McNees Wallace & Nurick attorney Devin Chwastyk recently served as co-counsel alongside David Bertoni and the Brann & Isaacson team to secure a significant federal court victory regarding privacy disclosures under Pennsylvania’s wiretapping laws.
The court ruled that clear and accessible privacy statements sufficiently inform users about third-party data tracking and collection, establishing implied consent under Pennsylvania’s Wiretapping and Electronic Surveillance Control Act (WESCA). Devin and the team successfully argued that privacy disclosures prominently available on a website meet the “reasonably prudent person” standard, effectively protecting businesses from liability related to data privacy and wiretapping claims.
This decision underscores the importance of businesses regularly reviewing their privacy policies, ensuring clarity, accessibility, and compliance with evolving privacy laws.
Read more about this important decision here.
If you have questions or need guidance regarding privacy disclosures and data compliance, contact Devin Chwastyk or visit our Privacy and Data Security practice page.
A serial pro se litigant, Vivek Shah, has sent demand letters threatening litigation to thousands of businesses across the country, alleging violations of the California Invasion of Privacy Act (CIPA). If your business has received one of these letters, here is what you need to know. Key takeaways: Understanding CIPA and the demand letters In […]
Data privacy and security attorney Kayla Bushey presented on an IAPP panel discussion on August 4, exploring the risks and uncertainties of U.S. data privacy litigation. She was joined by William Simpson of IAPP and Matt Pearson of Frankfurt Kurnit Klein & Selz PC, where they discussed private litigation trends in the data privacy realm, […]
The following guidance addresses a matter of increasing importance to school entities across Pennsylvania. Artificial intelligence tools such as ChatGPT, Microsoft Copilot, Google Gemini, and similar generative AI platforms have become increasingly common in both legal and business settings, and we understand the appeal of using them to quickly research issues, draft documents, or think […]
In early May, thousands of K-12 schools, colleges, and universities were disrupted when Canvas, a leading edtech software program, went offline during one of the busiest times of the academic year. The digital blackout was the result of a cyberattack. Instructure, Canvas’s parent company, soon after paid an undisclosed (but presumably substantial) amount to a […]
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