Balough
December 17, 2013
Richard C. Balough discussed the implications of geolocation technologies on the right of privacy at a seminar sponsored by the State Bar of Wisconsin’s non-resident lawyers division in Chicago. Mr. Balough’s presentation on November 16, 2011, concerned the changing expectations of privacy in light of both the technology that allows undisclosed 24-hour monitoring of a person’s physical […]
Balough
December 17, 2013
The Federal Trade Commission (FTC) has published its final report setting forth best practices for businesses to protect consumers’ privacy and give them greater control over the collection and use of their personal data. Entitled “Protecting Consumer Privacy in an Era of Rapid Change, Recommendations for Businesses and Policymakers,” the report recommends that businesses follow […]
Balough
December 17, 2013
If you lose your smartphone, you have a 50-50 chance of someone contacting you to return it—but even then the person probably has tried to access private or company data on the phone. That’s the conclusion reached in a “honey stick” experiment by Symantec that was recently released. For the experiment, 50 smartphones were “lost” in five […]
Balough
December 17, 2013
Law enforcement officers do not need a warrant to search a suspect’s cell phone to obtain the phone’s number, the Seventh Circuit ruled. The court said obtaining the phone number was “minimally invasive of privacy” and justified because it was possible that the number could have been erased remotely before the arresting officers obtained a […]
Balough
December 17, 2013
The identity of a person who commented anonymously about an article already published on newspaper website is not protected by Indiana’s Shield Law, the state’s appellate court found. The poster’s identity was sought by a former president of the Junior Achievement of Central Indiana, Inc., (JA) who alleged that he was defamed by the comment appearing […]
Balough
December 17, 2013
Individual privacy rights would receive some protection online under a proposed “Consumer Privacy Bill of Rights” unveiled by the White House. The Bill of Rights would be enforced by the Federal Trade Commission and individual states attorneys generals. It would establish “safe harbors” for businesses that comply with guidelines established as part of an industry initiative. […]
Balough
December 17, 2013
Law enforcement officials must obtain a warrant before placing a GPS tracking device on an individual’s vehicle, the United States Supreme Court ruled. The decision was anticipated to be the first to define boundaries of what constitutes geolocational privacy, that is, whether there is any privacy in the location of a person. However, the case was […]
Balough
December 16, 2013
For purposes of determining whether a contract not to compete is enforceable, Illinois courts must consider the legitimate business interests of the former employer, the Illinois Supreme Court found. The court said that in determining whether a legitimate business interest exists, judges must look to the “totality of the facts and circumstances of the individual […]
Balough
December 16, 2013
A patient has sued his dentist over a contract that prohibits the patient from posting any comments about the dentist on the Internet. The complaint alleges that the dentist requires all her patients to sign a “Mutual Agreement to Maintain Privacy” before any dental work is performed. Under the agreement, the patient assigns all copyrights that […]
Balough
December 16, 2013
The use of information obtained by a warrantless-tracking of a New York state employee with a GPS device on his private car, even while he was on a week’s vacation, was approved by the state’s appellate court. The case involved an employee who was fired because of a pattern of taking unauthorized absences from work […]
