Consumer Protection Privacy

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Emerging Technologies Push the Boundaries of Privacy Law

As technology developers continue to push the envelope on services and applications affecting the daily lives of consumers, the intersection of technology and privacy is becoming increasingly fraught with legal implications...more

COPPA Update: Ask and Ye Shall Receive…Actual Knowledge

Online services that ask for the age of users as part of the registration process will be deemed to have “actual knowledge” of that information. Whether or not one’s site is directed to children, a registration process that...more

Financial Services Report - Fall 2014

In This Issue: - Beltway Report - Bureau Report - Mobile and Emerging Payments Report - Mortgage and Fair Lending Report - Operations Report - Preemption Report - Privacy...more

Breaking News: The COPPA Enforcement Actions Are Here!

As we predicted in prior blog posts, the Federal Trade Commission has begun its vigorous enforcement of the Amended COPPA Rule. And one of the players is not a child-related site, so read on. The Commission just announced ...more

QATAR: Promulgating the Cybercrime Prevention Law

On 15 September 2014, Qatar’s Emir approved Law No. 14 of 2014, The Cybercrime Prevention Law (“Cybercrime Law”). Although it has not yet been published in Qatar’s Official Gazette, the text of the law was published in the...more

Why Worry About a Little Skimmer?

Merchants—rightfully so—are worried about securing their payment card environments so that their name does not appear in a headline discussing how millions of cards were stolen from them. Faced with the challenge of...more

Are You Ready? The EU “Cookie Sweep” Is Upon Us

This week, European authorities will be conducting a "cookie sweep" consisting of random checks of websites to ensure that they are complying with European Union (EU) "cookie" laws....more

Yikes, Yelp! Targeted In FTC’s Stepped Up Enforcement of Children’s Privacy – General Audience Services Take Heed

Signaling a predicted renewal of enforcement of the federal children’s privacy law following broad expansion last year of who and what is covered by the rules, the FTC has filed and settled two recent law suits against mobile...more

Healthcare Legal News: Volume 4, Number 3 - Special Issue: HIPAA Update

Recent Trends in HIPAA Liability - Since the passage of the 2013 HIPAA Omnibus Rule, there has been a substantial increase in HIPAA enforcement actions brought by the Department of Health and Human Services, including...more

The ADR Provisions of EU Privacy Laws

Companies doing business globally have a variety of complex issues to deal with, not the least of which is concern about the security of personal data collected from their customers. In 1995, the European Union issued...more

Why Are Companies Getting Sued Under the Video Privacy Protection Act? - Minimizing Your Company's Risk of a VPPA Lawsuit...

Plaintiffs' class action attorneys have filed a cascade of recent Video Privacy Protection Act (VPPA) suits against major brand names. These suits can present a significant exposure because the VPPA provides for statutory...more

Recent Amendments to the Procedure of Personal Data Processing in Russia

Federal Law No. 242-FZ "On Amendments to Certain Legislative Acts of the Russian Federation for Clarification of the Procedure of Personal Data Processing in Information and Telecommunication Networks" (the "Federal Law No....more

France About to Embark on a Cookies Sweep Day

Impending sweep day to verify compliance with guidelines on cookies - During the week of September 15–19, 2014, France’s privacy regulator, the Commission Nationale de l’Informatique et des Libertés (CNIL), is...more

FTC Approves iKeepSafe Program as COPPA Safe Harbor

The Federal Trade Commission (FTC) has approved iKeepSafe as a self-regulatory "safe harbor" program under the Children's Online Privacy Protection Act (COPPA). The FTC's COPPA Rule requires, among other things, that online...more

A New Sheriff in Town: Federal Trade Commission Enforcement of Medical Information Security

A recent court decision found that the Federal Trade Commission (FTC) has authority to enforce the requirements for security of Protected Health Information, or PHI, as defined under the Health Information Portability and...more

FTC Final Orders with Fandango and Credit Karma Provide Guidance on Mobile App Security

In August 2014, the Federal Trade Commission (“FTC”) approved final orders resolving its actions against Fandango, LLC (“Fandango”) and Credit Karma, Inc. (“Credit Karma”) for allegedly misrepresenting the security of their...more

Between the "Like" Button and a Hard Place: Understanding the Implications of Hulu's Latest Argument Against User's Privacy...

Companies commonly utilize Facebook as part of their online social media advertising strategy. Companies should revisit this strategy in light of a recent finding in the Northern California U.S. District Court (In re Hulu...more

Credit Unions Continue to Demand New Data Security Standards for Retailers and Right to Recover Losses After a Breach

On September 3, 2014, following the news of a possible breach at Home Depot (which was confirmed on September 8), the National Association of Federal Credit Unions (NAFCU) called on Congress to enact new legislation to hold...more

HIPAA Breaches: What They Are and What You Can Do to Protect Your Clients

45 CFR §§ 164.400-414– otherwise known as the HIPAA Breach Notification Rule– requires all entities and businesses covered by HIPAA to disclose any breaches of unsecured protected health information (PHI). In order to protect...more

Update Your Business Associate Agreements Now

As you may recall, new provisions of the HIPAA regulations went into effect on September 23, 2013. Included were new requirements for Business Associate (BA) Agreements. The new regulations, however, grandfathered certain...more

Cybersecurity Litigation Monthly Newsletter

As we discussed in July, Tiversa, a “cyber-intelligence” company, notified the FTC in 2009 that a file containing the personal information of about 9,300 LabMD patients was available on a peer-to-peer file sharing network....more

Brazilian Regulators Slap $1.59 Million Fine on Telecom Giant Oi, Alleging Violations of Users’ Privacy Rights

As a reminder of the transnational nature of online data collection-and the ever-expanding web of regulatory bodies stepping in to monitor how information is collected and used-Brazilian regulators announced that they had...more

To Speak Or Not To Speak About A Data Breach

I recently posted about some companies making the decision to not announce when a data security breach has occurred, or at least they would think twice before announcing. According a couple crisis communication experts, that...more

Privacy Top Five: Issues And Concerns In The First Six Months Of The Apps

That is, on receiving the personal information from a third party, you must contact each individual whose personal information you have now “collected” and notify them of the mandatory matters specified in the APPs, if such...more

Right to be forgotten and the Google Advisory Council in Rome: main takeaways

As you all remember, last May the European Court of Justice ruled that Google must allow the de-indexing of web pages containing personal data, further to a lawful enforcement by the relevant data subjects of their right to...more

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