News & Analysis as of

What is the Difference Between FERPA and PPRA? Protecting Student Privacy and Confidential Education Records

Two important federal laws protect the privacy rights of all students: the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, “FERPA” and Protection of Pupil Rights Amendment, 20 U.S.C. §1232h, “PPRA.” Both...more

FTC Clamps Down on EU Safe Harbor Compliance: If Your Company Says It Is Certified, Keep Your Certification Current

Once again using its administrative litigation process, the Federal Trade Commission (“FTC”) announced settlements with twelve large businesses, including the Atlanta Falcons and Denver Broncos football teams, the Baker Tilly...more

California's Do Not Track Disclosure Bill

As of January 1, 2014, California law requires operators of websites and online services to publicly disclose how they respond to "do not track" (dnt) signals, though the exact requirements vary depending on whether an entity...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

New Years Resolution Idea: Update Your Privacy Policy

There is a new California privacy law that goes into effect January 1, 2014, that you need to know about. It requires you to disclose how you respond, if at all, to do not track requests....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

Privacy Top Ten: Things You Think You Know About Privacy – But Don’t!

Whether a start–up or a listed ASX company, your business opportunities are increasingly on–line and/or overseas. At last count over 80 countries have adopted data privacy laws and Australia’s new Australian Privacy...more

Privacy & Cybersecurity Update - December 2013

In This Issue: - European Commission Proposes Changes to the US-EU Safe Harbor: In our November Privacy & Cybersecurity Update,1 we reported that the European Commission was undertaking a review of the U.S.-EU...more

California Internet Privacy Bill Signed by Governor, Effective Jan. 1

On Friday, September 27, 2013, California Governor Edmund G. Brown signed Assembly Bill 370, a bill that amends the Business & Professions Code § 22575 to require an operator of a commercial Internet website or online service...more

The World Data Protection Authorities and the 35th International Conference

With the 35th International Conference of Data Protection and Privacy Commissioners, the Data Protection Authorities adopted a declaration and 6 resolutions on data protection (as well as a resolution on the strategy of its...more

Your Cat’s Name Could Soon Be Your “Personal Information”: 4 Steps You Can Take to Prepare Yourself for the Proposed Expansion of...

As we learned this summer, online account usernames can be, well . . . somewhat embarrassing when made public. Here in California, however, that type of username or an email address, in combination with a password or...more

New watchdog study shows that approximately half of all web privacy policies are non-compliant and risk enforcement action

It has been said for some time that data is the new oil, but many global organizations continue to struggle to comply with regulatory requirements when it comes to the exploitation of this valuable resource....more

Former Subscriber Has No Right to Damages for Video Provider’s Failure to Destroy Personally Identifiable Information

In Padilla v. DISH Network L.L.C., a former subscriber alleged DISH failed to destroy his personally identifiable information (PII) upon cancellation of service, and failed to continue sending annual privacy notices while...more

Privacy Monday – July 22, 2013

Privacy gaffes and tidbits to start your week. Keeping up with Kardashians is NOT a defense under HIPAA - The LA Times recently reported the firing of six workers at Cedars-Sinai Medical Center in connection...more

HIPAA and the Omnibus Rule: How to Assess Whether and What your Company Must Do to Comply

A key amendment to the Health Insurance Portability and Accountability Act (“HIPAA”) called the “Omnibus Rule” took effect on March 26, 2013. The Omnibus Rule impacts both companies that directly collect protected health...more

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - July 19, 2013

In This Issue: - FEDERAL ISSUES - STATE ISSUES - COURTS - MISCELLANY - FIRM NEWS - FIRM PUBLICATIONS - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - PRIVACY/DATA SECURITY -...more

Employers Must Follow Privacy Protocols When Implementing Biometric Attendance Systems

In response to concerns about employee attendance and building security, some employers have chosen to implement biometric attendance systems in the workplace. These systems allow an employer to monitor employees’ work hours...more

Privacy Monday – Privacy Bits and Bytes to Start Your Week: July 8th, 2013

UK Regulators Tell Google: Rewrite that Privacy Policy — Or Else It’s been clear since last year that many European data protection regulators were very unhappy with Google’s “new” privacy policy. The UK Information...more

Activity at the Federal Trade Commission

There is much going on at the Federal Trade Commission (FTC) these days, particularly in the privacy arena. In addition to the settlements discussed below, today the White House confirmed that President Obama will nominate...more

FTC Settlement Restricts Use of Web Tracking Technology

On February 20th, after a period for public comment, the FTC approved a final order settling charges against Compete, Inc., a market research company that collects online data for the purpose of developing and selling reports...more

General, Overbroad “Agreement” Does Not Permit Reference Check On Disabled Child

On February 22, 2013, the Office of the Privacy Commissioner of Canada (OPC) released a summary of findings in two cases arising out of inappropriate sharing of information between two summer camps about a child following an...more

FTC Recommends Framework For Mobile Privacy

Building on the privacy concepts articulated in their December 2012 report, the Federal Trade Commission (FTC) released a staff report on February 1, which recommends a framework for mobile privacy. Like the report issued...more

Privacy & Cybersecurity Update: FTC Mobile Privacy Disclosures: Building Trust Through Transparency

Overview - On February 1, 2013, the Federal Trade Commission (FTC) issued a staff report providing guidance and promoting best practices to improve transparency throughout the mobile app ecosystem (the Report). The...more

Two California Privacy Bills Introduced

California Assemblyman Isadore Hall introduced Assembly Bill 257 which addresses mobile privacy. The bill would codify many of the best practices proposed by the California Attorney General in her report titled “Privacy on...more

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