Privacy, Commercial Law & Contracts, Communications & Media Law

Beyond Privacy Policies: Practical Privacy For Web Sites And Mobile Apps

by Anne Davies Newman | Pepper Hamilton LLP on 5/21/2013

In this environment of growing attention to the risks of data security breaches, and in the midst of an explosion of mobile applications that make data storage an increasingly far-flung proposition, many organizations assume...more

Court Dismisses California AG’s First Suit Against Mobile Application Provider Under Online Privacy Protection Act

by BuckleySandler LLP on 5/21/2013

On May 9, the Superior Court of California dismissed California Attorney General Kamala Harris’ first suit against a company for allegedly failing to comply with the state’s Online Privacy Protection Act. California v. Delta...more

FCC Rules Sellers May Be Vicariously Liable for Third-Party Telemarketers’ Violations of Telephone Consumer Protection Act

by Jim DeGraw, David McIntosh, Doug Meal, Mark Szpak | Ropes & Gray LLP on 5/20/2013

The Federal Communications Commission (“FCC”) recently declared that sellers of products and services can be held vicariously liable for actions of third-party telemarketers that violate the Telephone Consumer Protection Act...more

Busy at Work: California Legislature Addressing Data Privacy Concerns with Data Privacy Law

by Lisa Kim, Joshua Marker, Sarah Woo | Reed Smith on 5/15/2013

The California legislature is busily at work, staying at the forefront with the development of data privacy laws. More than 15 bills related to data privacy concerns are currently making their way through the legislature, and...more

July 1 COPPA Compliance Deadline is Approaching

by Julia Siripurapu | Mintz Levin - Privacy & Security on 5/15/2013

Today, the FTC sent more than ninety (90) “educational” letters to domestic and foreign businesses whose Web sites and online services (including mobile apps) appear to collect personal information from children that are 12...more

Enter, the APPS Act

by Amy Malone | Mintz Levin - Privacy & Security on 5/14/2013

U.S. Rep. Hank Johnson, a Democrat from Georgia, has introduced a mobile privacy bill that if passed will require mobile application developers to maintain privacy policies, obtain consent from consumers before collecting...more

Big Regulation’s Big Data

by Richik Sarkar on 5/8/2013

In March 2012, the Obama Administration announced its Big Data Research and Development Initiative. The program involves a total of over $200 million in new commitments from several departments and agencies to improve the...more

Why Do I Have To Agree To Your Privacy Notice? And Other Curiosities

by Tim Banks | Dentons on 5/2/2013

There are a number of curious features to the Privacy Notice splash page for Canada’s new online tool for making access to information (ATIP) requests....more

Finally – Video Privacy Protection Act Amended for the Internet Era

by Scott Atkinson | Carr, McClellan, Ingersoll, Thompson & Horn -... on 5/1/2013

Overview - On January 10, 2013, President Obama signed into law amendments to the 1988 Video Privacy Protection Act (VPPA) that facilitate social media sharing of video viewing preferences when users consent to...more

Spam Smart Tip: Transition Period Balm For The Compliance Sting

by Tim Banks | Dentons on 4/26/2013

Transition periods for new legislation are often critical in taking the sting out of compliance costs. But some transition periods are better than others. In the case of Canada’s Anti-Spam Legislation (CASL), organizations...more

Homework For The Privacy Commissioner Of Canada: Guidelines To Follow

by Tim Banks | Dentons on 4/24/2013

The House of Commons Standing Committee on Access to Information, Privacy and Ethics tabled its Report, entitled “Privacy and Social Media in the Age of Big Data” on April 23, 2013....more

FCC Grants Charter Waiver of Set-Top Box Integration Ban for Downloadable Security

by Paul Glist, Paul B. Hudson | Davis Wright Tremaine LLP on 4/19/2013

On April 18, 2013, the Federal Communications Commission (FCC) Media Bureau granted Charter Communications a two-year waiver of the “integration ban” requirement (that most leased set-top boxes include CableCARDs), in order...more

Retailers Should Use Caution In Collecting Zip Codes From Consumers

by Mark Bross | Adler Pollock & Sheehan P.C. on 4/15/2013

In a recent decision, Tyler v. Michaels Stores, the Supreme Judicial Court of Massachusetts ("SJC") has increased the risk of class action lawsuits under M.G.L. c. 93A against retailers who collect consumers' ZIP codes during...more

A Cautionary Tale: EU Probing Google for Possible Privacy Violations

by Jeff Ifrah on 4/8/2013

The increasing difficulties faced by internet providers and data gatherers in the international realm have yet again come to the fore. Privacy regulators in France, Germany, Spain, the Netherlands, the United Kingdom and...more

Massachusetts Supreme Court Rules ZIP Codes Are Definitely “Personal Identification Information”

by Erin Aures | Proskauer - Privacy & Data Security on 4/1/2013

In a recent ruling arising from certain certified questions in Tyler v. Michaels Stores, Inc., Civ. No. 11-10920-WGY (D. Mass. Jan. 6, 2012, the Massachusetts Supreme Court interpreted “personal identification information”...more

Massachusetts Follows California in Finding Retailers Vulnerable to Suit for Collecting Zip Codes in Credit Card Transactions

by Michael von Ansbach-Young | BakerHostetler on 3/26/2013

Earlier this month, the Massachusetts Supreme Court issued an opinion holding that zip codes “may well qualify” as personally identifiable information under the Massachusetts law controlling the treatment of PII in credit...more

Cyber Risks: Creating A Comprehensive Cyber Insurance Program

by Katherine Dawson Varholak, Brooke Yates | Sherman & Howard L.L.C. on 3/21/2013

Insurance is one important line of defense companies can use to protect against the potentially devastating costs of responding to cyber breaches. The following list gives examples of insurance coverage to consider when...more

LinkedIn Data Breach Lawsuit Dismissed For Lack Of Standing

by Amelia Gerlicher, James McCullagh | Perkins Coie on 3/19/2013

A federal judge in the Northern District of California recently added to the growing list of cases rejecting attempts to recover damages resulting from data breaches. In In re LinkedIn User Privacy Litigation, Case no....more

A Fistful of Data: Facebook and Profile Technology, Inc. Showdown Over the Right to Use Outdated User Information

by Jacob Michael Kaufman | Morrison Foerster - Social Media on 3/18/2013

As social media matures and users become more concerned about the privacy of the information they publish online, New Zealand-based search engine app company Profile Technology, Inc. and Facebook are engaged in a legal battle...more

Massachusetts Supreme Judicial Court Rules That Retailers May Be Sued for Wrongful Use of Customer Zip Codes Recorded During...

by Cynthia Larose, A. W. "Chip" Phinney III | Mintz Levin - Privacy & Security on 3/14/2013

“May I have your zip code?” is an all-too-familiar question that may be going the way of the dinosaur in Massachusetts. Many retailers commonly ask customers for their zip codes when processing credit card transactions at,...more

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Privacy › Commercial Law & Contracts › Communications & Media Law