Posts tagged with: "privacy"
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The U.S. Department of Health and Human Services (HHS) published on July 14, 2010, a voluminous Notice of Proposed Rulemaking (NPRM), containing dozens of proposed amendments to three sets of Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulations: the Privacy Rule; the Security Rule; and the Enforcement Rule. The proposed amendments are directed principally at implementing the Health Information Technology for Economic and Clinical Health Act (HITECH Act), which amended… [read post]
6 May 2013, 2:49 pm by Eric Bukstein
Less than two weeks after providing additional guidance on the recent changes to the Children’s Online Privacy Protection Act (“COPPA”) Rule, in the form of updated Frequently Asked Questions, the Federal Trade Commission (“FTC”) voted unanimously to retain the July 1, 2013 effective date for the changes to the COPPA Rule.  The Commission’s vote came in response to a letter from representatives of a number of trade associations and industry groups, including… [read post]
19 Dec 2012, 1:04 pm by Frederick Lah
FTC Chairman Leibowitz has followed though on his commitment to finalize the new COPPA rule by the end of the year. Earlier today, at a press conference, the Chairman, alongside Senator Jay Rockefeller, announced the agency’s update to the rule. The new rule expands the application of the rule to new categories of “personal information” and to third party information collectors. The new COPPA is expected to come into effect on July 1, 2013 and will have an important impact on… [read post]
12 Jul 2012, 3:59 pm by Deven Desai
Suppose a system could help alert people to online sexual predators? Many might like that. But suppose that same system could allow people to look for gun purchasers, government critics, activists of any sort; what would we say then? The tension between these possibilities is before us. Mashable reports that Facebook and other platforms are now monitoring chats to see whether criminal activity is suspected. The article focuses on the child predator use case. Words are scanned for danger signals.… [read post]
15 Apr 2011, 3:20 pm by Davis Wright Tremaine
One day after Senators Kerry and McCain introduced their Commercial Privacy Bill of Rights Act of 2011, Representatives Cliff Sterns and Jim Matheson introduced a new bill, the Consumer Privacy Protection Act of 2011 that, unlike Kerry-McCain (or California’s proposed Do Not Track Me Online Act), focuses on personally identifiable information (PII), without addressing behaviorally targeted advertising. Nonetheless, it does propose new legal obligations for commercial and non-profit entities that… [read post]
19 Dec 2012, 1:04 pm by Frederick Lah
FTC Chairman Leibowitz has followed though on his commitment to finalize the new COPPA rule by the end of the year. Earlier today, at a press conference, the Chairman, alongside Senator Jay Rockefeller, announced the agency’s update to the rule. The new rule expands the application of the rule to new categories of “personal information” and to third party information collectors. The new COPPA is expected to come into effect on July 1, 2013 and will have an important impact on… [read post]
30 Oct 2012, 8:24 am by Lisa Baird
As reported on our Global Regulatory Enforcement Blog, Reed Smith Paris partner Daniel Kadar and counsel Séverine Martel hosted on 25 October 2012, a new edition of the conference cycle organized by Reed Smith Paris with the European American Chamber of Commerce, dedicated to the mitigation of Compliance obligations, particularly as set forth in Codes of Conduct, with data protection requirements. The panel, which included compliance directors of French health care giant SANOFI and General Electric… [read post]
23 Aug 2012, 6:03 pm
 On August 15, Philippine President Benigno Aquino III signed into law the Data Privacy Act of 2012, formally titled “An Act Protecting Individual Personal Information in Information and Communications Systems in the Government and the Private Sector, Creating for this Purpose a National Privacy Commission, and for Other Purposes”. The Act is modeled after the EU Data Protection Directive and the Asia-Pacific Economic Cooperation (APEC) Privacy Framework. The Act applies to… [read post]
19 Dec 2012, 11:52 am by Elijah Yip
The Federal Trade Commission adopted final amendments to the Children’s Online Privacy Protection (COPPA) Rule today.  The amendments are the result of a review initiated by the FTC in 2010 to adapt to changes in technology and in the way children use and access the Internet. Highlights of the amendments include: Modification of the list of “personal information” that cannot be collected without parental notice and consent.  Geolocation information, photographs, and… [read post]
12 Feb 2010, 8:24 am by Hunton & Williams LLP
A computer user’s failure to secure his wireless network contributed to the defeat of his claim that a neighbor’s unwelcome access to his files violated the Electronic Communications Privacy Act (ECPA).  The ECPA places restrictions on unauthorized interception of, and access to, electronic communications.In United States v. Ahrndt, No. 3:08-cr-00468-KI (D. Or. Jan. 28, 2010), Ahrndt argued that his neighbor violated the ECPA when she connected to his unsecured wireless network and accessed his… [read post]
30 Apr 2012, 5:09 pm by Attorney Christopher A. Pearsall
Is your greatest enemy your spouse in your divorce? Maybe. Maybe not. Is your greatest evil in your RI Divorce your spouse's attorney? Maybe. Maybe not. Is your greatest enemy in your divorce you and your own emotions? That could be but most likely it's not. What many people are finding is their greatest enemy is their own technology devices!!! Why? Smart phones, Cel phones, iPhones, iPads, Tablets, Androids, the Kindle Fire and other technology devices, including computers and wireless networks are… [read post]
6 Dec 2010, 7:33 am by Daniel Solove
Here’s a list of notable privacy books published in 2010. Previous lists: Privacy Books 2009 Privacy Books 2008 This list contains a few books published late in 2009 that I missed on the 2009 list. Adam D. Moore, Privacy Rights: Moral and Legal Foundations (Penn. St. U. Press 2010) My blurb: “Privacy Rights is a lucid and compelling examination of the right to privacy.  Adam Moore provides a theoretically rich and trenchant account of how to reconcile privacy with competing interests such… [read post]
19 Jan 2012, 2:19 pm
Congress may weaken the 1988 Video Privacy Protection Act because Netflix wants to build a Facebook application that may enable consumers to more easily share their movie choices and opinions. HR2471 may only benefit Netflix, Facebook, and third parties who may access the data. Netflix and Facebook users can already share their movie likes and dislikes online without any new legislation. Therefore, is there a reason to weaken a law that has protected the privacy of those living in the United States… [read post]
26 May 2011, 6:30 am by David Oxenford
Legal issues regarding privacy have long been an issue for broadcasters and other media companies.  Traditionally, privacy concerns for media companies have arisen in the context of news gathering, advertising or other on-air content that either was gathered in a way that intruded on someone's privacy, or which used private facts or personal images, without consent, for commercial purposes.   As technology developed, privacy related issues followed. There are legal restrictions setting out… [read post]
6 May 2010, 11:21 am by Kevin Khurana
More than five months ago, eight federal regulatory agencies released their final model privacy notice form (“Model Form”) (which we blogged about here) to help financial institutions satisfy the disclosure requirements established by the Gramm-Leach-Bliley Act (“GLBA”) and help consumers understand how these institutions collect and share their information. On April 15, 2010, those same agencies attempted to ease the burden of completing the Model Form by releasing an Online Form… [read post]
5 Nov 2012, 7:47 am by admin
In an interesting announcement made earlier today, Canada’s Federal Privacy Commissioner Jennifer Stoddart issued new privacy guidance for videogames.  In making the announcement, the Privacy Commmissioner said: “Today, while they may be playing in the basement, they’re very likely doing so with others, whether they’re friends from around the block or virtual ones around the world.  ‘As gaming consoles are now onramps to the Internet, we need to recognize that, like anything else that… [read post]
6 Nov 2012, 9:06 am by admin
Late last month, the Federal Privacy Commissioner and Alberta and British Columbia Information and Privacy Commissioners issued new privacy guidelines for mobile app developers to assist them in complying with Canadian privacy laws.  In making the announcement, the Federal Privacy Commissioner’s office said: “The mobile era has led to the placing of an increasing amount of personal data such as contacts, photos, emails and texts onto one device, which can be tracked in real time.  As a result,… [read post]
24 May 2012, 6:58 am
This blog entry was contributed by Conor Ward, a partner in the Computer, Communications and Media group in the London office, and Steven Spagnolo, an associate in the Privacy and Information Management group in the Washington, DC office. Jan Philipp Albrecht, the rapporteur to the European Parliament for the proposed EU Data Protection Regulation, has set forth a draft calendar that outlines the steps to be taken during the consideration of the Regulation.  The proposed Regulation was published… [read post]
11 Oct 2012, 5:00 am by Ruth Carter
Cholla Trail Landmark – Camelback Mountain by Dru Bloomfield – At Home in Scottsdale Last week Pete Kosednar was hiking on Camelback Mountain when he saw a woman on the trail who didn’t have her dog on a leash. He turned on his video camera and asked her is she knew that her dog was supposed to be leashed. She didn’t appreciate being filmed and reacted by swearing at him and hitting him. Check out the video for yourself. Was Pete Kosednar wrong to film this woman? No! She was in a public… [read post]
2 Dec 2011, 12:14 pm by Wanita Scroggs
Unpopular Privacy: What Must We Hide?, By Anita L. Allen. Oxford University Press, 2011, 259 pages inclusive of endnotes and index. Hardbound, $35. Professor Allen, Professor of Law and Philosophy at the University of Pennsylvania Law School, specializes in ethics and philosophy of law. This monograph will be a good addition to any academic law collection that is seeking to enhance its holdings on privacy and the law. She begins by admitting that she does write from a feminist liberal perspective… [read post]