In a recent case, the Court of Appeal for Ontario, Canada recognized the privacy torts that are widely-recognized in the United States. Many foreign common law jurisdictions, including the United Kingdom and other countries, have steadfastly refused to recognize the privacy torts spawned by the 1890 law review article by Samuel Warren and Louis Brandeis, The Right to Privacy, 4 Harv. L. Rev. 193 (1890). These torts – intrusion upon seclusion, public disclosure of private facts, false light, and appropriation of name or likeness – are known collectively as “invasion of privacy.” In the case of Jones v. Tsige, 2012 ONCA 42 (Jan. 18, 2012), the Court of Appeal for Ontario finally recognized the US privacy tort of intrusion upon seclusion – intentionally intruding upon a person’s seclusion or solitude, or into his private affairs.
Who Owns Twitter Followers?
A bizarre lawsuit by a company claiming that it owns a former employee’s Twitter followers:
Posting about Patients on Social Media Sites
An increasing problem is caused when medical personnel post details about patients on their social media websites. From Daily News:
Data Security in Healthcare: Some Startling Statistics
A new report by the Ponemon Institute reveals some startling statistics about data security in healthcare:
Notable Privacy and Security Books 2011
Here’s a list of notable privacy books published in 2011.
Do Computer “Unlawful Access” Laws Exempt Improperly Accessing a Spouse’s Account?
Do computer “unlawful access” laws exempt improperly accessing a spouse’s account?
Short answer: No. This case got considerable media attention and outrage when it was first reported. A man accessed his wife’s email without her consent. They were separated. He was charged with violating the Michigan’s computer unlawful access law, MCL 752.795, which is similar to the federal Computer Fraud and Abuse Act (CFAA). Now a court of appeals has rejected the spouse’s argument. From the Detroit Free Press:
The Student Data Grab
There’s a good editorial in the NY Post today about the big data grab the Education Department is facilitating with student data. I blogged about this issue a short while ago at the Huffington Post.
New Record Possibly Set for Sending an Accidental Email
The New York Times may have set a new record for sending an accidental email. There are tales of email being sent outorganization-wide, but nothing on the scale of what the New York Times just did. An email meant for 300 people was sent to 8 million. Oops!
Two New Cases Regarding NSA Surveillance
The 9th Circuit has decided a pair of cases involving the NSA Surveillance Program.
In Jewel v. NSA, the 9th Circuit concluded that plaintiffs had standing to raise constitutional challenges against NSA telephone surveillance:
FTC v. Santa
Jeff Jarvis has this humorous piece about the FTC vs. Santa: