Privacy

FTC to Hold Workshop Re Online Data Collection

By Jennifer Kashatus Tomorrow, Thursday, December 6, the Federal Trade Commission (FTC) will hold a workshop examining privacy implications for online data collection.  Among other issues, in its Privacy Report issued in March earlier this year, the FTC highlighted that it intended to focus on five action items in 2012, including:  Do Not Track, Data Broker …

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Australia Strengthens Privacy Laws: The Implementation Period Will Fly By, Companies Doing Business in Australia Take Note

Finally, the Privacy Amendment (Enhancing Privacy Protection) Bill 2012 (Bill) passed on 29 November in Australia, which, as noted in an earlier update, significantly toughen the Privacy Act 1988 (Cth) and increase the obligations on organizations (both government agencies and businesses) that collect or deal with personal information in Australia or from Australian residents. The Privacy Commissioner, Mr Timothy Pilgrim, said of …

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Mobile Apps and Privacy — A Global Issue: Are you in Compliance with Australian Privacy Law?

By Alec Christie At the end of October, we talked about the California Attorney General’s enforcement of its privacy laws against mobile app providers, noting that the California AG sent letters to numerous mobile app providers alleging that they were in violation of California law by failing to maintain a privacy policy for the app. We emphasized that app providers should …

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

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

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

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

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

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

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

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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