Data Collection

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Financial Regulatory Developments Focus - April 2014

In this issue: - Derivatives - Compensation - Regulatory Capital - Financial Services - Financial Crime - Excerpt from Derivatives: European Commission Consults on Definition...more

Federal Contracts: President Obama’s Executive Action Regarding Equal Pay

On Tuesday, April 8, 2014, President Obama took two executive actions, designed (in the White House’s words) “to help combat pay discrimination and strengthen enforcement of equal pay laws.” The “Fact Sheet” on the White...more

President Obama Issues New Executive Orders Affecting Federal Contractors' Employment Practices

On Tuesday, President Obama continued his efforts to take available action to implement his labor agenda without congressional approval. The latest steps involve two new executive orders affecting federal government...more

Europe Under Review : Part 2 Of 8 – Data Collection

As the next in our series of “back to privacy basics”, we look the rules regarding collection and processing of personal data. As we will do throughout this series, we take a look at the current position and what is...more

No CFPB regulations in 2014 implementing expanded ECOA small business data collection requirements

Section 1071 of Dodd-Frank amended the Equal Credit Opportunity Act to require financial institutions to collect and maintain certain data in connection with credit applications made by women- or minority-owned businesses and...more

President Obama Takes Executive Action on National Equal Pay Day

On April 8, 2014, the President signed an Executive Order prohibiting federal contractors from retaliating against employees who choose to discuss their compensation. The President also issued a Memorandum instructing the...more

New LIBOR Administrator and Credit Documentation

ICE Benchmark Administration Limited (ICE) has assumed responsibility for administering the London Inter Bank Offered Rate (LIBOR) as of February 1, 2014. No longer will the LIBOR benchmark be administered by BBA LIBOR Ltd.,...more

Settlement on the Horizon in Massachusetts ZIP Code Litigation

A recent proposed settlement in Massachusetts may signal readiness on the part of retailers to end so-called “ZIP code” litigation. In 2011, customers of the arts and crafts retailer Michaels Stores Inc. filed a proposed...more

Registration and Data Submission Begin Pursuant to the Sunshine Act

The Centers for Medicare & Medicaid Services (“CMS”) recently released guidance on its website describing a two-phase process for applicable manufacturers and group purchasing organizations (“GPOs”) to register and submit...more

Employment Law Commentary -- Volume 26, Issue 2, February 2014 - Some Thoughts on the New OFCCP Data Collection Regulations for...

If You Have to Ask . . . Most of us understand that employers should not ask for personal information from employees (or applicants for employment) if that information would be illegal to use in making employment...more

WhatsApp plus Facebook, what data protection issues?

Adding 450 million monthly users to 1.3 bn monthly users costs $19 bn according to Facebook, but also means that the buyer will be able to know about (and benefit from) much more information on its users to be potentially...more

Senate Commerce Committee Expands Data Broker Inquiry

On February 3, Senate Commerce Committee Chairman Jay Rockefeller (D-WV) again expanded his investigation of data brokers when he asked six brokers for information on the compilation and sale of products that identify...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014): Evolving Data Protection...

The worldwide expansion of data privacy laws and regulations has impacts that are being felt with increasing regularity in the litigation arena. Whenever data collections occur within foreign corporations or foreign...more

California Moves to Restrict Collection of Consumer Personal Information Online: the Process, History and Politics Behind Senate...

The California Senate has passed a bill restricting the information that certain online retailers can collect in connection with consumer purchases. Senate Bill 383 would amend Sections 1747.02 and 1747.08 of the California...more

Eye on Privacy - January 2014

In this issue: - FTC Settlement with Flashlight App Requires Extensive Disclosures Outside of the Privacy Policy to Collect and Share Geolocation Information - GAO and Senate Commerce Committee Release Studies...more

CMS Proposed Rule Would Modify Risk Adjustment Data Collection, Data Validation Audits with Some Material Effects

The Centers for Medicare & Medicaid Services’ proposal for risk adjustment data collection demonstrates the agency’s continued concern that Medicare Advantage Organizations’ activities are resulting in more “intense” coding,...more

Google Case Provides Spoliation Exception to Living Document Safeguard

Google has come under scrutiny in the last few years over collecting information from users’ email accounts to provide targeted advertising for its paid clients. ...more

New Law Requires Certain Vendors to Expand Their Privacy Policies

A recent amendment to the California Online Privacy Protection Act of 2003 (“CalOPPA”) will require certain owners and operators of commercial websites and online service providers to change their posted privacy policies to...more

OFR Releases Interagency Data Inventory

The Office of Financial Research, or OFR, has released the Interagency Data Inventory of data that member agencies of the Financial Stability Oversight Council collect from industry. The Interagency Data Inventory project is...more

Careful! Your Company May Be a Defacto Data Broker: Are Privacy Regulators Going for Broke(rs) as part of the 2014 Legislative and...

Concerns about privacy practices in the data broker industry, and the privacy implications about the lack of transparency “behind-the-scenes,” will remain a topic of intense regulatory and legislative focus in 2014. The...more

DOL Seeks Remand Of District Court Case Regarding OFCCP’s Data Gathering Authority

Earlier this week the Department of Labor moved to remand Frito-Lay’s lawsuit seeking to block the production of employment data in connection with an OFCCP investigation into discrimination at its Dallas facility. Frito-Lay,...more

The Anonymization/De-identification Debate Moves to the FCC

As explained in our recent PrivSec blog post, on Dec. 11, 2013, a coalition of privacy advocates led by Public Knowledge filed a Petition for Declaratory Ruling with the FCC that, if granted, would significantly expand the...more

California Appeals Court Holds Injury Required For Standing Under State Shine The Light Law

Recently, the California Court of Appeals, Second District, held that a plaintiff must have suffered a statutory injury to have standing to pursue a cause of action under the state’s “Shine the Light Act” (SLA). Boorstein v....more

Advertising Law - December 31, 2013

FTC Shines a Light on Flashlight App’s Geolocation Data Sharing - In the agency’s first action involving geolocation data, Goldenshores Technologies, LLC, settled charges with the Federal Trade Commission that the...more

International Privacy - 2013 Year in Review - Africa

On August 22, 2013, after four years of deliberation, the South African Parliament passed the first comprehensive data protection legislation in South Africa, the Protection of Personal Information (POPI) Bill. This Bill...more

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