Jan.-Feb. 2012 Quick Links, Part 6 (Privacy and more)
By Eric Goldman Privacy It was a really busy two months for privacy, and I’m sorry I didn’t get to grok a number of these developments in more detail! * State AGs are unhappy with Google’s privacy integration of its…
Facebook and Zynga Privacy Litigation Dismissed With Prejudice [Catch up Post]
[Post by Venkat Balasubramani] In re Facebook Privacy Litigation, 10-02389 (N.D. Cal.; Nov. 22, 2011) In re Zynga Privacy Litigation, 10-04680 (N.D. Cal.; Nov. 22, 2011) These decisions are several months old, but they remain worth mentioning despite the fact…
Healthcare Data Breach Victims’ Lawsuit Tossed When They Can’t Show Harm–Paul v. Providence
By Eric Goldman Paul v. Providence Health Systems–Oregon, SC S059131 (Ore. Sup. Ct. Feb. 24, 2012) A Providence employee left disks/tapes containing records for 365,000 patients in his/her car, and they were stolen. The opinion implicitly assumes that the data…
Reidentification Theory Doesn’t Save Privacy Lawsuit–Steinberg v. CVS Caremark
By Eric Goldman Steinberg v. CVS Caremark Corp., 2012 WL 507807 (E.D. Pa. Feb. 16, 2012) CVS Caremark provided consumer data to pharma companies and data brokers. The plaintiffs alleged that the data transfers violated CVS’s privacy policies, but CVS…
RadioShack May Be Liable for Accessing Images from Recycled Customer Cellphone — Steele v. RadioShack
[Post by Venkat Balasubramani] Steele v. RadioShack Corp., 11-14021 (E.D. Mich.; Feb. 3, 2012) Steele bought a new phone at RadioShack, after which a RadioShack employee transferred the data from Steele’s old phone to his new one. Steele also left…
Courts Continue to Grapple with Discovery Disputes Around Social Networking Evidence
[Post by Venkat Balasubramani] Tompkins v. Detroit Metro Airport, 10-10413 (E.D. Mich.; Jan. 18, 2012) This is a slip and fall case where the plaintiff alleges that injuries she suffered at Detroit’s Metro airport affected her quality of life and…
Facebook Gets Decisive Win Against Pseudo-Competitor Power Ventures — Facebook v. Power Ventures
[Post by Venkat Balasubramani, with comments from Eric] Facebook, Inc. v. Power Ventures, Inc., et al., C 08-05780 JW (N.D. Cal.; Feb. 16, 2012) The long-running dispute between Facebook and Power Ventures came to a close last week, with Judge…
Another Data Loss Case Tossed on Article III Grounds–Whitaker v. Health Net
[Post by Venkat Balasubramani] Whitaker v. Health Net of California, Inc., Civ S-11-0910 KHM-DAD (E.D. Cal.; Jan. 19, 2012) This is another data breach class action. Plaintiffs tried to squeeze their claims through a narrow opening left by Ninth Circuit…