News & Analysis as of

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

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

What is a Privacy Policy? – Part 1

A privacy policy is a key legal document in this new era of Big/Data/Breaches. When distilled to its essence, a privacy policy is simply “say what you do, and do what you say” with others’ personal information. A growing...more

A Gift for New Jersey Gift Card Issuers and Retailers: Consumer Data Collection Requirements Eliminated by S.B. 2235

Retailers and issuers of gift cards in New Jersey recently received welcome news: they no longer have to worry about looming consumer data collection requirements. Under existing law, beginning in July 2016, gift card (also...more

China to Implement New Personal Data Protection Rules

Effective March 15, 2015, China’s State Administration for Industry and Commerce (SAIC) will implement the new Measures for Penalties for Infringing upon the Rights and Interests of Consumers (Measures). The Measures clarify...more

China's State Administration for Industry and Commerce Releases Measures Defining Consumer Personal Information

In January, China’s State Administration for Industry and Commerce (SAIC) released its ‘Measures on Penalties for Infringing Upon the Rights and Interests of Consumers’ (Measures) which are due to take effect March 15, 2015....more

Google signs UK Undertaking to Improve its Privacy Policy

On 30 January 2015, Google signed an Undertaking with the Information Commissioner’s Office (ICO) to improve and amend the Privacy Policy it adopted 1 March 2012....more

SMS to Customers Seeking “Opt-In” for Advertisements May Violate TCPA

Customers who walked into a Bebe clothing store, purchased clothing, provided their phone numbers during the sale, and later received a text inviting them to “opt-in” to a list for additional discounts have a claim against...more

FRANCE: CNIL Adopts New “Compliance Pack” for the Insurance Sector

In November 2014, the French Data Protection Authority (“CNIL”) issued a new “compliance pack” for the insurance sector, following consultations with trade associations. Written by Carol Umhoefer and Mathilde Hallé...more

Bill 3 Amendments to Alberta's Privacy Legislation Now in Force

Amendments to Alberta's Personal Information Protection Act (PIPA), originating in Bill 3, came into force on December 17, 2014. As discussed in our November 2014 Blakes Bulletin: Privacy Exceptions for Picketing: Alberta's...more

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

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

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

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

Delaware Data Destruction Law Highlights the Necessity of Data Destruction Plans

The list of states requiring the disposal or destruction of personal data is growing, and companies need to respond accordingly by adopting data destruction plans. Delaware recently became the latest in a series of states to...more

Breaking News: The COPPA Enforcement Actions Are Here!

As we predicted in prior blog posts, the Federal Trade Commission has begun its vigorous enforcement of the Amended COPPA Rule. And one of the players is not a child-related site, so read on. The Commission just announced ...more

Why Worry About a Little Skimmer?

Merchants—rightfully so—are worried about securing their payment card environments so that their name does not appear in a headline discussing how millions of cards were stolen from them. Faced with the challenge of...more

Privacy Top Five: Issues And Concerns In The First Six Months Of The Apps

That is, on receiving the personal information from a third party, you must contact each individual whose personal information you have now “collected” and notify them of the mandatory matters specified in the APPs, if such...more

Privacy or Politics? – Russia Seeks More Control Over its Citizens’ Personal Data

Back in July, President Vladimir Putin signed a law (Federal Law No. 242-FZ) that compels “data operators” to store Russian citizens’ personal data only inside Russia. Previously, Russian law allowed the storage of data...more

The Uber Playbook: 5 Best Practices for Protecting Data Privacy

The risks are significant if managing sensitive data is not part of a proactive plan—the consequences can include penalties, sanctions and reputational damage....more

Consumer Protection Organization Petitions FTC To Enforce U.S.-EU Safe Harbor Framework

On August 14, the Center for Digital Democracy (CDD) announced that it filed a complaint with the FTC claiming that 30 U.S. companies are compiling, using, and sharing EU consumers’ personal information without their...more

Trending Information: The Connection Between Data Brokers and the Fashion Industry

Consumers frequently reveal personal information about themselves through a variety of daily online and offline activities. For fashion designers and retailers, this consumer information represents a valuable tool to...more

Florida’s New Data Breach Notification Law And What It Means for Florida Businesses

The Florida Information Protection Act of 2014 (the “Act”) became effective July 1, 2014 and replaced Florida’s previous data breach notification law. Under the Act, all Florida businesses must take “reasonable measures to...more

FTC Calls for Action on Big Data

Following an 18-month investigation into the practices and operations of data brokers, the Federal Trade Commission has issued a voluminous report calling for legislation to regulate the industry in the interests of consumer...more

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