Personally Identifiable Information Data Collection

News & Analysis as of

First Circuit Decision Creates Ambiguity in Consumer VPPA Class Actions

The vast majority of courts confronted with “free app” cases under the Video Privacy Protection Act (“VPPA”) have dismissed those claims.  A recent First Circuit decision, however, signals a change in that trend.  ...more

CFPB's New HMDA Rule Still Leaves Privacy Concerns Unanswered

The implementation date of the CFPB's final Home Mortgage Disclosure Act (HMDA) Rule is fast approaching and the mortgage industry still has not received any answers in regards to their data privacy concerns. As widely...more

Children's Privacy Online: The Interplay Between Mobile Applications and the Children's Online Privacy Protection Act

The activities of children on the internet, whether via computers, smart phones, or tablets, have grown exponentially in recent history. As internet access for children increased, parents began losing control of the amount...more

Notice of proposed rulemaking, exemption for biometrics database from the grasp of the Privacy Act

Last week, the U.S. Department of Justice (DOJ) issued a notice of proposed rulemaking in the Federal Register moving to exempt the FBI’s biometrics database from the notice and consent provisions of the Privacy Act of 1974...more

OSHA Finalizes New Workplace Injury Reporting Rule

On May 11, 2016, the Occupational Safety and Health Administration (“OSHA”) finalized a recordkeeping and reporting rule that will require covered employers to take the additional step of electronically submitting to OSHA,...more

Web Trackers: What others may know about your online footprint

Web Trackers have been a hot topic in recent news, yet most of us are oblivious not only the extent they are used, but also to the potential for misuse of our personal information currently being aggregated in countless...more

First Circuit Opens New World of Potential Liability for Video Producers

You may be too young for this to have been a big thing to you, but almost 30 years ago, D.C. Circuit Judge Robert Bork was nominated to the Supreme Court, and Washington, D.C. went into a tizzy. Coming as it did just a year...more

The Top Three Privacy Takeaways of the New Delaware Online Privacy and Protection Act

Delaware’s New Privacy Policy Requirements - Effective January 1, 2016, Delaware became the second state in the U.S., joining California, to require operators of commercial websites that collect personally...more

Protect Your Employees’ Personal Information or You’re Putting Your Business at Risk

For the past few years, data breaches have made news headlines and raised awareness for data privacy and cybersecurity. Some of the most well publicized data breach stories have been the breaches of Sony, Target, Home Depot,...more

Data brokers settle with FTC for selling consumers’ information to scammers

SiteSearch, John Ayers, LeapLab and Leads Company (the defendants) settled with the Federal Trade Commission (FTC) for “knowingly provid[ing] scammers with hundreds of thousands of consumers’ sensitive personal information.”...more

New Guidelines on Collecting Biometric Data Help Businesses Stay Ahead of the Game

The amount of data collected worldwide is rapidly proliferating, and one international organization wants to make sure it’s clear how to protect what is arguably the most sensitive category of that data: biometrics....more

California Amends Breach Notification Law: Unique New Refinements and Requirements

The California legislature has again amended the state’s breach notification statutes to impose new and unique requirements and refinements, adding further complexity to the patchwork of breach notification requirements....more

“And That’s the End!” 11th Circuit Ends VPPA Action in Ellis, But Leaves the Question of What is PII Unresolved

Digital content and media providers got some good news from the U.S. Court of Appeals for the Eleventh Circuit in October when the court held that plaintiffs must be “subscribers” and not just users of a provider’s service to...more

Illinois finds itself at forefront of facial-recognition litigation

Illinois is leading the way in regulating facial-recognition technology — it is one of only two states (the other Texas) that has passed laws covering the collection and use of biometric information. Illinois also is...more

Could a Vendor’s Lax Info Security Ruin Your Holiday Sales? Seven Preventative Steps for Retailers

Many of the largest retailer data security breaches have been caused or enabled by the acts or omissions of retailers’ vendors, such as the widely publicized incident at Target Corporation. Several such breaches occurred...more

Tagging Trouble: Forays into the Regulation of Biometric Data

We leave breadcrumbs of biometric information scattered around our daily lives, which may be collected and used by private entities, often without our knowledge or consent. The sound of your voice when you call your bank’s...more

PRIVACY POLICIES AND THE SALE OF CORPORATE ASSETS: It pays to plan ahead to preserve the value of your data assets

Personal data is a valuable corporate asset. At times, the personal information collected from customers (such as email address, mailing address, phone number, etc.) can be a company’s most valuable asset. Unfortunately,...more

Data privacy in the Americas - At a glance

As multinational employers are aware, data privacy laws can vary greatly from jurisdiction to jurisdiction. Ensuring compliance with the different requirements can be challenging, and the penalties for noncompliance can be...more

Does Your Website Privacy Policy Need Some Love?

Everyone does it, especially startups. You need a privacy policy for your website, and your legal budget is limited. Hop onto Facebook (or Google, or Amazon) — cut, paste and voilà! — your startup has a shiny new privacy...more

“My, what beautiful eyes you have . . .” – Biometric Data and Privacy

Biometric data – obviously not in just the movies anymore. It is alive, well, and increasingly being used in our everyday society. But, on September 23, 2015, when the Office of Personnel Management revealed that fingerprint...more

Effects of Schrems Ruling on International Internal Investigations

In a recent landmark decision, Maximillian Schrems v. Data Protection Commissioner, Europe’s highest court struck down a US-EU agreement that allowed companies to move personal electronic data between the European Union and...more

States Continue To Grapple With Data Breach Notification Issues

Connecticut’s data breach notification law currently requires notification “without unreasonable delay.” Effective October 1, 2015, Connecticut will (a) require notice of any breach of security not only “without unreasonable...more

US Safe Harbor Not Safe from EU Court Ruling

A major European court has just pulled the rug out from under nearly 5,000 US companies, snatching away the relative business certainty of the Data Transfer Safe Harbor, and maybe the safety of standard contract clauses and...more

Second Chance to File Oppositions to CTIA Challenge

In its June 2015 Lifeline Order on Reconsideration, the FCC adopted a new rule which requires ETCs to retain documentation demonstrating subscriber eligibility for Lifeline, such as a copy of the applicant’s food stamp card...more

EU U.S. Data Protection: The Safe Harbor Framework Under Attack

As a reaction to recent disclosures and revelations about the data collection and surveillance by the US government, the Safe Harbor permitting the transfer of personal information from the EU to the US is under attack, and...more

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