Privacy is Much More than a Fundamental Right.

Privacy is not just a fundamental right.  Fundamental rights in the United States are natural law derivatives anointed by the Supreme Court as deserving of the highest level of protection from government intrusion.  But the government isn’t the only one intruding here.  Businesses are tracking everything we do online.  Privacy rights do not extend to most of our online …

COVID-19 Surveillance and Biometrics

Privacy is a judicially created doctrine that expanded with the Digital Age.  For the last twenty years, privacy has come under attack from both security and safety issues alike.  Now comes COVID-19 to the table.  And it’s a game changer for privacy.  COVID-19 may fundamentally change privacy law.  Once again we are asked as a …

Working Remote Without Privacy Violations

COVID-19 revolutionized the need for remote work by employees.  And the trend toward working remote likely will continue after the outbreak is a distant memory. However, the privacy and cybersecurity implications surrounding these remote workers are often either unknown and/or ignored.  So now what?  With more of your employees working off-site, how do you protect …

Why the CCPA Should Be DOA.

America (not just California) is bracing for the first enforcement action under the California Consumer Privacy Act  (“CCPA”) on July 1, 2020 (at the latest).  The CCPA of 2018 went into effect on January 1, 2020 and affects businesses across the nation.  It was born as a stopgap measure to forestall a more stringent referendum …

Could the EU’s General Data Protection Regulation (GDPR) work in the United States?

In July 2019 the EDPB promulgated guidelines for interpreting the GDPR with regard to video data. These guidelines contain the normal GDPR balancing test. As with all data collection within the GDPR’s purview, there must be an important and documented reason (compelling reason) to gather the data (in this case video feeds and still camera …