Data Collection

News & Analysis as of

Social media sweepstakes: 10 things you should know

“How did we have sweepstakes before Facebook?” That question, which I heard during a call last week, summarizes the tremendous impact that social media has had on the use of sweepstakes and contests. These promotions are more...more

Reminder: January 29, 2015 Deadline for FCC Special Access Data Collection

The FCC deadline for large-company responses to the special access Mandatory Data Collection quickly approaches. As a reminder, in late November, the U.S. Federal Communications Commission (FCC) extended some deadlines...more

Can the NSA Legally Collect Telephone Metadata?

Earlier this month the Ninth Circuit Court of Appeals became the third federal appellate court this year to hear argument on the legality of the NSA’s bulk collection of telephone metadata....more

On the Ninth Day of Privacy, my true love gave to me….

a tracking device in my car …. she is now my ex-true love…. A year ago, privacy and data security issues in the media were all about credit cards and identity theft. Concerns about privacy related to location data...more

CHRISTMAS 2014: Top Five Privacy & Cyber Predictions, Trends And Issues For 2015 And Beyond!

Last year at this time we looked forward to the APPs coming into effect (from 12 March 2014) and highlighted the Top 10 Things You Think You Know About Privacy But Don’t!. In September this year we highlighted the practical...more

Illinois Supreme Court to Consider Discovery Privileges Applicable in Medical Malpractice

In the closing days of its November term, the Illinois Supreme Court agreed to decide an issue of potential importance to the medical malpractice bar: what kinds of documents are privileged from disclosure in a negligent...more

Status Updates - December 2014 #4

Instagrowth. Instagram’s relationship with Facebook is turning out to be mutually beneficial. Since Facebook bought Instagram for $1 billion in 2012, the photo sharing platform has passed the 300-million-user mark, surpassing...more

USA Freedom Act Filibustered: Debate Over National Surveillance And Government Data Collection Likely Scuttled Until Next Year

The USA Freedom Act was blocked in the Senate on November 18 when the sponsors could not obtain cloture, the 60 votes needed to shut down debate and obtain a vote on the bill. The bill addressed the limits of government data...more

New European Data Protection Guidelines Published

On November 25, the European Data Protection Supervisor (EDPS) issued new data protection guidelines (Guidelines) to European Union policymakers and legislators in the area of financial services regulation. The EDPS’s stated...more

Advertising Law - December 2014 #2

Uber’s Privacy Mess Results in Legislative Inquiry - Providing a lesson in how not to handle a privacy policy, car service app Uber is now facing questions from the Senate Subcommittee on Privacy, Technology and the...more

Accountability Program Releases Compliance Warning on Enhanced Noticed for Online Native Advertising

The Online Interest-Based Advertising Accountability Program is serious about compliance with the transparency and consumer control provisions of the Digital Advertising Association's Self-Regulatory Principles for Online...more

Status Updates - December 2014

Yik Yak arrests. For several months now we at Socially Aware have been writing about how college students have been using the purportedly anonymous messaging app Yik Yak to communicate deeply offensive remarks and threats of...more

Advertising Law - November 2014 #4

FTC Takes on a Patent Troll - Tackling the issue of patent trolls for the first time, the Federal Trade Commission charged MPHJ Technology Investments, LLC and its law firm Farney Daniels with making deceptive claims...more

Every Picture Tells a Story... Convincing Regulators and Courts of Your Client’s Position

When facing the potential of spending large sums of money on remediation, administrative enforcement, or litigation due to a chemical release to the environment, you must be able to take the collected information and data and...more

Privacy Alert: Privacy Lessons Learned From Uber

It’s not just health care companies, credit card companies, or big box retailers that need to be careful when it comes to privacy. Any company collecting user data from mobile apps—including geolocation data, user address...more

Location of employees can be monitored with privacy restrictions

It is possible to collect location data relating to employees through smartphone Apps if used in order to optimize the usage of resources and improve their management, coordination and timing provided that this practice...more

The War for Data Science Talent: How CMOs Can Wage It (Part III)

Integrating Data Science in the Marketing Organization - Once ready to make those strategic first hires, the CMO will have to develop knowledgeable data science management people to efficiently source appropriate...more

OBA Accountability Program Enforcement

On October 28, 2014, the Online Interest-Based Advertising Accountability Program issued a press release detailing several decisions that commence the promised enforcement of its 2013 Compliance Warning to website publishers...more

Proposed New Jersey Legislation Seeks to Protect Privacy Interests in Motor Vehicle’s “Black Box” Data

In past investigations into automobile collisions, drivers often faced little challenge to their claims that they adhered to speed limits but somehow lost control of the car, that they applied their brakes but could not slow...more

Consumer Data Protection In Online Retail: On Protecting Privacy in the EU, US and China

Online retail presents unparalleled opportunities for reaching new consumer markets and collecting consumer data. With such opportunities, however, come heightened regulatory scrutiny, compounded by high-profile consumer data...more

Automobile industry commits to privacy for connected cars

19 makers of cars and trucks sold in the US committed to preserve the privacy of their customers in the view of the massive amount of personal data that are going to be processed through connected cars. ...more

Privacy Policies 2.0: Making Disclosures More Meaningful

Website privacy policies are a ubiquitous fact of web life, intended to allow users to easily understand the personal information being collected by a website and how that site uses and shares that information. Over time,...more

Top 5 Internet of Things giveaways from the Web Summit

As previously mentioned, I attended this week the Web Summit in Dublin focusing in particular to the section dedicated to the Internet of Things (IoT) from which I was able to gain very interesting insights on legal issues...more

California Enacts New Data Privacy Legislation

California is once again initiating significant changes to protect informational privacy in the digital world. Governor Jerry Brown recently signed several pieces of legislation in an attempt to protect individuals against...more

BBB Watchdog Cites Five On-Line Companies for Failing to Adhere to Enhanced Notice of Third-Party Data Collection for Online...

This week, the Online Internet-Based Advertising Accountability Program, a unit of the Better Business Bureau (“BBB”), released five decisions in which Answers Corporation, Best Buy, BuzzFeed, Go.com, and Yelp agreed to...more

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