Proskauer - Privacy & Data Security

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FTC Issues Report and Privacy Best Practices for the Internet of Things

On January 27, 2015 the Federal Trade Commission (the “FTC”) issued a report detailing best practices and recommendations that businesses engaged in the Internet of Things (“IoT”) can follow to protect consumer privacy and…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

SEC Releases Results of Cybersecurity Examination Sweep

By Rochelle Emert and Phillip Caraballo-Garrison On February 3, 2015, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert that summarized its findings about cybersecurity preparedness in the…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, Privacy, Securities Law

Responding to the Anthem Cyber Attack

Anthem Inc. (Anthem), the nation’s second-largest health insurer, revealed late on Wednesday, February 4 that it was the victim of a significant cyber attack. According to Anthem, the attack exposed personal information of…more
| Labor & Employment Law, Privacy, Consumer Protection, Health, Science, Computers, & Technology

School’s Out: COPPA’s Limiting Reach in the Classroom

On January 23, 2015, Senior Attorney Lesley Fair at the Federal Trade Commission (“FTC”) posted on the Agency’s business blog clarifying how the Children’s Online Privacy Protection Act (“COPPA”) applies to schools. COPPA seeks…more
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Courts Address the Level of Security Banks Must Provide to Business Accounts

Big or small, all bank accounts are susceptible to hijacking and fraudulent wire transfers. Banks ordinarily bear the risk of loss for unauthorized wire transfers. Two independent frameworks exist to govern these transfers: the…more
| Finance & Banking, Privacy, Consumer Protection

What Preemption? Connecticut State Court Gives Life to Negligence Claims Based on HIPAA Privacy Standard of Care

Like many federal statutes, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) contains a provision governing how the statute is designed to interact with similar or otherwise related state laws. When this…more
| Civil Procedure, Conflict of Laws, Personal Injury, Privacy, Health

Native Advertisers Face Closer Scrutiny From Industry Self-Regulatory Bodies

With paywalls and premium subscriptions finding only modest success, paid advertisements remain the primary means of generating revenue from online content. Native advertising has emerged as a leader in the competition for ad…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy

A Primer on EMV Technology for Merchants

With the new year just around the corner, retailers should make a resolution to learn more about EMV technology. That’s because 2015 is slated to be the year EMV technology makes significant inroads in the United States, and…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Science, Computers, & Technology

From the Right to be Forgotten to the Right to an “e-Reputation’’: First Enforceability Ordered by French Court under Penalty

A few months after the European Court of Justice ruled on May 13, 2014 that search engines are considered personal data controllers under the EU Data Protection Directive of 1995 and, as such, should provide data subjects with a…more
| Civil Procedure, Communications & Media Law, Privacy, Science, Computers, & Technology

Attention Retailers: Target Data Breach Ruling Finds Duty Owed to Issuer Banks

The Court hearing the Target data security breach litigation issued a ruling on December 2, 2014, largely denying Target’s motion to dismiss the Consolidated Amended Class Action Complaint in the Financial Institutions Cases. In…more
| Civil Procedure, Consumer Protection, Privacy, Science, Computers, & Technology

European DPA’s Give Privacy Recommendations to Stakeholders Regarding the “Internet of Things”

The Article 29 Working Party, which is composed of representatives of DPA’s from every European country, has recently rendered an opinion on data privacy issues surrounding the development of the “Internet of Things” (IoT),…more
| Commercial Law & Contracts, Privacy, International Law & Trade, Science, Computers, & Technology

Advertising Industry Enforces Enhanced Behavioral Advertising Notice Requirements on Websites

On October 28, the Online Interest-Based Advertising Accountability Program (Accountability Program), released five decisions in which the website operators have agreed to update their respective websites to provide enhanced…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

FCC Confirms Solicited Fax Ads Must Include An Opt-Out

Last Thursday the Federal Communications Commission (FCC) issued an order confirming that companies must include opt-out instructions on all fax ads, even for recipients who previously agreed to receive a fax from the company…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy

FCC: The New Data Security Sheriff In Town

Data security seems to make headlines nearly every week, but last Friday, a new player entered the ring. The Federal Communications Commission (“FCC”) took its first foray into the regulation of data security, an area that has…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

New Jersey bill to prohibit unsolicited text message advertisements pending Governor signature

A New Jersey bill which prohibits unwanted text message advertisements has been sent to the Governor for final consideration. A. 617, which passed unanimously in the Assembly June 26 and in the Senate Sept. 22, if signed into…more
| Communications & Media Law, Consumer Protection, Privacy
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