Tag: Data Privacy

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Johnson v. Duxbury (First Circuit Court of Appeals, 2019)
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In The Matter of the Search of A White Google Pixel 3 XL Cellphone in a Black Incipio Case (District of Idaho, 2019)
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Bass v. Facebook, Inc., No. 18-cv-05982 (N.D. Cal., 2019)
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Kizer et al v. Starr Indemnity and Liability Co et al (W.D. Okla., 2019)
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Jenkins v. Sullivan, et al. (S.D. Ohio, 2019)
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Commonwealth v. Jones, SJC-12564 (Mass. Mar. 6, 2019)
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Finjan, Inc. v. Zscaler, Inc. (N.D. California, 2019)
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Vasquez-Santos V. Mathew (N.Y. App. Div. , 2019)
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Facebook, Inc. v. Wint (D.C. App. , 2019)
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Nuvasive, Inc. v. Alphatec Holdings, Inc. et al (S.D. Cal., 2018)

Johnson v. Duxbury (First Circuit Court of Appeals, 2019)

Key Insight: Individuals do not have reasonable expectations of privacy of phone service provider’s records of phone numbers

Nature of Case: Fourth Amendment search and seizure

Electronic Data Involved: Cell and home phone records

Keywords: Fourth Amendment, Duxbury, DPD, murder, normal format,

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In The Matter of the Search of A White Google Pixel 3 XL Cellphone in a Black Incipio Case (District of Idaho, 2019)

Key Insight: whether a serach warrant can require someone to be forced to unlock a phone with their finger

Nature of Case: search warrant, violation of 5th amendment

Electronic Data Involved: forensic search of a cell phone that is locked with a fingerprint

Keywords: cellphone, fingerprint scanner, 5th amendment rights

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Bass v. Facebook, Inc., No. 18-cv-05982 (N.D. Cal., 2019)

Key Insight: A contract clause limiting liability for data breaches caused by third parties is not unconscionable. However, this clause does not bar negligence claims for failing to comply with minimum data-security standards.

Nature of Case: data-breach class action

Electronic Data Involved: customer personal data

Keywords: data security, personal data, breach, unconscionable

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Kizer et al v. Starr Indemnity and Liability Co et al (W.D. Okla., 2019)

Key Insight: relevant to see if distracted driving but three days worth disproportionate

Nature of Case: personal injury

Electronic Data Involved: cell phone records

Keywords: truck driver’s cell phone activity to see if distracted

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Commonwealth v. Jones, SJC-12564 (Mass. Mar. 6, 2019)

Key Insight: Whether compelling the defendant to enter his cell phone password would violate his privilege against self incrimination under 5th Amendment and art. 12 of Mass Declaration of Rights

Nature of Case: Trafficking a person for sexual servitude

Electronic Data Involved: data held on cell phone

Keywords: Cell phone password, 5th Amendment

Identified State Rule(s): Mass. art. 12.

Identified Federal Rule(s): 5th Amendment

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Finjan, Inc. v. Zscaler, Inc. (N.D. California, 2019)

Key Insight: European privacy requirements preclude the production of personal data but a foreign country’s statute does nto deprive an American court the power to order production .

Nature of Case: Patent Infringement

Electronic Data Involved: Emails from a single individual

Keywords: international privacy statute, personal data,

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Vasquez-Santos V. Mathew (N.Y. App. Div. , 2019)

Key Insight: whether social media photos or videos where the party is tagged can be discoverable with limitations

Nature of Case: Personal injury

Electronic Data Involved: social media photographs, social media private access

Keywords: tagged, social media access, alleged restriction or disability, photo, basketball, car accident

Facebook, Inc. v. Wint (D.C. App. , 2019)

Key Insight: Stored Communications Act precludes Facebook from complying with a subpoena that requested contents of communications on the social media platform

Nature of Case: Criminal appeal, Murder

Electronic Data Involved: Social media accounts

Keywords: social media, facebook, SCA, subpoena, Criminal, serious constitutional doubt

Nuvasive, Inc. v. Alphatec Holdings, Inc. et al (S.D. Cal., 2018)

Key Insight: Objection to RFP unreasonable on basis that opposing party failed to provide search terms since each party has independent obligation to produce relevant documents but noted failure to participate

Nature of Case: Patent infringement

Electronic Data Involved: emails and business records

Keywords: search terms

View Case Opinion

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