News & Analysis as of

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

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

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

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

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

International Privacy - 2013 Year in Review - Central and South America

1. Costa Rica - On March 5, 2013, Costa Rica’s data protection law, originally passed in 2011, came into force. The law, the Ley Protección de la Persona frente al tratamiento de sus datos personales, Law...more

International Privacy - 2013 Year in Review - Asia

1. China - China’s Personal Information Protection Law Proposal was submitted to the State Council in 2008, which was followed by the Ministry of Industry and Information Technology’s non-binding Internet...more

CFPB republishes proposed information collection on financial well-being

The CFPB has republished in yesterday's Federal Register a proposed new information collection titled “Development of Metrics to Measure Financial Well-being of Working-age and Older American Consumers.” The proposed...more

If at First You Don't Succeed... FTC Approves Second Candidate's New COPPA Verifiable Consent Method

The Federal Trade Commission announced that it has approved a new method for companies to obtain parents’ verifiable consent for online collection and use of children’s personal information under the Children’s Online Privacy...more

California says you can track online, but you can't hide your tracking

California law will soon require website and mobile app operators to disclose additional information in their privacy policies. Because the law applies to operators of websites and online services (including mobile apps) that...more

California to Require Website and Online Service Operators to Disclose Treatment of Do Not Track Requests

On September 27, 2013 California A.B. 370 was signed into law. It becomes effective January 1, 2014. This law amends California's online privacy policy law to require that websites and other online services disclose how they...more

On the Seventh Day of Privacy, the FTC Gave to Me….

Significant compliance obligations with children’s privacy rules! Last December, the FTC gave to us the long awaited (or maybe not so much by covered entities!) final amendments to the 14-year old Children’s Online...more

On the Fourth Day of Privacy, the Internet gave to me….

Web cameras, burglar alarms, fitness monitors, smartphones, and a host of other internet connected devices all have the potential to invade privacy by collecting and sharing personal information. Yet in many cases, the...more

Mobile Apps Remain Regulatory Focus as FTC Enforces Data Privacy of Popular Program

The provider of the immensely popular “Brightest Flashlight Free” mobile app for Android reached a settlement with the Federal Trade Commission (FTC) over charges that it collected sensitive personal information, including...more

Advertising Law -- Nov 27, 2013

FTC Shoots Down COPPA Compliance Request Based on Social Networking - The Federal Trade Commission has denied an application from AssertID seeking the agency's approval of a proposed method of verifiable parental...more

The Download - November 2013

In this issue: - Senator Markey and Representative Barton Reintroduce Do Not Track Kids Act - House Bipartisan Working Group Continues Discussion on Privacy - Federal Trade Commission Holds Workshop on...more

Malaysia’s Personal Data Protection Act Finally in Effect

Malaysia’s first ever comprehensive privacy law, the Personal Data Protection Act of 2010 (“PDPA“), came into force on November 15, 2013. The Malaysia Parliament passed the PDPA in 2010. However, it was passed with...more

The Draft EU General Data Protection Regulation: Where We Are Now and Where We Are Going

On October 25, 2013, the European Council concluded that the new Data Protection Framework should be adopted in a timely manner in order to strengthen consumer and business trust in Europe’s digital economy. The Council did,...more

A Warning for Websites Allowing Data Collection for Online Behavioral Advertising

The Better Business Bureau’s Online Interest-Based Advertising Accountability Program (“the Accountability Program”) issued its first ever compliance warning on October 14, a move that is intended to clarify the obligations...more

Key EU Parliament Committee Endorses Revised Draft of Data Protection Regulation

(LONDON) As widely expected, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) voted today in favor of a revised, even tougher draft of the Data Protection Regulation that will (if...more

Manitoba’s Private Sector Privacy Law – Similar to Alberta’s Law, but Important Differences Exist

On September 13, 2013, Manitoba joined Quebec, British Columbia and Alberta by enacting provincial private sector privacy legislation. Once it comes into force, Manitoba’s Personal Information Protection and Identity...more

Delaware Federal Court Holds No Harm From Third-Party Cookies’ Collection Of Personal Information, Dismisses Broad Consumer...

On October 9, the U.S. District Court for the District of Delaware dismissed a broad, consolidated action against an Internet company alleged to have circumvented an Internet browser’s cookie blocker to collect personally...more

Obtaining German Works Council Approval to Collect Employee E-Mail and Electronic Documents Using EnCase® Enterprise and EnCase®...

German companies sometimes are required to collect data for legitimate business purposes, including for compliance, to investigate malfeasance, for adjudication of claims and to protect personal data of customers from misuse....more

Sponsors Drop California Ballot Initiative Intended to Transform Privacy Class Actions

Recent reports have circulated regarding a California ballot initiative that, if successful, might have marked the second time California would have caused a national shift in privacy law. Just 10 years ago, California...more

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