Personally Identifiable Information Privacy Policy

News & Analysis as of

Delaware Enacts First Privacy Law with Focus on Children

The Delaware Online Privacy and Protection Act takes a broad approach to the collection and disclosure of personally identifiable information. Delaware Governor Jack Markell recently signed the Delaware Online Privacy...more

Revisiting Privacy Policies and Practices in Light of Delaware Law

The Delaware Online Privacy and Protection Act (the "Act") addresses privacy policy, marketing or advertising to Delaware residents under age 18 and digital book service information disclosure requirements. The Act goes into...more

Rocky Road Ahead for Ashley Madison after Widespread Damage Arising from Disclosure of Personal Information

Ashley Madison, the self-described “world's leading married dating service for discreet encounters” is the latest high-profile social media website to sustain a cyberattack. Established to provide an opportunity for married...more

Delaware Changes Online, Student Privacy Protection Laws

Four pieces of legislation intended to improve online privacy and protections for Delaware residents were signed into law by Governor Jack Markell on August 7, 2015. Collectively, this legislation will impact a broad range of...more

New Potential Liability for Data Security: U.S. Court of Appeals for the Third Circuit Announces FTC has Authority to Scrutinize a...

The U.S. Court of Appeals for the Third Circuit announced that the Federal Trade Commission (FTC) has the authority to scrutinize a business’s data security protocol -- and to file a complaint if the FTC finds that protocol...more

Federal Trade Commission Continues Its Enforcement Campaign Against False Safe Harbor Claims

Reiterating its commitment to enforcing the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks, the Federal Trade Commission announced on Monday that it has reached settlements with 13 companies alleged to have misled consumers...more

Internet Savvy Senior Lacks Standing to Bring Website Privacy Putative Class Claims Against AARP

The United States District Court for the District of Columbia recently dismissed a putative class action alleging that AARP violated its website privacy policy by allowing Facebook and Adobe to collect personal information...more

Cybersecurity for Startups Now a Cost of Entry for Consideration by Larger Clients: What is Your Company's Plan?

For technology startups, maintaining strong security controls remains vital to winning new business opportunities and strengthening existing relationships. Despite the global spike in cybersecurity attacks (there were 42.8...more

State Law Roundup: Legislatures Across the U.S. Revamp Data Breach Notification Laws

As the number of highly publicized data breaches continues to skyrocket and proposals for a federal data breach notification law stagnate, state legislatures around the country have been busy amending their own breach...more

Cybersecurity is once again a hot topic as Illinois undergoes PIPA update

Cybersecurity is a hot topic at both the state and federal level. Specifically, Illinois is in the process of amending its Personal Information Protection Act (“PIPA”). Illinois SB 1833 will amend PIPA by establishing more...more

Class Is in Session: The FTC Launches New Data Security Initiative

Why it matters - The Federal Trade Commission (FTC) kicked off a new educational initiative to provide guidance to businesses in the area of data security. Based on the lessons learned from more than 50 of the agency's...more

4th Time is Not a Charm: Android Users Plead Themselves Out of Court

Finding that the Plaintiffs lacked Article III standing to pursue their case, Google, Inc. (“Google”) won dismissal of the Android users’ putative class action lawsuit after more than three years of litigation. In re Google...more

Don’t Sling Your Data Around in Singapore

Singapore: it is the globe’s fourth-largest financial center and the only Asian nation with a top AAA rating from the three primary credit rating agencies. But, despite its reputation as one of the most business-friendly...more

Connecticut Updates its Data Security Laws, Imposing Stringent New Requirements

On June 30, 2015, the Governor of Connecticut signed into law S.B. 949, “An Act Improving Data Security and Agency Effectiveness." The new law updates Connecticut’s data security laws, including by adding a 90-day hard...more

“Never Say Never”: Lessons From RadioShack’s Sale of Customer Information

When a bankrupt company’s most valuable assets include consumer information, a tension arises between bankruptcy policy aimed at maximizing asset value, on the one hand, and privacy laws designed to protect consumers’...more

EU Data Privacy Update: European Council Approves Agreement to Data Privacy Reform

European regulators took another step forward on the protracted and procedurally involved path to EU-wide data privacy reform earlier this month when the European Council (the organization of the individual member states)...more

Supreme Court Invalidates Los Angeles Law Authorizing Warrantless Searches of Hotel Records

In City of Los Angeles v. Patel, the Supreme Court invalidated a Los Angeles law that allowed law enforcement officials to inspect hotel and motel guest registries at any time, without a warrant or administrative subpoena....more

Advertising Law - July 2015 #2

EPIC Drives Uber Complaint to FTC - Uber’s recent legal woes continue. The Electronic Privacy Information Center (EPIC) challenged the ride-sharing company’s new privacy policy and requested that the Federal Trade...more

District Court Dismisses Data Breach Class Action Against GameStop, Inc.

The US District Court for the District of Minnesota recently dismissed a data breach class action against GameStop, Inc. and Sunrise Publications, Inc. (d/b/a Game Informer) for lack of constitutional standing because the...more

Privacy Policy Impacts RadioShack’s Sale of Customer Information

On April 10, 2015, RadioShack, and certain affiliated debtor entities, proposed a bankruptcy sale of certain assets, including Personally Identifiable Information (“PII”). Deposition testimony in the case revealed that, over...more

Healthcare Organizations not Immune from Criminal Attacks on Sensitive Information

This month, the Ponemon Institute released its Fifth Annual Benchmark Study on Privacy & Security of Healthcare Data and its findings are generating a good deal of attention. In the past, the Study has found that most data...more

Government Contracts Quarterly Update - May 2015

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. Topics in the...more

Why You Need a Privacy Policy – Part 2: Avoiding Three Common Fumbles

In Part 1, we covered some basic privacy policy concepts. Here in Part 2, we address three problems associated with privacy policies in practice. 1. You Don’t Have One, But You Really Should - There is no...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

South Korean Communications Commission Releases Guidelines on Data Protection for Big Data

In December 2014, the Korea Communications Commission (KCC) released the“Big Data Guidelines for Data Protection” (Guidelines). Aimed at Information and Communications Service Providers (ICSPs), they are designed to prevent...more

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