Data Law Insights

Data Law Insights

Legal insights on navigating privacy, data protection, cybersecurity, information governance, and e-discovery

Peter B. Miller

Peter B. Miller

Peter Miller is a senior counsel in Crowell & Moring’s Advertising & Product Risk Management and Privacy & Cybersecurity groups in Washington, D.C. Peter supports, counsels, and advocates for clients using his familiarity with Federal Trade Commission (FTC) consumer protection policies, practices, and procedures; his experience with consumer protection investigations, litigation, and settlement negotiations; and his knowledge of operational privacy, data security, federal procurement, and risk management issues

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FTC Settles First Connected Toy Case With VTech After Massive Data Breach

Posted in Cybersecurity / Data Security, Data Breach, Privacy
On January 8, 2018, the FTC announced settlement of its first connected toy case with VTech Electronics Ltd (“VTech”) for violating the Children’s Online Privacy Protection Act (COPPA) Rules by failing to properly collect and protect personal information about and from children and violating the FTC Act by misrepresenting its security practices. In addition to paying… Continue Reading

D.C. Circuit: Alleged theft of healthcare subscriber information satisfies Article III harm standard under Spokeo

Posted in Data Breach, Insurance, Litigation
The U.S. Court of Appeals for the D.C. Circuit has now weighed in on whether plaintiffs can bring a putative class action arising from an alleged data breach in lieu of allegations of actual misuse of compromised data.  Emphasizing the “low bar to establish [] standing at the pleading stage,” the D.C. Circuit reversed a… Continue Reading

Privacy & Cybersecurity News Update- 3 Week Summary

Posted in Cybersecurity / Data Security, Data Breach, Government Agencies, Internet of Things, Privacy
The Panama Papers Leak – An overview on histories’ biggest data leak; Article 29 Working Party about to release opinion on EU-U.S. Privacy Shield; EU: GDPR and PCJ DPD about to be approved next week – final consolidated text published by Council; US: New HIPAA Audit Protocol Released as a Guidance Tool for phase two… Continue Reading

Life Without Safe Harbor: Guidance from EU Regulators

Posted in Cybersecurity / Data Security, Government Agencies, Privacy
The EU’s Article 29 Working Party (Art. 29 WP) has now provided guidance on alternative mechanisms for transferring data from the EU to the U.S. after the popular U.S.-EU Safe Harbor mechanism was invalidated by the European Court of Justice (ECJ). The Art. 29 WP guidance, like the ECJ decision, focuses on “massive and indiscriminate… Continue Reading

U.S.-EU Safe Harbor Axed by European High Court

Posted in Cybersecurity / Data Security, Government Agencies, Privacy
On October 6, 2015, the European Court of Justice invalidated the U.S.-EU Safe Harbor Framework (Safe Harbor), which previously provided a valid mechanism for data transfers from the European Union to the U.S.  This decision may have extraordinary consequences for the over 4,400 companies that rely on Safe Harbor, which has been in place for… Continue Reading

FTC Announces January 14, 2016 “PrivacyCon”

Posted in Cybersecurity / Data Security, Privacy
As part of the FTC’s ongoing initiative to promote collaboration “among whitehat researchers, academics, industry representatives, consumer advocates, and regulators regarding the privacy and security implications of emerging technology,” its first-ever PrivacyCon will include presentations on research and trends in consumer privacy and data security, discussions about the interplay between regulators and technology, identification of… Continue Reading

Join Us for OOPS 2015! Cybersecurity Risk Management: The View from Washington and Beyond

Posted in Cybersecurity / Data Security, Data Breach, Government Agencies, Government Contracting, Information Management, Internet of Things, Privacy, Public Sectors
Crowell & Moring would like to invite government contractors to ring-side seats for the fight of the year – Congress v. the White House.  This year’s Ounce of Prevention Seminar (OOPS) will focus on the dynamic interplay between the opposite ends of Pennsylvania Avenue and how it will ultimately impact government contractors across the industry.… Continue Reading

Cyber Executive Order Continues the Push for Public-Private Partnerships

Posted in Cybersecurity / Data Security, Data Breach, Government Agencies, Government Regulations & FISMA, Information Management, Privacy, Public Sectors
In conjunction with his remarks at the White House Summit on Cybersecurity at Stanford University earlier this month, President Obama signed Executive Order 13691, entitled “Promoting Private Sector Cybersecurity Information Sharing.”  Published in the Federal Register last week, the Order is intended to encourage and facilitate cybersecurity information sharing within the private sector, and also… Continue Reading