Privacy Matters

DLA Piper's Global Privacy and Data Protection Resource

Ninth Circuit Approves Provisional Class Action Certification in TCPA Class Action, Defines “Prior Express Consent”

1 February 2019 / , ,

Written by Joshua Briones and Ana Tagvoryan The Ninth Circuit has issued a pro-plaintiff ruling, in Meyer v. Portfolio Recovery Assocs., LLC, which upholds a preliminary injunction against a defendant and defines the meaning of “prior express consent” in the context of a Telephone Consumer Protection Act class action collection case. The TCPA’s restrictions on telephone solicitations:  The TCPA restricts calls using …

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Mobile App Providers Warned — Post Privacy Policies

5 February 2019 /

By Jennifer Kashatus The California Attorney General has made good on her promise to apply the state’s privacy laws to mobile app providers.  Under the California Online Privacy Protection Act, operators of commercial websites and online services that collect personal information are required to conspicuously post privacy policies.  Attorney General Kamala Harris has stated that the law …

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FTC Publishes Guidelines Designed to Assist Mobile App Providers with Privacy Compliance

5 February 2019 / ,

By Jennifer Kashatus Earlier this month, the FTC published guidelines designed to assist mobile app providers in complying with privacy and truth-in-advertising principles.  In the guidelines, the FTC walks through certain privacy principles, which it set forth in its Privacy Report issued last March.  Specifically, the FTC encourages mobile app providers: to incorporate privacy principles into the design …

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FTC Proposes Additional Revisions to COPPA Rules — Comments Due September 10, 2012

5 February 2019 /

By Jennifer Kashatus The Federal Trade Commission (FTC) has sought comment on additional revisions to its rules implementing the Children’s Online Privacy Protection Act (COPPA).  In September 2011, the FTC sought comment on proposed revisions to the COPPA rule, including changes to the definition of personal information.  For our advisory on the FTC’s prior modifications, click here.  Having received more …

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EU data protection regulators provide guidance on cloud computing

1 February 2019 / ,

By Patrick Van Eecke, Carol A.F. Umhoefer and Cameron Craig On 1 July 2012, the EU Article 29 Data Protection Working Party (WP 29) issued its long awaited Opinion 05/2012 on Cloud Computing (Opinion). In this document the WP 29 identifies a number of key data protection compliance issues that may arise in relation to …

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New DLA Piper Handbook Available Online: A Snapshot of the World’s Data Protection Laws

1 February 2019 / ,

By Jim Halpert DLA Piper is delighted to provide you with the first edition of the Data Protection Laws of the World Handbook 2011/2012. The Handbook offers a high-level snapshot of national data protection laws as they currently stand in 58 jurisdictions across the world. It provides a quick overview of the aspects of data protection law that are often of …

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

1 February 2019 / ,

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

1 February 2019 / ,

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

5 February 2019 / , ,

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

5 February 2019 /

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

5 February 2019 / ,

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

1 February 2019 / ,

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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