Topic: Privacy

You’re Uninvited: Managing Unauthorized Third Party Access

By Jeff Pettit (US) on October 26, 2016 Posted in General, Privacy

Most people would not bring along a group of uninvited strangers to a dinner party or, even worse, a wedding. Society has certain expectations around attendance, guest lists, RSVPs, and the like. And yet, in the digital realm, these social norms may not have the same effect. What can be done about digital party crashers? … Continue reading

Germany orders Facebook to stop collecting WhatsApp user data

By Sven Jacobs (DE) on October 25, 2016 Posted in Privacy

The Hamburg Commissioner for Data Protection and Freedom of Information (Hamburg DPA) recently issued an administrative order prohibiting Facebook from collecting and storing user data of German WhatsApp users. The Hamburg DPA also ordered Facebook to also delete all data that has already been forwarded to Facebook by WhatsApp.… Continue reading

Production of Social Media Documents Denied

By Brian Chau (CA) on July 22, 2016 Posted in Litigation, Privacy

How safe is information is hidden behind an individual’s privacy settings? Can I assume that my interest in privacy ensures that anything marked “private,” or “shared only with my friends” remains so, even in the face of a production order in Canada?… Continue reading

German competition authorities initiate proceeding against Facebook

By Sven Jacobs (DE) on May 19, 2016 Posted in Privacy

Facebook became the latest American technology company to face antitrust hurdles in Europe after the German Federal Cartel Office (Bundeskartellamt), a competition authority, opened an investigation into whether Facebook Inc., USA, Facebook Ireland Limited and Facebook Germany GmbH abused their alleged dominant position in social networking by violating data protection laws. Accordingly, unlike other proceedings … Continue reading

Internet’s ‘Hide and Seek’ Battle Continues in Canada

By Daniel Daniele (CA) on May 18, 2016 Posted in Copyright, Litigation, Privacy

The anonymity of the Internet has posed many challenges to the protection of intellectual property rights. The sheer size of the population of online users and the millions of file-sharing programs and other social media outlets that exist have left IP rights holders struggling to protect their property and goodwill in the digital era. For … Continue reading

Facebook “like” button violates privacy laws

By Nerushka Bowan and Tatum Govender (ZA) on April 21, 2016 Posted in Privacy

On 9 March 2016 the Düsseldorf Regional Court in Germany ruled that an online shopping site, Peek & Cloppenburg, which integrated Facebook’s “like” button into its website had violated users’ privacy rights. How the “like” button works The button allows website users who click on it to share instantly the pages and content from the website on … Continue reading

Hacked private messages used in court

By Kerri Gevers (SG) on February 18, 2016 Posted in Litigation, Privacy

A South African high court recently ruled that a civil litigant’s private Facebook messages, which were unlawfully obtained by the hacking of his personal account, were nevertheless admissible as evidence against him. In Harvey v Niland, the litigants were members of the same corporation. Niland was also an employee of the corporation. After leaving his … Continue reading

Social Listening – Are You Ready?

By Mayura Noordyke (US) on February 16, 2016 Posted in General, Privacy

One of the keys to a successful social media presence for businesses is real-time engagement and quick response times. “Social listening” can help businesses tap into consumer sentiment in order to engage with their audience effectively and to elevate their brands. What is social listening? Social listening constitutes tracking conversations on social media that mention … Continue reading

We’re back, with our top five social media stories of 2015

By Susan Ross (US), Nerushka Bowan, Mayura Noordyke (US) and Karen Sie (CA) on February 3, 2016 Posted in Copyright, Defamation, Employment and labor, Fraud, General, Privacy, Security

The Social Media Law Bulletin is back! The ongoing interest of our readers as well as the increasing impact of social media led us to re-launch the Social Media Law Bulletin. We will be bringing you coverage of one or two items approximately each week, but in the meantime, we thought we would give you … Continue reading

Pre-suit discovery on social media

By James Leito on November 11, 2014 Posted in Litigation, Privacy

A Kings County, New York court has held that a plaintiff may obtain social media information (such as another’s user information and evidence posted through social media) as part of pre-suit discovery under New York law. This decision could have ramifications in a number of jurisdictions that permit pre-suit discovery to preserve evidence and/or obtain … Continue reading

What does LinkedIn’s updated privacy policy mean for you?

By Nerushka Bowan on November 6, 2014 Posted in Privacy

You are responsible for your information. It is important to understand how your information is being used. LinkedIn updated their privacy policy and user agreement on October 23, 2014. It is easier to read and understand in comparison to earlier versions. If you read through the policy it will give you an understanding of the … Continue reading

Social Media Accounts After Death – Delaware’s New Law

By Susan Ross (US) on September 18, 2014 Posted in Employment and labor, General, Privacy

After January 1, 2015, individuals whose wills are governed by Delaware law can have their digital assets and digital accounts accessed and controlled by their personal representatives of their estates, courtesy of a new Delaware law. Modeled on the uniform model Fiduciary Access to Digital Assets Act, the Delaware law vests the decedent’s personal representative … Continue reading

A picture can be worth a thousand links

By Daniel Daniele (CA) on June 18, 2014 Posted in Copyright, Employment and labor, Privacy, Social media policies

From giant billboards on the highway to tiny pictures that can go viral within seconds, the use of social media sites like Instagram, Pinterest and Tumblr has revolutionized the advertising industry. Companies can now reach their target audiences more quickly and more effectively by taking advantage of instantaneous posting of pictures and blogs. The use … Continue reading

Minors’ credit card purchases

By Susan Ross (US) on January 17, 2014 Posted in Litigation, Privacy, Security

If your social media page permits a user to purchase goods or services from you, a December 20, 2013 ruling from the Northern District of California may be of interest. The case involves minors using their parents’ credit cards without authorization (in 2011) in order to purchase several hundred dollars’ worth of Facebook Credits.I.B. v. … Continue reading

Snapchat: now you see me, now you don’t

By Daniel Daniele (CA) on December 13, 2013 Posted in Privacy

Yesterday’s hilarious Facebook photo can easily become today’s biggest regret. Hence, the explosive rise of the new photo-sharing app, Snapchat. Snapchat allows users to create “Snaps,” user photos with built-in self-destruct timers. Users can decide how long the recipients can view the photos after which time they are permanently deleted from both the recipient’s device … Continue reading