Christin McMeley

Christin McMeley

Davis Wright Tremaine LLP

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Cybersecurity Legislation Focuses on Federal Government Initiatives – Leaves Private Sector Reforms for 2015

One of the few things the parties in Congress can agree upon these days is cybersecurity – at least when it comes to directing the federal government’s cyber activities. In its final days, the 113th Congress reached agreement...more

12/19/2014 - CISA Cybersecurity DHS FISMA Legislative Agendas NIST

California Attorney General Releases Breach Report with Key Findings and Recommendations for Retailers, Financial Institutions and...

California Attorney General Kamala D. Harris has released a “California Data Breach Report,” which presents a series of findings and recommendations based on a review of breaches reported to the Attorney General’s office in...more

10/30/2014 - Best Management Practices Cybersecurity Data Breach Data Protection Financial Institutions Health Care Providers Information Reports Internet Retailers Kamala Harris Retailers

FTC Releases 2014 Privacy and Data Security Update, Touting Its Efforts and Achievements in Protecting Consumer Privacy

Last week, the Federal Trade Commission (FTC) released its 2014 Privacy and Data Security Update, summarizing the FTC’s major enforcement actions, policy initiatives, rules, reports, workshops, and outreach efforts in the...more

7/2/2014 - Cybersecurity Data Protection Enforcement Enforcement Actions FTC Privacy Laws

Managing Risk in an Inhospitable Environment: The Restaurant and Hospitality Industries are an Alluring Destination for Cyber...

The recent onslaught of cybersecurity incidents and payment card thefts dominate daily headlines and have captured the nation’s attention—from the diner whose credit card was compromised during a data breach to the President...more

6/20/2014 - Cyber Attacks Data Breach Data Protection Hospitality Industry Popular Restaurant Industry Risk Management

“Getting to Know You, Getting to Know All About You…” FTC Data Brokers Report Calls for More Industry Transparency, Regulation in...

“You may not know them, but data brokers know you,” Federal Trade Commission (FTC) Chairwoman Edith Ramirez said when she announced the release of the Commission’s newest report on the data broker industry. And in the FTC’s...more

6/20/2014 - Data Brokers FTC Information Reports Personally Identifiable Information Risk Mitigation Transparency

“Like” It Or Not—It May Not Matter

Recently, a magistrate judge in the Northern District of California confirmed what many already believed: that information disclosed to third parties without appropriate consent or pursuant to a permitted exception “must...more

5/7/2014 - Consent Facebook Hulu Online Videos Privacy Laws VPPA

Kentucky Enacts Data Breach Notice Law That Adds Extra Protection for Student Information while inBloom Withers

The world of the 1987 movie Robocop largely remains science fiction – except, perhaps the central character’s ability to access massive amounts of confidential personal data through the strike of a keyboard or even his helmet...more

5/2/2014 - Breach Notification Rule Data Breach Data Protection Student Records Students

Part III: Has Congress Spoken and Does It Really Matter? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police...

In the first and second parts of this series, we provided a summary of the District Court of New Jersey’s recent decision in FTC v. Wyndham Worldwide Corp. and then focused on whether the FTC has given “fair notice” to...more

4/18/2014 - Data Protection FTC Jurisdiction Wyndham

Part II: Fair Notice or No Notice? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data Security

In our first blog in this series, we provided a summary of the District Court of New Jersey’s recent decision in FTC v. Wyndham Worldwide Corp., in which Judge Salas confirmed the FTC’s authority to bring enforcement actions...more

4/14/2014 - Data Protection FDA FTC Jurisdiction Wyndham

Part I: The Elephant Emerges From the Mousehole: The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data...

In support of its motion to dismiss the FTC’s complaint alleging data security deficiencies in violation of Section 5 of the FTC Act, Wyndham Worldwide Corporation cited the Supreme Court’s opinion in Whitman v. American...more

4/10/2014 - Corporate Counsel Cybersecurity Data Protection FTC Trucking Industry Wyndham

FCC Sends Its Own Message with TCPA Declaratory Rulings

The Federal Communications Commission (FCC) has issued two declaratory rulings interpreting the Telephone Consumer Protection Act (TCPA) as applied to prerecorded calls and autodialed calls and texts to cell phones. While the...more

3/31/2014 - FCC Robocalling TCPA

California Bill Would Create Cyber Security Commission

In recognition of the increasing threat that cyber-attacks pose to the state's infrastructure and the considerable costs that government and private sectors are estimated to spend on cyber security (more than $70 billion...more

3/14/2014 - CPUC Cyber Attacks Cyber Threats Cybersecurity Cybersecurity Framework DHS NIST

The Anonymization/De-identification Debate Moves to the FCC

As explained in our recent PrivSec blog post, on Dec. 11, 2013, a coalition of privacy advocates led by Public Knowledge filed a Petition for Declaratory Ruling with the FCC that, if granted, would significantly expand the...more

1/7/2014 - Data Collection FCC Internet Personally Identifiable Information Privacy Laws Telecommunications

Denied Again: Alleged Violation of Statute is Enough for Hulu Privacy Case to Proceed

On December 20, 2013, the U.S. District Court for the Northern District of California issued an order in In re: Hulu Privacy Litigation that solely addressed the issue of whether the Video Privacy Protection Act (the “VPPA”)...more

12/27/2013 - Class Certification Confidential Information Hulu Personally Identifiable Information Privacy Disclosures Video Privacy Video Privacy Protection Act

PCI DSS 3.0: Business as Usual?

In the past, critics of the Payment Card Industry (PCI) Data Security Standard (DSS) have alleged that the DSS requirements either (1) provide little more than a minimal baseline for security with a “check-the-box” compliance...more

12/17/2013 - Cloud Computing Compliance Credit Cards Data Protection DSS PCI Retailers

Federal Lawmakers Revive Do Not Track Kids Legislation

A bipartisan, bicameral effort is again underway to extend current law and impose new restraints on the online tracking of children and teens under the age of 16. As promised, on Thursday, Nov.14, 2013, Senator Edward Markey...more

11/18/2013 - COPPA Do Not Track FTC Internet Minors Privacy Laws

SCOTUS Denies Cert in Challenge to Facebook's "Beacon" Class Action Settlement

The U.S. Supreme Court has declined to review a case challenging the fairness of a cy pres settlement of a class action against Facebook related to Facebook’s “Beacon” program that was launched in late 2007. Although the...more

11/6/2013 - Certiorari Class Action Facebook SCOTUS Settlement

Update: Google Not Going Down Without a Fight

Google is seeking further review in two cases we wrote about last week on alleged Wiretap Act violations. In the Gmail case, where Google was charged with improperly reviewing subscribers’ emails, Google asked Judge Koh to...more

10/14/2013 - Cookies Data Collection Data Protection Email Google Wiretapping

What’s in Your Privacy Policy?—Google’s Insufficient to Dismiss Class Action Claims

Last week, a California federal judge allowed a class action to move forward challenging Google’s scanning of emails and targeted email advertising, rejecting Google’s claims of express and implied consent in its Terms of...more

9/30/2013 - Advertising Class Action Email Google Implied Consent Privacy Policy Terms of Service Wiretapping

Protecting Your Business with Strong Operational Privacy Controls

For decades basic requirements to secure business records have been rooted in various legal silos, from corporate governance to rules of evidence to the discrete privacy rules that govern select technologies. Today, however,...more

9/20/2013 - Business Records Critical Infrastructure Sectors Cybersecurity Data Protection FTC HHS Personally Identifiable Information PHI

CA Legislation Will Require Commercial Websites to Disclose “Do Not Track” Practices

Last week the California State Senate and Assembly passed AB 370, a bill to amend the California Online Privacy Protection Act (CalOPPA) that would require operators of commercial websites or “online services” to disclose how...more

9/5/2013 - CalOPPA Do Not Track Enforcement Internet Jerry Brown New Legislation Privacy Laws Web Tracking Websites

Federal Data Breach Legislation Introduced, But Will It Go Anywhere?

Last week Senator Pat Toomey (R-PA), along with one Independent and six other Republican Senators, introduced the “Data Security and Breach Notification Act of 2013.”...more

6/25/2013 - Covered Entities Data Breach Data Protection FTC Personally Identifiable Information Preemption Proposed Legislation

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