FTC Issues Final Privacy Report — Sets forth Best Practices, Calls for Legislation

On March 26, 2012, the Federal Trade Commission (FTC) issued a report, “Protecting Consumer Privacy in an Era of Rapid Change:  A Proposed Framework for Business and Policymakers,” in which it sets forth best practice recommendations for businesses that obtain consumer data–both online and online–and sketches out an active legislative and FTC workshop agenda on …

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Maryland General Assembly Tells Employers That They Cannot Request Social Network Passwords

By Jennifer Kashatus The Maryland General Assembly has passed a bill, which, if signed into law by the Governor, would prohibit employers from requesting social network log in information from employees and prospective employees. The bill also prohibits employers from taking, or threatening to take, action against employees that refuse to provide social network passwords. …

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March 1 Is Deadline to Update Vendor Agreements in Compliance with Massachusetts Data Security Regs

By Jennifer Kashatus Businesses that own or license any personal data regarding Massachusetts residents have until March 1, 2012, to update vendor agreements to include requirements that vendors implement and maintain a data security program that complies with 201 Code of Mass. Reg. 17.00. In 2008,Massachusetts enacted the Regulations – a set of comprehensive and detailed data …

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FTC Report Finds Mobile Applications for Children May Not Be Fulfilling Privacy Obligations

By Jennifer Kashatus On February 16, the Federal Trade Commission (FTC) issued a staff report summarizing current privacy disclosures in mobile applications (mobile apps) targeted to children.  To better understand mobile apps directed to children, the FTC conducted a survey of certain apps offered for children.  FTC staff focused on types of apps offered to children, age range …

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Massachusetts Court Dismisses Suit but Finds Zip Code is Personal Identification Information

By Jennifer Kashatus On January 6, 2012, the United States District Court for the District of Massachusetts granted Michaels Stores, Inc.’s (Michaels) motion to dismiss against a consumer-plaintiff who had alleged that Michaels in-store information collection practices violated Massachusetts law.  Although the Court ruled in Michaels favor, the Court did find a zip code constituted personal …

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EU Proposes New Data Protection Law — Potentially Significant Implications for US Companies Doing Business in the EU

by Patrick Van Eecke, Cameron Craig and Jim Halpert Viviane Reding, European Commission Vice-President and Commissioner responsible for justice, fundamental rights and citizenship, has announced the long-awaited Proposal for a new Data Protection Regulation. The Proposal, announced December 6, has now entered into inter-service consultation with other Commission Directorates-General, after which the text will be considered by the Parliament …

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