News & Analysis as of

Proposed FERPA Update Would Strengthen Student Data Privacy

On July 30, 2014, two U.S. senators introduced the Protecting Student Privacy Act, which would update the sections of the Family Educational Rights and Privacy Act (FERPA) that deal with protecting the privacy of students'...more

New Zealand: The ‘naming names’ drive for privacy compliance

In a move that will be of great interest to any agency dealing with personal information, the New Zealand Privacy Commissioner has indicated that it will be adopting a policy to routinely ‘name names’ of agencies that have...more

Report From Counsel: Insights and Developments in the Law - Summer 2014

In this Issue: - Small Businesses and Job Discrimination - Noncompetition Agreements and Arbitration - Real Estate Deals Gone Wrong - Ensure Your Financial Privacy - Excerpt from Small...more

Socially Aware - Volume 5, Issue 4 - July 2014

In This Issue: - European Court of Justice Strengthens the Right to Be Forgotten - California AG Offers Best Practices for Do Not Track Disclosures; Crucial Compliance Questions Left Unanswered - Snap...more

Privacy & Cybersecurity Update - June 2014

In This Issue: - New Studies Highlight Privacy and Cybersecurity Risks and Costs - SEC Commissioner Addresses the Role of the Board on Cybersecurity Matters - Supreme Court Decision on Cellphone Searches...more

California Attorney General Issues Guidance on Do Not Track

In 2013, the California Legislature passed a tracking transparency bill, AB 370, which amended the California Online Privacy Protection Act (“CalOPPA”). AB 370 requires commercial website operators to inform users of how they...more

Protecting personal information in sweepstakes and contests

Sponsors of sweepstakes and contests need to be especially careful to protect all personal private information they receive from entrants in the promotions they sponsor. This is a lesson a radio station in Oregon learned...more

California Attorney General Releases Privacy Policy Guidance for 'Do Not Track' Disclosures

California Attorney General Kamala Harris recently released guidance, Making Your Privacy Practice Public, to help companies comply with the California Online Privacy Protection Act's (CalOPPA) "Do Not Track" (DNT) disclosure...more

CA AG Publishes Guide On Online Privacy Policies

On May 21, California AG Kamala D. Harris issued a guide providing recommendations to businesses affected by the 2013 amendments to the California Online Privacy Protection Act (CalOPPA)....more

California Attorney General Issues Privacy Guidelines for Websites

In the wake of numerous high-profile breaches of user privacy and complaints about sites that track the online activity of users, California Attorney General Kamala Harris has released a 28-page set of recommendations for how...more

CFPB Proposes Rule on Privacy Disclosures

On May 6, the Consumer Financial Protection Bureau (CFPB) proposed a rule that would allow institutions that limit their consumer data-sharing and meet other requirements to post their annual privacy notices online rather...more

Europe Under Review: Part 4 Of 8 – Data Retention

As the next in our series of “back to privacy basics”, we look at the rules regarding the retention of personal data. As we will do throughout this series, we take a look at the current position and what is best...more

Who’s Minding The Store?

Late last week, the office of the Privacy Commissioner of Canada announced a major breach within its own office with the loss of an unencrypted hard drive containing sensitive personal information relating to over 800 of its...more

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

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

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