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Data Privacy Litigation Toolkit
Practical Law Toolkit w-024-5176 (Approx. 7 pages)
Data Privacy Litigation Toolkit
by Practical Law Data Privacy & Cybersecurity
| Maintained • USA (National/Federal) |
This Toolkit includes links to resources to help US organizations litigate data privacy-related putative class action lawsuits under federal and state laws, including the Electronic Communications Privacy Act (ECPA), the Computer Fraud and Abuse Act (CFAA), the Telephone Consumer Protection Act (TCPA), and the Illinois Biometric Information Privacy Act (BIPA). It also contains resources to help organizations prepare for and litigate lawsuits arising out of data breaches and resolve conflicts that may arise between US discovery laws and non-US data protection laws that limit the collection, processing, and cross-border transfer of personal information.
Putative data privacy-related class action lawsuit filings continue to grow against a variety of businesses, including internet companies, social networks, e-retailers, social gaming sites, advertising companies, application providers, and mobile device distributors. These cases typically involve allegations of improper use or exposure of plaintiffs' personally identifiable information (PII) and present complex issues for counsel to navigate.
This Toolkit contains resources to:
- Help litigants bring and defend against data privacy-related lawsuits under state and federal laws.
- Identify key issues when prosecuting and defending lawsuits involving data breaches including:
- preserving documents following a data breach;
- protecting documents from disclosure under the attorney-client privilege and work product doctrine; and
- establishing an injury-in-fact sufficient to support Article III standing in federal court.
- Help organizations resolve conflicts when responding to US discovery requests that implicate other countries' data protection laws that restrict the cross-border transfer and disclosure of personal information.