Can GPS be used to track your movements, without a warrant? That depends…

The 4th Amendment implications of location-based data have been a topic of active discussion, prompted in part by two recent federal Circuit Court rulings, and to a lesser degree by some outspoken opinions made both in…

Congressionally legislated privacy may not consider benefits of information sharing

With the addition of yet another privacy bill to the slate of draft legislation pending in Congress, this time in the Senate in the form of the Data Security and Breach Notification Act of 2010 (S….

Major cloud computing privacy legal issues remain unresolved

From a legal standpoint, it appears that while many opinions exist on how privacy can be protected in the cloud, who should ultimately be responsible for that protection, and how law enforcement agencies and other government entities should treat cloud environments, there are more unresolved issues than there are settled ones.

Proposed SEC rule on asset-backed securities calls for troubling amount of personal information disclosure

In the continuing aftermath of the financial industry meltdown and the contribution to that failure of insufficient oversight of large portions of the securities markets, the Securities and Exchange Commission has proposed significant changes to its…

Court rules that continuous GPS monitoring infringes on reasonable expectations of privacy

The U.S. Circuit Court for the District of Columbia offered some new judicial insight into reasonable expectations of privacy when it issued a ruling this month overturning the conviction of an alleged drug trafficker because the…

Airline use of personal data on passengers likely not constrained by Privacy Act

A recent article on potentially troubling privacy practices by U.S. airlines posted on The Washington Post online highlights (unfortunately somewhat erroneously) some of the key differences in rules about personal data collection and use that apply…

Significant work remains to produce standards and rules on accounting of disclosures for PHI

The Health Information Technology for Economic and Clinical Health (HITECH) Act passed as part of the Recovery Act in February 2009 included a variety of revisions included to requirements already in effect under the HIPAA Security…