Posts tagged with: "privacy"
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8 Apr 2014, 12:48 pm by Hunton & Williams LLP
On April 7, 2014, the U.S. District Court for the District of New Jersey issued an opinion in Federal Trade Commission v. Wyndham Worldwide Corporation, allowing the FTC to proceed with its case against the company. Wyndham had argued that the FTC lacks the authority to regulate data security under Section 5 of the FTC Act. The judge rejected Wyndham’s challenge, ruling that the FTC can charge Wyndham with unfair data security practices. The case will continue to be litigated on the issue of… [read post]
8 Apr 2014, 12:47 pm by Barry Sookman
Bill S-4, the Digital Privacy Act (An Act to amend the Personal Information Protection and Electronic Documents Act and to make a consequential amendment to another Act,) was given First Reading in the Senate today.  The summary of the Bill describes the proposed amendments as follows: This enactment amends the Personal Information Protection and Electronic Documents Act to, among other things, (a) specify the elements of valid consent for the collection, use or disclosure of personal… [read post]
8 Apr 2014, 12:13 pm by Daithí
I am a fair-weather blogger, and so I cannot remember the last time I had so many visits or retweets in a day.  Piggybacking on the unexpected traffic boost, here are ten things worth reading (from various sources) about the reason for that traffic – the finding by the Court of Justice of the EU that the Data Retention Directive is, on human rights grounds, invalid.  (My own post, Data retention parrot, is here). I had plenty to choose from in putting this list together –… [read post]
8 Apr 2014, 11:04 am by Tom Webley
This post was written by Cynthia O’Donoghue. Australia’s privacy protection reform laws came into force in mid-March, making significant changes to the regulation of data. Further reform is now on the horizon, with theAustralian Law Reform Commission (the Commission) publishing a discussion paper titled, ‘Serious Invasions of Privacy in the Digital Era’ (Discussion Paper). The Commission is carrying out an inquiry at the request of the Australian government to find… [read post]
8 Apr 2014, 9:30 am by Susan Foster
Written by Susan Foster, Solicitor England & Wales/Admitted in California  (LONDON) The Art. 29 Working Party, a key advisory body to the EU Commission, recently proposed draft model clauses to cover the transfer of personal data from EEA data processors to non-EEA sub-processors. The draft model clauses have the potential to bring greater certainty to the rules applicable to data transfers from a data processor that is located within the EEA to a sub-processor located outside of the… [read post]
8 Apr 2014, 5:24 am by Harriet Pearson
A New Jersey federal judge yesterday issued the much-anticipated opinion in Federal Trade Commission v. Wyndham Worldwide Corp., denying Wyndham’s challenge to the FTC’s authority to regulate data security under Section 5 of the FTC Act.  Although it only represents one district court’s findings on the issue, and was not a complete surprise given some of the judge’s statements during oral argument, the decision means that the Commission for now maintains its status as… [read post]
8 Apr 2014, 2:04 am by Daithí
One of the most-read posts on this site is a 2009 set of ten questions about data retention legislation in Ireland. It was written with a mixture of anger and detail. Today’s post contains neither. Instead, it’s relieved – but hurried. This morning, the Court of Justice of the European Union (CJEU) ruled in a set of cases regarding the validity, from a human rights point of view, of the Data Retention Directive (which provides for the retention by service providers of phone… [read post]
8 Apr 2014, 1:43 am by DRI
Europe’s highest court has given a judgement in the challenge taken by Irish human rights advocacy group Digital Rights Ireland (DRI) to the EU’s regime of Data Retention and mass surveillance. Digital Rights Ireland welcomes European Court of Justice decision on Data Retention Directive The Court has found that data retention “entails a wide-ranging and particularly serious interference with the fundamental rights to respect for private life and to the protection of personal… [read post]
7 Apr 2014, 9:01 pm by Anita Ramasastry
Hewlett Packard has unveiled a new mobile application (“app”) that retailers can use to trail people as they shop in order to send them targeted ads and promotions. The iOS mobile app called SmartShopper was unveiled at the Interop conference in Las Vegas at the end of March. It is being promoted by HP’s CEO Meg Whitman as a way for retailers to monetize their networks, and as a way to build “tighter relationships with their customers.” The app has the ability to send… [read post]
7 Apr 2014, 6:09 pm by David Harlow
We've Moved! Update your Reader Now. This feed has moved to: Update your reader now with this changed subscription address to get your latest updates from us. [read post]
7 Apr 2014, 4:37 pm by Sabrina I. Pacifici
“In response to a request from the White House, EPIC has submitted extensive comments on “Big Data and the Future of Privacy.” EPIC warned the White House about the enormous risk to Americans of current “big data” practices but also made clear that problems are not new, citing the Privacy Act of 1974 which responded to the challenges of “data banks.” EPIC noted the dramatic increases in identity theft and security breaches. EPIC… [read post]
7 Apr 2014, 2:20 pm by Davis Wright Tremaine
By Lance Koonce   In the 1979 Carl Reiner film The Jerk, a new phonebook is delivered and Steve Martin, playing the title character, rejoices that “I'm somebody now! Millions of people look at this book every day! This is the kind of spontaneous publicity - your name in print - that makes people. I'm in print! Things are going to start happening to me now.”   As we all know, a quarter-century later, things have changed. Getting one’s name publicized takes only a few… [read post]
7 Apr 2014, 2:12 pm by Tom Webley
This post was written by Cynthia O'Donoghue. Following months of uncertainty about the future of the EU-U.S. Safe Harbor Framework, political leaders from the EU and the United States reiterated their commitment to the regime in a joint statement issued 26 March (the Statement). EU-U.S. Safe Harbor is designed to essentially transpose EU data protection law into U.S. law so that organisations certified to the program are deemed to adequately protect personal data transferred from the EU to them in… [read post]
7 Apr 2014, 12:38 pm by Cynthia Larose
Welcome to the first Monday in April. Our Privacy Monday is a report on the Federal Trade Commission’s latest privacy notice-related settlements with Fandango and Credit Karma.   These settlements should be reviewed by any company with (or planning to have) mobile applications and reinforces our mantra:  Say what you do, and do what you say.    And make sure you know what that is. Stop Phoning it In on Mobile Security:  What Your Business Needs to Know About… [read post]
7 Apr 2014, 12:00 pm by smathur
By IT-Lex Intern Amber Williams (LinkedIn) Last month, NBC News posted a story with the intriguing title “Smile, Seattle! Police Now Can Use Facial Recognition Software” and that certainly caught our attention. Prior to this vote being carried through the Seattle City Council, there was – not surprisingly – plenty of discussion and opposition. The ACLU, in particular, would not agree to the use of the software until lawmakers agreed to: Limit its use to identifying a specific… [read post]
7 Apr 2014, 6:46 am by David Kravets
National Security Agency Headquarters Trevor Paglen, Wikimedia Commons The Supreme Court declined Monday to resolve the constitutionality of the National Security Agency's bulk telephone metadata surveillance program, leaving intact what a lower-court judge described as an "almost-Orwellian" surveillance effort in which the metadata from every phone call to and from the United States is catalogued by US spies. The move by the justices comes as the Obama… [read post]
7 Apr 2014, 4:12 am by Paul Jacobson
I spoke to Kieno Kammies on 567 CapeTalk radio this morning about a troubling trend. As you can hear from the segment, below, the concern is partly about people being photographed in suspicious ways in public. One example is a person following women around shooting video of them or taking photos without their knowledge. This isn't so much about a person taking a photograph of a scene that happens to include women walking past but actually targeting those women.Whether this is a privacy issue depends… [read post]
7 Apr 2014, 3:48 am by Ruthann Robson
"The amount of data available to law enforcement creates a type of honey pot—a trap that lures and tempts government to use data without limits." What should the constitutional limits be? And what is their source? In a new article,... [read post]
7 Apr 2014, 2:13 am by Jason C. Gavejian
The United States Equal Employment Opportunity Commission (EEOC) recently held a meeting to gather information about the growing use of social media and how it impacts the laws the EEOC enforces. During the meeting, a panel representative from the Society for Human Resource Management (SHRM) explained that employers use different types of social media for various reasons, including: employee engagement and knowledge-sharing; marketing to clients and potential customers; crisis management; and… [read post]
6 Apr 2014, 6:52 pm by Sabrina I. Pacifici
EFF: “You would think that by now the Internet would have grown up enough that things like online banking, email, or government websites would rely on thoroughly engineered security to make sure your data isn’t intercepted by attackers. Unfortunately when it comes to the vast majority of websites on the Internet, that assumption would be dead wrong. That’s because most websites (with a few notable exceptions) don’t yet support a standard called… [read post]