Privacy Communications & Media

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FCC Releases Enforcement Advisory – Tells Broadband Providers to Take “Reasonable, Good Faith” Steps to Protect Consumer Privacy...

Come June 12, unless stayed by a federal court, broadband Internet service providers will be subject to expanded requirements to protect consumer privacy and new limitations on the use of customer data under the FCC’s recent...more

The NAI Issues Privacy Guidelines For Interest-Based Advertising, Ad Delivery and Reporting

The Network Advertising Initiative (NAI) has issued guidance for its members on the use of non-cookie technologies for Interest-Based Advertising (IBA) and Ad Delivery and Reporting (ADR) (Guidance). The NAI is a...more

Privacy law and anti-spam: Guidance from the Office of the Privacy Commissioner of Canada

Recent enforcement under Canada’s anti-spam legislation (CASL) by the Canadian Radio-Television and Telecommunications Commission (CRTC) is keeping the spotlight on this new legislation, which came into force just last year....more

Employer sued for invasion of privacy by tracking its employees’ every move –on and off company time

Can your employer track you 24-7? This plaintiff, Myrna Arias, a former-Intermex sales executive, claims that her employer’s constant tracking of her every move violated her privacy rights. In Bakersfield, California, Arias’...more

Connecticut Becomes Newest State with Social Media Privacy Law

Connecticut Governor Daniel Malloy signed Connecticut’s new social media law on Tuesday, May 19, 2015 prohibiting employers from: (1) requesting or requiring that an employee or applicant provide the employer with a user...more

EU Council Confirms the Forthcoming Strong Enforcement of Fundamental Right to Data Protection

A recent leaked draft proposal reveals the position of the E.U. Council as regards to the fines system that will come into force under the proposed new General Data Protection Regulation in the E.U. member states. The huge...more

FCC Enforcement Advisory: Broadband Providers Must Take Reasonable, Good Faith Steps to Protect Consumer Privacy

On Wednesday, May 20, 2015, the FCC’s Enforcement Bureau issued its first enforcement advisory in the post-Open Internet Order era. Not surprisingly, the Bureau’s first advisory addressed the consumer privacy obligations of...more

FCC Enforcement Advisory: Broadband Providers Must Take Reasonable, Good Faith Steps to Protect Consumer Privacy

On Wednesday, May 20, 2015, the FCC’s Enforcement Bureau issued its first enforcement advisory in the post-Open Internet Order era. Not surprisingly, the Bureau’s first advisory addressed the consumer privacy obligations of...more

Future Unclear For NSA’s Bulk Telephone Metadata Collection Program

Fast approaching is the June 1 expiration of certain provisions of the Patriot Act, including § 215 (codified as 50 U.S.C § 1861), which is the basis for the National Security Agency’s (NSA) bulk telephone metadata collection...more

Eraser Laws: Forgetting a Minor's Past to Save His Future

Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got a bigger problem: When he was 17, he was not as wise as he is now at the...more

Nomi FTC Settlement Highlights Risks of Publicizing Company Privacy Policies

A closely divided Federal Trade Commission (“FTC” or the “Commission”) has signaled support for the agency’s recent focus on mobile device privacy. On April 23, 2015, the five-member Commission voted 3-2 to accept a proposed...more

District Court Dismisses Data Breach Class Action Against eBay

The US District Court for the Eastern District of Louisiana recently dismissed a data breach class action against eBay Inc. for lack of standing because the named plaintiff did not allege an actual injury, only the...more

Is Creepy Compensable?

A watchful eye can be a good thing. We all want to keep an eye on what’s important. In an increasingly fast-paced world, however, it gets harder. The Internet and advances in mobile technology put so much information at our...more

To Err Is Human; to Indemnify, Divine?: Human Foibles in the Cloud

BakerHostetler’s inaugural Data Security Incident Response Report (the “Report”) concluded that employee negligence and theft were two of the top five causes of data security incidents for the more than 200 incidents that we...more

BELGIUM: Belgian Privacy Commission fires its first warning shot to Facebook

Based on its on-going investigation of Facebook’s new terms and conditions, the Belgian Privacy Commission has issued a public recommendation (which can be consulted here in English language). The document focuses on...more

Senators Urge FCC “Not to Weaken” the Telephone Consumer Protection Act

A group of ten democratic senators led by Senator Edward Markey joined in a letter to the FCC urging it “not to weaken the privacy protections” contained in the Telephone Consumer Protection Act (TCPA) preventing most...more

NLRB Continues to Scrutinize Employer Policies - NLRB General Counsel’s Guidance Memorandum and Recent Cases Highlight NLRA Issues

The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March...more

Second Circuit Rules PATRIOT Act Does Not Authorize Government's Bulk Telephone Metadata Collection Program

In yet another reminder of the importance of maintaining the privacy of personal information, the Second Circuit Court of Appeals, in ACLU v. Clapper, issued a unanimous decision striking down the National Security Agency’s...more

Virginia Joins Nationwide Trend Limiting Employers’ Access To Employees’ Social Media Accounts

Effective July 1, 2015, employers in Virginia will have to comply with a new law limiting their access to employees’ and applicants’ social media accounts. The new law prohibits employers from requiring employees or...more

Mobile Privacy Rules to Be Enforced Starting September 1, 2015

All businesses acting in the mobile ecosystem—including app developers, analytics companies, advertising networks, app platform providers, and providers of devices and related services—should be aware that the Digital...more

Privacy Policy of Mobile Apps: No Standard for Transparency

In the standards set by the California Online Privacy Protection Act (CalOPPA) to developers of websites and mobile applications, websites and apps have to have their privacy policy clearly labeled, properly displayed, easy...more

The IoT at Expo Smart City!

The Expo area in Milan in one of the 1st examples of smart cities in Italy which shows the massive potentials of the IoT, but what regulatory changes are necessary to replicate it across Europe?...more

Cell Tower Location Data Privacy Decision Reversed

Last July, we reported on United States v. Davis, an Eleventh Circuit decision in favor of privacy rights. In that case, a three-judge panel held that cell phone users have a reasonable expectation of privacy in their cell...more

Advertising Law - May 2015 #3

U.S. Supreme Court Could Decide Future of Privacy Law Class Actions - The future of consumer class actions alleging privacy violations may be in the hands of the U.S. Supreme Court now that the justices have granted...more

In-Store Monitoring: How to Enjoy the Benefits of Tracking While Minimizing Potential Privacy Issues

In the latest example of the conflict between technological innovation and privacy concerns, the Federal Trade Commission (FTC) reached a settlement agreement last month with Nomi Technologies, Inc. Nomi is a startup...more

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