Posts tagged with: "privacy"
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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]
20 Apr 2012, 11:34 am by Lisa Baird
This post was written by Nancy E. Bonifant and Brad M. Rostolsky. On April 17, 2012, the HHS Office of Civil Rights (OCR) announced a settlement and corrective action plan with Phoenix Cardiac Surgery, P.C. (Phoenix), a small cardiology practice based in Phoenix and Prescott, Arizona. More specifically, Phoenix has agreed to pay $100,000 to settle allegations of HIPAA violations arising out of an investigation conducted by OCR. OCR’s investigation of Phoenix followed a report that Phoenix was… [read post]
6 Nov 2010, 1:05 pm by Scott Peppet
The biometric technologies firm Hoyos (previously Global Rainmakers Inc.) recently announced plans to test massive deployment of iris scanners in Leon, Mexico, a city of over a million people. They expect to install thousands of the devices, some capable of picking out fifty people per minute even at regular walking speeds. At first the project will focus on law enforcement and improving security checkpoints, but within three years the plan calls for integrating iris scanning into most commercial… [read post]
3 Aug 2010, 8:58 pm by Daniel Solove
According to CNN: The U.S. Federal Bureau of Investigation has threatened Wikipedia with legal action if the online encyclopedia doesn’t remove the FBI’s seal from its site. The seal is featured in an encyclopedia entry about the FBI. Wikipedia isn’t backing down, however. The online encyclopedia — which is run by a nonprofit group and is edited by the public — sent a chiding letter to the FBI, explaining why, in its view, the FBI is off its legal rocker. The FBI’s letter… [read post]
20 Oct 2011, 4:02 pm by Kevin Khurana
On October 12, 2011, the FTC announced that it, along with Frostwire LLC and FrostWire’s managing member, Angel Leon, (collectively, “FrostWire”), agreed to a stipulated final order for permanent injunction resulting from the FTC’s complaint alleging that (a) users of FrostWire’s Android mobile file-sharing application were likely to unwittingly share personal files stored on their mobile devices with other P2P users after installing and running the application, and (b) FrostWire… [read post]
1 Dec 2010, 7:20 am by Hunton & Williams LLP
David Vladeck, Director of the FTC’s Division of Consumer Protection, this morning previewed the long-awaited FTC report that sums up months of discussion regarding the future of privacy regulation in the United States and examines the viability of a Do Not Track mechanism.  Vladeck indicated at the Consumer Watchdog Policy Conference that the existing privacy framework in the U.S. is not keeping pace with new technologies.  In addition, he stated that the pace of industry self-regulation, while… [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… [read post]
13 Mar 2014, 7:14 am by Alan Friel
Recently, a California court dismissed a plaintiff’s claims that Instagram’s updated Terms of Services constituted a breach of the covenant of good faith and fair dealing implied in all contacts because Instagram took expanded rights over user’s photos.  Rodriguez v Instagram, LLC  (California Superior Court of San Francisco Case CGC-13-532875) (February 28, 2014). We have the following takeaways from the case: This has little relevance to the growing case law on terms of… [read post]
10 Feb 2013, 11:50 am by legalinformatics
The call for papers and presentation proposals has been issued for LVI 2013: Law via the Internet Conference, to be held 26-27 September 2013 on the Channel Island of Jersey. The conference Website does not seem to state the deadline for submitting papers or proposals. If you know the submission deadline, please feel free to tell us in the comments to this post. Papers are invited on the topics covered by any of the seven tracks in which the conference program is divided: E-Learning: distance,… [read post]
25 Sep 2013, 12:50 pm by Lisa Baird
This post was authored by Brad Rostolsky and Jennifer Pike. The Office for Civil Rights (OCR) of the Department of Health & Human Services (HHS) announced September 19, 2013 that, until further notice, it is delaying enforcement of the requirement that certain HIPAA-covered labs revise their notice of privacy practices (NPPs) to comply with modifications made by the HITECH Final Rule. The enforcement delay applies to HIPAA-covered labs that are subject to Clinical Laboratory Improvement Act… [read post]
7 Aug 2013, 12:52 pm
In this age of e-mail, social media and electronic communications, people leave behind an inviting trail of information that a curious, jealous or controlling spouse or boy/girlfriend may be tempted to view. If someone suspects his/her spouse of cheating he/she may want to search through emails or text messages for evidence of another romantic or sexual partner. Suspicious spouses even have been known to put software "snooping" devices on a partner's computer to track communications. … [read post]
29 Apr 2010, 11:44 am by Monique Altheim
After Facebook’s recent changes in their privacy policies, you need to take a few steps if you don’t want your Facebook bio, education & work, hometown, likes and interests data to be publicly shared online, as well as probably sold to behavioral marketers. 1. Go to your Facebook page 2. Go to “account” 3. Go to “privacy settings” 4.  Go to “applications & websites” 5.  Go to “instant personalization pilot program” all the way at the bottom 6. UN-check the PRE-checked box:… [read post]
28 Dec 2009, 11:45 am by Natalie Newman
On December 17, 2009, a class action suit was filed against online movie rental giant, Netflix, Inc., in the United States District Court for the Northern District of California. Plaintiffs in the suit are claiming that Netflix has “perpetrated the largest voluntary privacy breach to date.”According to the Complaint, Netflix knowingly and voluntarily disclosed the sensitive and personal information of approximately 480,000 Netflix subscribers when Netflix provided participants in a contest… [read post]
21 Sep 2012, 11:56 am by Lisa Baird
Massachusetts Provider Becomes Third Seven-Figure Settlement Since March This post was written by Nancy E. Bonifant and Brad M. Rostolsky. On September 17, 2012, the HHS Office of Civil Rights ("OCR") announced another settlement and corrective action plan following an entity’s breach self-report required by HITECH’s Breach Notification Rule. Massachusetts Eye and Ear Infirmary and Massachusetts Eye and Ear Associates, Inc. (collectively "MEEI") have agreed to pay $1.5 million to settle… [read post]
17 Dec 2009, 8:37 am by Robert D. Forbes
The blogosphere has been abuzz lately about Facebook’s new privacy settings, but lost amid all the noise is Facebook’s implementation of a new user-friendly privacy policy.For those who haven’t been paying attention (or who haven’t logged on to Facebook lately), Facebook’s 350 million users are being asked to refine their privacy settings with a new software tool that allows users to dictate who has access to each category of content the user uploads to the website. Critics have slammed… [read post]
27 Jan 2014, 6:46 pm by Elijah Yip
(Photo credit: Wikipedia) “Smile, you’re on Candid Camera.”  Originally coined on the eponymous TV show, that catchphrase is becoming more of common refrain in the workplace.  Any employee with a smartphone can easily record an office conversation in secret.  But are such covert recordings legal?  And what control, if any, does management have over the making of such recordings? The Law of Recording Face-to-Face Conversations A majority of states (approximately… [read post]
14 Jan 2014, 8:49 am by Daniel Solove
Why does privacy matter? Often courts and commentators struggle to articulate why privacy is valuable. They see privacy violations as often slight annoyances. But privacy matters a lot more than that. Here are 10 reasons why privacy matters. 1. Limit on Power Privacy is a limit on government power, as well as the power of private sector companies. The more someone knows about us, the more power they can have over us. Personal data is used to make very important decisions in our lives. Personal data… [read post]
11 Oct 2013, 10:31 am by
Facebook's recent decision to eliminate the ability for users to hide from a Timeline search may be a boon to Cyber bullies, stalkers, murders, etc.. who utilize Facebook to harm others.  As Forbes noted earlier this year, "the new tool will make Facebook stalking much easier". Facebook's business model is basically, "we built an online hang out for you to you play in, so go play; however, everything you do in our playroom is subject to our rules and we may change them at anytime so we can… [read post]
11 Oct 2013, 10:31 am by
Facebook's recent decision to eliminate the ability for users to hide from a Timeline search may be a boon to Cyber bullies, stalkers, murders, etc.. who utilize Facebook to harm others.  As Forbes noted earlier this year, "the new tool will make Facebook stalking much easier". Facebook's business model is basically, "we built an online hang out for you to you play in, so go play; however, everything you do in our playroom is subject to our rules and we may change them at anytime so we can… [read post]
17 Apr 2010, 7:30 am by Daniel Solove
One of the most frequent questions I get asked when talking about my book, The Future of Reputation: Gossip, Rumor, and Privacy on the Internet is what to do about the troublesome younger generation which “doesn’t seem to care about privacy.”  “Those foolish kids,” some people say, “they have no concept of privacy.  They just bare their whole lives on the Internet.  Privacy is a generational thing, and the new generations just don’t give a damn.” Do young people care about… [read post]