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European Data Protection Roundup – August

Debevoise Data Blog

The court also struck out the claimant’s negligence claim on the grounds that: (i) case law has established that negligence cannot be pleaded alongside Data Protection Act claims; and (ii) “distress” does not constitute damage, as required for a successful negligence claim. Deliveroo fined €2.5

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Court of Justice of the EU Clarifies Rules on the Production of Evidence Containing Personal Data in Civil Litigation

Inside Privacy

On January 11, 2023, the Italian Garante decided that the production in civil law proceedings of a former consultant’s email communications was unlawful under data protection law. If you have any questions about the interaction between data protection and local laws we are happy to assist.

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A Guide for Law Firms: Optimizing Legal Outcomes with Advanced eDiscovery Techniques  

Lineal Services

Working with eDiscovery vendors who use open and defended techniques is crucial for law firms to allay these worries. Advanced eDiscovery Tools for Complex Litigation Complex litigation is being handled very differently by legal firms because of advanced eDiscovery techniques.

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Fourth Circuit Decision Highlights Class Action Waivers for Data Breaches are Alive and Well

Technology Law Dispatch

The Fourth Circuit made clear that trial courts must consider the import of class-action waivers signed by putative class members before certifying class actions against a Defendant. According to the Fourth Circuit, this “error affect[ed] the whole of the certification order.”

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The Challenges That AI Poses for Data Minimization

Debevoise Data Blog

Regulatory Requirements to Get Rid of Old Data Data-minimization laws generally provide that nonpublic data should be kept until it is no longer needed either for legitimate business purposes or legal reasons, such as a pending litigation or a regulatory requirement. Anonymizing Data after One Year.

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Face Forward: Strategies for Complying with Facial Recognition Laws

Debevoise Data Blog

BIPA also requires companies to “store, transmit, and protect” biometric identifiers using a “reasonable” degree of care “that is the same as or more protective than” the way the company stores other confidential and sensitive information. 2019 IL 123186, 129 N.E.3d million settlement. million settlement. See, e.g., Miracle-Pond v.

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Face Forward Part 2: Proposed Legislation and Strategies for Compliant Use of Facial Recognition

Debevoise Data Blog

Given its similarity to Illinois’s (BIPA), if the New York BPA is enacted, it would likely make New York home to a flurry of class action litigation. Preparing to defend class actions. Unlike the Washington law, the proposed Massachusetts and New York bills contain no safe harbors for security uses.