Emily R. Fedeles

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Advocate General Opinion Supports Limiting the “Right to be Forgotten” to the EU

Photo of Nichole SterlingBy Laura E. Jehl, Emily R. Fedeles and Nichole Sterling on Posted in GDPR, International Privacy Law
On January 10, Advocate General Maciej Szpunar released an opinion recommending that Google and other search engines should not be forced to apply the EU’s “right to be forgotten” beyond the EU.  The advocates general assist the judges of the Court of Justice of the European Union (CJEU), providing independent legal solutions to issues presented … Continue Reading

Privacy Shield Update: Commission Report, Ombudsperson Deadline, Brexit Guidance

Photo of Melinda L. McLellanBy Melinda L. McLellan, Emily R. Fedeles and Kyle R. Fath on Posted in EU-U.S. Privacy Shield Framework, International Privacy Law, Online Privacy, Privacy Litigation
The end of 2018 saw heightened activity surrounding the EU-U.S. Privacy Shield Framework.  This blog post provides a news roundup on the following developments: • The European Commission’s (the “Commission”) December 19th report (the “Report”) summarizing the second annual joint review that was held in October 2018. • The Report’s February 28, 2019 deadline for … Continue Reading

European Court Provides Further Clarity on Employee Monitoring

Photo of Nichole SterlingBy Emily R. Fedeles and Nichole Sterling on Posted in International Privacy Law, Workplace Privacy
The September 5, 2017, decision of the Grand Chamber of the European Court of Human Rights (ECHR) in Bărbulescu v Romania (Bărbulescu) has interrupted a recent trend toward limiting privacy in the European workplace. The Bărbulescu decision held that a Romanian employee’s legally protected right to privacy was violated when his employer monitored personal messages … Continue Reading

Privacy Shield Update: Ahead of First Joint Review, Europeans Remain Skeptical as FTC Announces Enforcement Actions

Photo of Melinda L. McLellanBy Melinda L. McLellan and Emily R. Fedeles on Posted in Enforcement, International Privacy Law
On September 8, 2017, the Federal Trade Commission (FTC) announced enforcement actions against three companies alleged to have falsely claimed participation in the EU-U.S. Privacy Shield Framework. The move follows several months of uncertainty surrounding the Framework’s future as EU officials and privacy advocates have questioned its efficacy and validity in the run-up to the … Continue Reading

Deeper Dive: Security Incident Notification Under the New EU General Data Protection Regulation (GDPR)

Photo of Melinda L. McLellanPhoto of James A. ShererBy Melinda L. McLellan, James A. Sherer and Emily R. Fedeles on Posted in Cybersecurity, Data Breaches, Enforcement, International Privacy Law
As noted in the 2017 BakerHostetler Data Security Incident Response Report, the enactment of the EU General Data Protection Regulation (GDPR) represents the most significant change in European data protection law in more than 20 years. Coming into effect on May 25, 2018, the GDPR focuses on a number of core data protection principles and … Continue Reading

Australia’s New Breach Notification Law Set to Take Effect February 2018

Photo of Melinda L. McLellanBy Melinda L. McLellan and Emily R. Fedeles on Posted in Breach Notification, Data Breach Notification Laws, Data Breaches, International Privacy Law
On February 13, 2017, the Australian Senate passed a bill establishing a mandatory requirement to notify the Privacy Commissioner and affected individuals of “eligible” data breaches. The Privacy Amendment (Notifiable Data Breaches) Act 2016, which was passed by the House of Representatives the previous week, amends Australia’s Privacy Act 1988 and is slated to take … Continue Reading

Swiss-U.S. Privacy Shield Framework to Launch April 12

Photo of Melinda L. McLellanBy Melinda L. McLellan and Emily R. Fedeles on Posted in International Privacy Law
On January 11, 2017, the U.S. Department of Commerce, the Swiss Federal Council and the Swiss Federal Data Protection and Information Commissioner (FDPIC) issued press releases announcing that an agreement has been reached on a new cross-border data transfer mechanism, the Swiss-U.S. Privacy Shield Framework (the Swiss Privacy Shield). The Swiss Privacy Shield replaces its … Continue Reading

Privacy Rights Group Files First Legal Challenge to EU-U.S. Privacy Shield

Photo of Melinda L. McLellanBy Melinda L. McLellan and Emily R. Fedeles on Posted in International Privacy Law
Digital Rights Ireland, an Irish privacy advocacy group, has filed the first legal challenge to the EU-U.S. Privacy Shield, the Trans-Atlantic agreement reached earlier this year to permit the lawful transfer of personal data from the European Union to the United States. The Privacy Shield was formally adopted on July 12, 2016, by the European … Continue Reading
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