaintiffs in Class Actions
In Johnson v. NPAS Solutions, LLC, No. 18-12344, 2020 WL 5553312 (11th Cir. Sept. 17, 2020), the Eleventh Circuit Court of Appeals upended what has become common practice in class action settlement by ruling that “incentive” awards to named plaintiffs are unlawful under two Supreme Court cases from the 1880s. read more

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