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Unmanned Aircraft Systems and Oil and Gas Operations—Q and A

The desire to use unmanned aircraft systems (UAS) in commercial operations is steadily building. A wide variety of businesses would like to use these devices to improve efficiency and safety, and reduce costs. One field that...more

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

Supreme Court Hears Argument on States’ Ability to Exclude Public Records Access for Non-Citizens

On February 20, 2013, the U.S. Supreme Court heard oral argument in McBurney v. Young, No. 12-17, a case with potentially major implications for businesses that use state freedom of information acts (FOIAs) to obtain...more

EU Proposed Directive on Network and Information Security

On 7 February, the European Commission (EC) published an EU Cyber Security Strategy encompassing a proposed Directive on Network and Information Security (NIS Directive). The aim of the Strategy and NIS Directive is to...more

Recent Privacy Developments: California AG Continues to Lead on Mobile with New Recommendations and FTC Amends COPPA

Nearly all businesses today are involved in some way in the development or distribution of mobile applications. The first part of this Client Alert highlights recent activities of the California State Attorney General to...more

California Attorney General Announces Privacy Recommendations for Mobile Apps and the Mobile Industry

Yesterday Kamala Harris, California's Attorney General, issued Privacy on the Go: Recommendations for the Mobile Ecosystem. The report and recommendations are intended to encourage app developers and others in the mobile...more

Privacy in Latin America

Originally published in Privacy & Security Law Report on January 7, 2013. The privacy landscape in Latin America is undergoing significant changes. With the enactment or implementation of laws in Colombia, Costa Rica,...more

California’s Attorney General Releases Privacy Recommendations for Mobile Apps

California’s Attorney General released, on January 10, 2013, a lengthy set of recommended privacy practices aimed at app developers, app platform providers, mobile ad networks, operating system developers, and mobile...more

Canada’s Anti-Spam Law (CASL) – Proposed New Regulations Would Soften Impact

Draft Regulations recognize CASL should not apply to ”regular business communications” Industry Canada has published long-awaited draft Regulations that would lessen the impact of Canada’s Anti-Spam Law (CASL) on...more

New Draft Regulations Soften Impact of CASL, but Concerns about Jobs and Compliance Costs Remain

Revised draft regulations under Canada’s anti-spam legislation (CASL) have been issued by Industry Canada. While the draft regulations provide some relief to businesses, Industry Canada has elected not to address concerns...more

Data Privacy And Security Risks

If there is one issue which causes sleepless nights for business executives, it has to be data privacy and security. While the laws are still being updated and drafted for new technologies and new threats, businesses need to...more

Privacy Resolutions for Mobile App Providers in the New Year

The end of 2012 saw a flurry of activity in the area of privacy enforcement. In July, Kamala Harris, the Attorney General of California, announced the formation of California's own state agency to investigate and enforce the...more

No Right To Audio Recording Or Customer Service Representative’s Name: OPC Guidance On Access Rights

On December 13, 2012, the Office of the Privacy Commissioner of Canada released Report of Findings #2012-004 (August 22, 2012) relating to the unauthorized disclosure to an imposter of a cell phone customer’s account...more

Increasing Scrutiny of Consumer Data Collection

Recent FTC and California Attorney General actions highlight the need to reassess privacy policies. The Federal Trade Commission (FTC) recently ordered the data brokerage industry to provide information on the collection...more

Obtaining Consent To The Use Of Credit Scores: OPC Provides Guidance

On December 19, 2012, the Office of the Privacy Commissioner of Canada released Report of Findings #2012-005 (dated April 27, 2012) regarding obtaining meaningful consent to the use of information provided to credit reporting...more

Private Eyes Are Watching You – California Files Its First Internet Consumer Privacy Enforcement Action

Last month, the State of California filed its first enforcement action under its privacy laws against Delta Air Lines, seeking potentially millions of dollars in fines. Under California’s consumer privacy law, all parties...more

Five Data Governance Matters To Address In 2013

It is 2013, and time for a bit of tough love. Here are five data governance matters that need your attention as soon as possible....more

Privacy Policies Now a Must for Mobile Apps

California has long been a leader in privacy legislation. That position was strengthened recently when the California Attorney General filed a first-of-its-kind lawsuit against a company for its failure to include a privacy...more

New York Consumer Privacy Bill Takes Effect

Last week, a New York law designed to protect consumers’ social security numbers took effect. As previously reported, Assembly Bill 8992 prohibits private businesses from conditioning the provision of services on a...more

The Retail Point Of Sale Goes Mobile

Mobile point-of-sale payment terminals have experienced explosive growth over the past year. Unlike a traditional point-of-sale terminal, a mobile terminal communicates wirelessly when processing payment cards. There are...more

Déjà Vu All Over Again: California Federal Court Finally Tells Merchants When They Can Ask Consumers for Personal Infomation - But...

A federal judge in the U.S. District Court for the Eastern District of California issued an opinion Dec. 17, 2012, that seems to answer definitively a question that has weighed on the minds of California merchants for the...more

Beyond The Privacy Policy: New Guidance

On September 5, 2012, the Information and Privacy Commissioner of Ontario (“IPC”) released a new guidance paper, entitled “A Policy is Not Enough: It Must be Reflected in Concrete Practices”. This guidance paper will be...more

FTC. v. Wyndham Litigation

The Federal Trade Commission (“FTC”) has been active in recent years pursuing companies that suffer data security breaches and arguably failed to live up to the data security standards promised in their privacy policies....more

CSBS Joins With Federal Authorities To Combat Corporate Account Takeover

On December 7, the Conference of State Bank Supervisors announced a joint effort with the U.S. Secret Service (Secret Service) and the Financial Services-Information Sharing and Analysis Center (FS-ISAC) to assist financial...more

California AG Files First Suit for Alleged Mobile App Privacy Policy Violations

After serving notice that mobile app companies must comply with California's online privacy statute, last week Attorney General Kamala Harris filed the first of what is likely to be many suits against companies that develop,...more

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