Interactive Counsel

Arent Fox's interactive media law blog - latest news and trends in advertising, data security & privacy, and IP.

Interactive Counsel

Blog Posts by Donna McPartland

Privacy & Security
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ECJ Rules Exam Responses, But Not Questions, Score As Personal Data

In a recent European Court of Justice Ruling, the court held that a test taker’s answers and an examiner’s comments with regard to those answers are personal data, while valuable proprietary test questions are not.

Background

On December 20, 2017, in the case of Peter Nowak v. the Data Protection Commissioner, the ECJ handed down its decision regarding whether or not test responses from a candidate taking a professional examination are personal information under the EU 95/46/EC Directive on the protection of individuals with regard to the processing of personal data and on the free movement of such data. This case was referred to the ECJ by the Supreme Court of Ireland and the ECJ was asked to provide a preliminary ruling on the following:

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Privacy & Security
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SEC Enforcement Division Creates Cyber Unit to Pursue Data Security Cases

Last month, the SEC announced the creation of a new “Cyber Unit” within the Enforcement Division to target misconduct related to cybersecurity. The unit is being created in conjunction with internal SEC initiatives to strengthen cybersecurity in the wake of the agency’s infamous data breach last year.
 

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Privacy & Security
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Shutterfly Biometric Privacy Face Off Gets Go-Ahead

The latest question in privacy law is not what’s in a name (or IP address, PHI, TV viewing activity, etc.), but what’s on a face. Consumers are becoming increasingly concerned with how companies are using their biometric information such as facial, fingerprint, and iris information. In one closely watched case, photo sharing website Shutterfly faces allegations that it violated consumer privacy by collecting facial scans without consent.

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