Data Collection

News & Analysis as of

Open Internet Order Published and to Become Effective on June 12, 2015—Numerous New Appeals Expected

The FCC’s Open Internet Order (the “Order”) was published in the Federal Register today, Monday, April 13, and, unless the Order is stayed, will become effective after sixty days, on June 12, 2015. Publication in the Federal...more

What are you wearing? Data from wearables could soon be introduced as evidence

Whether you are tracking your steps, your calories or the amount of water you drink, the data collected by your wearable devices could open up a whole new can of worms in court. In a San Jose, California personal injury case,...more

UPDATE: FTC Plans Review of YouTube Kids App

As we predicted in our post late last month, Google’s YouTube Kids app has attracted more than just the “curious little minds” Google was hoping for. Yesterday, a group of privacy and children’s rights advocates (including...more

ESMA to Centralize Instrument Reference and Trade Repositories Data

The European Securities and Markets Authority (“ESMA”) has launched two major projects at the request of a number of National Competent Authorities (“NCAs”): the Instrument Reference Data Project and the Trade Repositories...more

NJ Connected Car law changes the landscape of IoT

The recent approval by New Jersey of a law on the ownership of data generated by connected cars might have an impact on the future of the Internet of Things (IoT) providing an interesting approach also for European privacy...more

Privacy Tuesday – April 2015 – Play Ball! (and other privacy-related bytes)

Not only is it Privacy Tuesday but yesterday was – OPENING DAY! After this long, long winter … welcome back baseball! It’s usually an end-of-season tradition for some baseball writers and announcers, but I like to...more

New rules on mobile payments!

Time is up for companies operating in the mobile payments’ arena, as from April 1, 2015 the new set of rules issued by the Italian Data Protection Authority (Garante per la protezione dei dati personali, the “Italian DPA”)...more

NJ first state to restrict access to car recording device data

Did you know that your car has a recording device that records the speed, direction, and location of your vehicle while you are driving it, as well as your steering, braking, seat belt use and erratic driver behavior?...more

Lawmakers Consider Regulation of Data Brokers

Why it matters - Could the data broker industry become subject to regulation for the first time? If a new bill passes Congress, the answer could be yes. Originally introduced by former Sen. Jay Rockefeller (D-W.Va.), the...more

3 Key Take Aways from AHLA’s Institute on Medicare and Medicaid Payment Issues

Last week I attended the American Health Lawyers Association Institute on Medicare and Medicaid Payment Issues in Baltimore, Maryland. Taking a comprehensive approach to reimbursement issues, the program offered a variety of...more

Neither Side Folds on FINRA CARDS Proposal

The Comprehensive Automated Risk Data System (CARDS) proposed by the Financial Industry Regulatory Authority (FINRA) to regularly collect customer account data from various broker-dealers and clearing firms and allow FINRA to...more

You are What You Keep

Suffering a data breach is bad enough. As often as it appears to happen, companies that are affected by a breach still shoulder a considerable burden. Management must stop the trains to identify the cause and scope of the...more

Cross-Device Tracking: The New World

Facebook does it. Google does it. It’s everywhere in the mobile ad ecosystem. And your smartphone does it often than you know, according to a study released on Monday by Carnegie Mellon....more

The New Frontier in Interest Based Advertising: FTC Shifts Focus to Cross-Device Tracking

As consumers increasingly connect to the Internet using multiple devices—such as mobile phones, tablets, computers, TVs and wearable devices—advertising technology companies have rapidly developed capabilities to reach the...more

CFPB seeks comments on new information collection plans

The CFPB has published two Federal Register notices seeking comments on its plans to request approval from the Office of Management and Budget for two new generic information collection plans. Comments on both plans are due...more

N.J. Eliminates Customer Data Collection Requirements for Gift Card Retailers, Issuers

New Jersey Governor Chris Christie has signed into law an amendment to the state’s unclaimed property law—S.B. 2235—that eliminated its consumer data collection requirements. In doing so, Governor Christie relieved a...more

Business information and data processing: tidbits on the draft Code of Conduct

On March 11, 2015 the Italian Data Protection Authority (Garante per la protezione dei dati personali, the “Italian DPA“) initiated a public consultation on the draft Code of Conduct concerning the processing of personal data...more

The Madness of Big Data

To take a break from pure e-discovery, we wanted to focus on something fun. Now that Selection Sunday is behind us, it is time to get down to the important business of filling out brackets for the NCAA Division 1 Men’s...more

FCC Applies Section 222 to BIAS Providers, but Delays Specialized Rules

The Order does not forbear from applying Section 222 of the Act to broadband Internet access service (BIAS) providers. It did, however, forbear from applying its existing rules implementing Section 222, in recognition that...more

Privacy Tuesday - March 2015: Unpacking the Obama Administration’s Consumer Privacy Proposal

Taking another “step” toward developing comprehensive privacy legislation, the White House has released a discussion draft of the Consumer Privacy Bill of Rights Act of 2015. The draft reflects the Fair Information Practice...more

12 Legal Mistakes to Avoid in Terms of Service for Online Educational Services and Apps

A classroom teacher comes across a promising online educational service or application that she wants to use with her students and comes to you to make sure it’s legally appropriate. The service or app would collect and use...more

New York Attorney General and Credit Bureaus Reach Deal Affecting Furnishers of Information to Credit Bureaus

The New York Attorney General announced a settlement with credit bureaus Equifax, Experian and TransUnion regarding credit reporting policies and practices, including methods of addressing inaccuracies identified by...more

Apple’s ResearchKit Turns iPhones into Medical Devices

Apple recently released ResearchKit, an open-source software platform that allows scientists to gather medical data using an individual’s own iPhone. According to The Asian Age, the new platform allows iPhone users to easily...more

Illinois Federal Court Allows FCRA Lawsuit Against Credit Reporting Company to Move Forward

On February 5, the U.S. District Court for the Northern District of Illinois denied a credit reporting company’s motion to compel arbitration in a putative class action which alleged that the company sold credit scores to...more

Lengthy Clinical Trial Process Gets Overhaul by FDA

Safeguarding, streamlining, strengthening the clinical trial process is one of three of the Food and Drug Administration’s primary goals for 2015. So states an 11-page document titled 2014 – 2015 Strategic Priorities....more

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