Posts tagged with: "privacy"
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30 Sep 2012, 5:10 am
California has become the first state to pass social media privacy legislation that protects employers/employees/job applicants and schools/students/student applicants. According to The Recorder, California has passed AB 1844 which prohibits employers from requiring access to their employees' or job applicants' personal social media credentials and personal password protected digital content. Last week, California passed student social media privacy legislation that would prohibit post-secondary… [read post]
30 Mar 2011, 11:39 am by Hunton & Williams LLP
On March 30, 2011, the Federal Trade Commission announced that Google agreed to settle charges that it used deceptive tactics and violated its own privacy promises to consumers when it launched its social network, Google Buzz, in 2010.  According to the FTC’s complaint (main document, exhibits), Google led Gmail users to believe that they could choose whether or not they wanted to join Google Buzz.  The options for declining or leaving Google Buzz, however, were ineffective.  For those who… [read post]
4 Apr 2012, 7:56 pm by Monique Altheim
Yesterday, the first Privacy Law Salon in Washington DC, took place at the National Press Club. The Privacy Law Salon: Dialogue with Policymakers, was “a unique meeting of the most experienced practitioners and corporate executives dealing with privacy law matters, and a unique opportunity to interact with the policymakers affecting the future of privacy.” The purpose of the Salon was “to facilitate a high-level exchange of ideas and in-depth dialogue on cutting-edge and emerging issues… [read post]
6 May 2010, 5:00 am by Monique Altheim
ILITA, The Israeli Law, Information and Technology Authority, will host a Privacy Week on October 25-29, 2010 in Jerusalem, Israel. Article 29 Working Party recently published an an opinion finding that Israeli data protection law largely provides an “adequate level of data protection” under the European Union Data Protection Directive 95/46. Thus Israel will be joining the small and select club of countries to which personal data from the 27 EU member states and three EEA member countries (… [read post]
2 Aug 2011, 7:54 am by Hunton & Williams LLP
On July 28, 2011, the International Association of Privacy Professionals (“IAPP”) hosted a webinar that addressed the upcoming audit program of the Department of Health and Human Services Office of Civil Rights (“OCR”).  Susan McAndrew, the Deputy Director for Health Information Privacy at OCR, provided an overview of the audit program, noting that it stemmed from Section 13411 of the Health Information Technology for Economic and Clinical Health (“HITECH”) Act.  That section of the… [read post]
1 Feb 2012, 3:46 pm by Kevin Khurana
After introducing a draft of its Mobile Application Privacy Policy Framework (“Framework”) in mid-October for public comment, the Mobile Marketing Association ("MMA") recently released the final version of the Framework.   The Framework provides a general starting point that application developers can refer to when drafting their application privacy policies. The Framework includes model language to address the following questions and topics regarding the application’s and developer’s… [read post]
25 Mar 2014, 8:03 am by Jenna Felz
The Federal Trade Commission (“FTC”) hosted a panel discussion last week on “Alternative Scoring Products” as part its 2014 Spring Privacy Series, signaling the Commission’s increased attention on this burgeoning industry. The FTC has indicated that its “goal is to study what is happening in the alternative scoring space, what may be on the horizon and what potential privacy concerns these products may raise”. Alternative scoring products use consumer data… [read post]
20 Aug 2013, 10:42 pm by Gabriela Kennedy
On July 29, the Hong Kong Office of the Privacy Commissioner for Personal Data (“PCPD”) issued a new guidance note (PDF) on preparing Personal Information Collection Statements (“PICS”) and Privacy Policy Statements (“PPS”). The guidance note is intended to help organizations prepare clear and informative privacy notices in order to comply with the requirements under the Personal Data (Privacy) Ordinance (the “Ordinance”) and the Data Protection… [read post]
19 Apr 2011, 9:40 am by Hunton & Williams LLP
On April 18, 2011, the European Commission (the “Commission”) adopted an Evaluation Report on the EU Data Retention Directive 2006/24/EC (the “Data Retention Directive”). The Data Retention Directive requires that, for law enforcement purposes, telecommunications service and network providers (“Operators”) must retain certain categories of telecommunications data (excluding the content of the communication) for not less than six months and not more than two years.  To date, most of the… [read post]
10 Nov 2011, 12:31 pm by David Silverman
If your station engages in children's programming and maintains a website or web page directed to children under the age of 13, this case may be of interest to you.  The operator of a website called Skid-e-Kids, a self-described “Facebook and MySpace for kids,” has learned that it is not enough merely to have a privacy policy that requires parental consent prior to obtaining personal information online from children under the age of 13. Such website operators must actually abide by that policy… [read post]
28 Apr 2012, 1:19 pm by Attorney Christopher A. Pearsall
UNMARRIED - IT'S A CRIME Imagine this. You have a girlfriend and her name is Silvia. You live together with her and Silvia brought a computer when she moved. Silvia gave you permission to use the computer to check your personal email from time to time. You suspect Silvia is seeing some guy so you install spy software on the computer. The spy software later tells you that Silvia has, in fact, been seeing not one, but two other men while she has been living with you in what you thought was a… [read post]
4 Jan 2013, 11:11 am by Ryan Blaney
As physicians, nurses, therapists and health care providers continue to utilize new smart phones, tablets, and laptops in caring for patients, the Department of Health and Human Services (“HHS”) has responded with educational videos, worksheets and guidance to help health care providers  create a “culture of compliance and awareness” and to protect patients’ Protected Health Information (“PHI”).  While the material is focused on health care… [read post]
28 Apr 2012, 1:19 pm by Attorney Christopher A. Pearsall
UNMARRIED - IT'S A CRIME Imagine this. You have a girlfriend and her name is Silvia. You live together with her and Silvia brought a computer when she moved. Silvia gave you permission to use the computer to check your personal email from time to time. You suspect Silvia is seeing some guy so you install spy software on the computer. The spy software later tells you that Silvia has, in fact, been seeing not one, but two other men while she has been living with you in what you thought was a… [read post]
19 Feb 2014, 7:50 pm by
U.S. companies need to realize that they must follow the laws of the countries that they operate in.  Facebook, Google, etc... appear not to understand the proverb, "when in Rome do as the Romans do" should mean that when doing business around the world they must abide by the data protection and privacy laws of the countries where they offer their services.The Higher Court of Berlin recently confirmed a 2012 verdict that found that Facebook’s Friend… [read post]
19 Feb 2012, 10:33 am by Dave Hoffman
Alessandro Acquisti, Sasha Romanosky, and I have a new draft up on SSRN, Empirical Analysis of Data Breach Litigation.  Sasha, who’s really led the charge on this paper, has presented it at many venues, but this draft is much improved (and is the first public version).  From the abstract: In recent years, a large number of data breaches have resulted in lawsuits in which individuals seek redress for alleged harm resulting from an organization losing or compromising their personal information.… [read post]
11 May 2013, 5:29 am by
Congress has recently introduced the Application Privacy, Protection and Security Act of 2013 (HR1913).  This legislation would require mobile application developers to disclose what data they collect and how utilize, share, and archive the data they capture. In January, 2013, the California Attorney General's office issued a privacy report on the mobile apps ecosystem.  Subsequently, on February 1, 2013, an FTC report recommended ways for mobile app developers to improve privacy… [read post]
4 Jan 2013, 11:11 am by Tzvia Feiertag
As physicians, nurses, therapists and health care providers continue to utilize new smart phones, tablets, and laptops in caring for patients, the Department of Health and Human Services (“HHS”) has responded with educational videos, worksheets and guidance to help health care providers  create a “culture of compliance and awareness” and to protect patients’ Protected Health Information (“PHI”).  While the material is focused on health care… [read post]
27 Mar 2012, 6:33 pm by Kevin Khurana
On March 26, 2012, the FTC released its final report titled “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Business and Policymakers.”  The report reflects feedback from the FTC’s privacy roundtables as well as over 450 public comments received in response to its proposed framework released in December 2010.  The framework applies to all commercial entities that collect or use consumer data that can be reasonably linked to a specific consumer, computer or other… [read post]
10 Feb 2014, 2:06 am by legalinformatics
A Data Privacy Legal Hackathon was held 8-9 February 2014, in Brooklyn, NY, San Francisco, London, and online. Click here for a list of projects worked on at all locations. Click here for a video of the presentations of projects worked on at the Brooklyn location. Click here for a list of projects worked on at the San Francisco location. A project called Consent Receipt appears to have been the winner at the London location. A project called Ghost Drop appears to have won first prize at the Brooklyn… [read post]
24 Apr 2012, 2:59 pm
Privacy law compliance means not only ensuring that compliance gaps are identified and remediated, but also that there is a privacy management infrastructure to ensure that privacy issues are handled on an ongoing basis.  Attending to the infrastructure task can be challenging. To aid in this effort, on April 17th Canada's privacy commissioner, along with the privacy commissioners of the provinces of Alberta and British, issued a guidance document entitled "Getting Accountability Right… [read post]