June 28, 2018 will be a watershed day in the history of U.S. data privacy legislation. California has become the first state to move away from the U.S. approach of legislating data privacy in slow bits. Yesterday, both houses...more
6/29/2018
/ Consumer Protection Laws ,
Data Collection ,
General Data Protection Regulation (GDPR) ,
Governor Brown ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Portability ,
Private Right of Action ,
Right to Be Forgotten ,
State and Local Government
Answering the centuries’ old question, it appears it is the Federal Trade Commission (“FTC”) that watches the watchmen. The FTC sent warning letters to a pair of foreign app developers cautioning them that their practices of...more
5/9/2018
/ COPPA ,
Corporate Counsel ,
Data Collection ,
Data Protection ,
Federal Trade Commission (FTC) ,
Guidance Update ,
Mobile Apps ,
Online Safety for Children ,
Parental Consent ,
Personally Identifiable Information ,
Smart Devices ,
Website Owner Liability ,
Websites
In case you had not heard, the European Union is replacing its current privacy laws with a new, comprehensive General Data Protection Regulation (GDPR), which takes effect May 25, 2018. The essential principles of the EU’s...more
2/13/2018
/ Cybersecurity ,
Data Breach ,
Data Collection ,
Data Processors ,
Data Protection ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
Health Care Providers ,
International Data Transfers ,
Life Sciences ,
Medical Records ,
Personal Data ,
Personally Identifiable Information ,
Third-Party Service Provider ,
US-EU Safe Harbor Framework
Has your company recently beefed up its employee identification and access security and added biometric identifiers, such as fingerprints, facial recognition, or retina scans? Have you implemented new timekeeping technology...more
11/6/2017
/ Attorney's Fees ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Consent Agreements ,
Data Collection ,
Employer Liability Issues ,
Statutory Damages ,
Timekeeping ,
Wage and Hour ,
Written Consent
Recently, Uber agreed to a proposed Federal Trade Commission (FTC) consent order (“Consent Order”) to settle charges in an FTC complaint (“Complaint”) regarding behavior stemming back to at least 2014. Acting Chairman Maureen...more
8/25/2017
/ Consent Order ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
FTC Act ,
Misrepresentation ,
Personally Identifiable Information ,
Popular ,
Uber
Recently, the Electronic Privacy Information Center (“EPIC”) asked the FTC to begin an investigation into a Google program called “Store Sales Management.” The purpose of Store Sales Management is to allow for the matching...more
If you are a retailer with locations in New Jersey, you will need to review your procedures in anticipation of a new law effective October 1, 2017....more
Wearable technology continues to do a full court press on the marketplace and in the process, the step counters of the world and health apps tied to devices capable of tracking real-time biostatistics, are revolutionizing the...more
“Don’t make promises that you don’t intend to keep” is an admonishment received by every child and delivered by every parent. This pithy maxim is equally applicable to consent orders entered into with regulatory authorities....more
3/22/2017
/ Breach of Contract ,
Civil Monetary Penalty ,
Consent Order ,
Cookies ,
Data Collection ,
Disclosure Requirements ,
Failure to Comply ,
Failure To Disclose ,
Federal Trade Commission (FTC) ,
Privacy Policy ,
Rewards Programs ,
Settlement
What does your TV-watching history say about you? According to a recent lawsuit against VIZIO, Inc., it might be more than you think! One of the world’s largest sellers of “smart” televisions has recently paid a $2.2 million...more
2/14/2017
/ Data Collection ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Personal Data ,
Prior Express Consent ,
Privacy Concerns ,
Smart Devices ,
Technology ,
Technology Sector ,
Television Programming ,
Tracking Systems ,
VIZIO
Google’s recent changes to its privacy policy are coming under fire from a complaint filed late last year with the Federal Trade Commission (“FTC”) that accuses the company of downplaying “transformational change” in its...more
Developers and operators of educational technology services should take note. Just before the election, California Attorney General Kamala Harris provided a document laying out guidance for those providing education...more
Imagine you are the CEO of company sitting across from an interviewer. The interviewer asks you the age old question, “So tell me about your company’s strengths and weaknesses?” You start thinking about your competitive...more
According to the FBI, “there are only two types of companies: those that have been hacked and those that will be.” It does not take an actual data breach, however, for a company to be liable for its data security practices. ...more
7/20/2016
/ Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Security ,
Dwolla ,
FinTech ,
FTC v Wyndham ,
Hackers ,
Personal Data ,
Privacy Laws
Colorado is the latest state to revisit, and expand upon, its laws pertaining to the use and protection of student data. Colorado Governor John Hickenlooper recently signed into law House Bill 16-1423 (the “Bill”) designed to...more
California again has provided a model of privacy legislation for other states to follow. New Hampshire Governor Maggie Hassan recently signed into law House Bill 520 (the “Bill”), a bipartisan effort to establish guidelines...more
On Thursday, April 23, the FTC settled deception charges against start-up Nomi Technologies, Inc. related to Nomi’s in-store, sensor-based, tracking technology.1 This is the first FTC enforcement action against emerging...more
Some privacy & security bits and bytes to start your week:
FCC to Hold Public Workshop on Broadband Consumer Privacy Tomorrow -
Over the last several months, the Federal Communications Commission has taken on a...more
4/28/2015
/ Broadband ,
Customer Proprietary Network Information (CPNI) ,
Cybersecurity ,
Data Collection ,
Data Protection ,
FCC ,
Federal Communications Act ,
Internet ,
Mobile Broadband Services ,
Mobile Devices ,
Securities and Exchange Commission (SEC)
Not only is it Privacy Tuesday but yesterday was – OPENING DAY! After this long, long winter … welcome back baseball!
It’s usually an end-of-season tradition for some baseball writers and announcers, but I like to...more
Facebook does it. Google does it. It’s everywhere in the mobile ad ecosystem. And your smartphone does it often than you know, according to a study released on Monday by Carnegie Mellon....more
Taking another “step” toward developing comprehensive privacy legislation, the White House has released a discussion draft of the Consumer Privacy Bill of Rights Act of 2015. The draft reflects the Fair Information Practice...more
Eager to retain its spot among the principal laboratories for domestic privacy legislation, California’s legislature is set to debate Senate Bill 178, legislation restricting state law enforcement agencies from requesting...more
The Federal Trade Commission (FTC) has made good on its promise to actively enforce the recently amended Children’s Online Privacy Protection Act (COPPA). Here is what you should know about the latest enforcement actions...more
Welcome to another week, and our Privacy Tuesday look at top issues.
California Attorney General Puts the Focus on the Consumer -
As we have discussed, the California Online Privacy Protection Act was amended,...more
Despite the government shutdown, the Supreme Court is in for the 2013-2014 session. There are a couple of privacy cases on the agenda.
U.S. v. Wurie and Riley v. California -
At issue: Separate appeals over...more
10/8/2013
/ Cell Phones ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Federal Trade Commission (FTC) ,
Initial Public Offering (IPO) ,
Privacy Policy ,
SCOTUS ,
Search & Seizure ,
Search Warrant ,
Twitter