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UK Court of Appeal Rules DRIPA Inconsistent with EU Law

Hunton Privacy

On January 30, 2018, the UK Court of Appeal ruled that the Data Retention and Investigatory Powers Act (“DRIPA”) was inconsistent with EU law. The ruling follows the judgment of the Court of Justice of the European Union (“CJEU”), to which the Court of Appeal referred questions regarding the instant case in 2015.

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FTC Asserts COPPA Does Not Preempt State Laws

Hunton Privacy

On May 22, 2023, the Federal Trade Commission filed an amicus brief in support of a ruling by the United States Court of Appeals for the Ninth Circuit that COPPA does not preempt state laws claims that are consistent with COPPA. Following this ruling, the plaintiffs appealed to the Ninth Circuit which reversed this finding.

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Judge Orders U.S. Lawyer in Russian Botnet Case to Pay Google

Krebs on Security

Google sued Starovikov and 15 other “John Doe” defendants, alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), the Computer Fraud and Abuse Act, trademark and unfair competition law, and unjust enrichment. The defendants said they could potentially help Google by taking the botnet offline.

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Appeals Court Reverses Jury Decision Based on Failure of Court to Issue Spoliation Sanction: eDiscovery Case Law

eDiscovery Daily

The plaintiff contended that the defendant’s conscious decision not to retain the video evidence constituted spoliation, and she asked the trial court to give an adverse inference charge to the jury. Please be advised that you are not permitted, and are in no position, to decide what evidence plaintiff would like to review for this case.

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California Advocate General Appeals Age-Appropriate Design Code Preliminary Injunction

Hunton Privacy

On October 18, 2023, California Attorney General Rob Bonta filed an appeal to overturn a preliminary injunction issued by the U.S. District Court for the Northern District of California last month that prevents the enforcement of the California Age-Appropriate Design Code Act (“ CA AADC ”). The appeal was submitted to the U.S.

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ECJ’s ruling on the interpretation of “personal data” and “joint controller” in the context of the IAB TCF Framework

Data Protection Report

On 7 March 2024, the European Court of Justice (the ECJ ) published an important decision in relation to IAB Europe’s Transparency and Consent Framework (the TCF ). The Belgian Data Protection Authority (DPA) had received a number of complaints that the TCF was not compliant with the GDPR.

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Relying on Interpretation of the SCA, Appeals Court Reverses Subpoenas Against Facebook: eDiscovery Case Law

eDiscovery Daily

Wint’s subpoenas” , concluded that the appellee “has not established the existence of a serious constitutional doubt that could warrant application of the doctrine of avoidance” reversing the trial court’s order holding Facebook in civil contempt for refusing to comply with subpoenas served by appellee Daron Wint. Superior Court.