Privacy Concerns

News & Analysis as of

California Court Dismisses TCPA Claim, Finding Human Intervention in Transmission of Internet Text Messages Removed Them From FCC...

In one of the first court decisions issued since the FCC’s declaratory ruling expansively defined autodialers for purposes of the TCPA, a California district court has dismissed TCPA claims based on promotional text messages,...more

How Private is that Connected Car? US v. EU

Among the fastest growing sectors in the industry of smart things is the connected car. No longer a simple way from point A to point B, cars now comprise a computer, cell phone and camera all rolled into one motorized...more

Domestic Partnership Agreements: Financial Disclosures and Privacy

To reduce risk of later attack on the domestic partnership agreement, domestic partners should make fair and reasonable financial disclosures to each other prior to signing the agreement. Each partner should disclose to the...more

IRS auditor loses flash drive exposing SSNs of almost 12,000 people

Katy Independent School District (ISD) was randomly audited by the IRS on August 5th. In order to conduct the audit, the IRS auditor had a flash drive with the names, addresses, birth dates and Social Security numbers of...more

Can You Videotape Someone Else’s Conversation?

Careful about protecting the safety of his customers, A.R. Remington, owner of Fishinabarrel Gun Range, installed surveillance cameras to blanket his premises, except the restrooms. Last week while target practicing with his...more

Declaring War on Drones: Is it a Crime to Shoot Down a Drone over Your Property?

Trying to avoid the sweltering heat, “Uncle Jesse” Duke was in the garage working on his moonshine operation when he heard a loud shriek in the backyard. He ran to the back to find his niece, Daisy, sunbathing by the pool....more

The Growing Scrutiny of Social Media by U.S. Courts and Agencies

The evolution of social media in business from “occasional accessory” to “integral component” has in turn forced the law itself to evolve in an attempt to address social media’s increasing relevance. Recent developments in...more

Customer Data in Corporate Sales - A Privacy Issue: German Privacy Watchdog Fines Seller and Purchaser for Personal Data Transfer

In a press release on 30 July 2015, the Bavarian data protection authority (DPA) announced that it had recently fined both seller and purchaser for unlawfully transferring customer data as part of an asset...more

The ABCs of COPPA Compliance

In today’s environment – when data breaches seem to be in the news nearly every day – the media, regulators and many others are hyper-focused on privacy issues. Schools and educational institutions are no exception when it...more

House Judiciary Subcommittee Holds Hearing On The Internet Of Things

In a July 29, 2015 hearing, lawmakers asked a panel of witnesses—all industry representatives—about the current and future challenges facing the Internet of Things, and what role, if any, Congress should play in addressing...more

OCC Comptroller Talks Future of Financial Services, Eyes FinTech Industry

On August 7, OCC Comptroller Thomas Curry delivered remarks at the Federal Home Loan Bank of Chicago, which was hosting a conference highlighting the future of financial services. Specifically, Curry discussed innovation in...more

Ashley Madison and Coming to “Terms” with Data Protection

A recent massive data hack of an online dating site Ashley Madison once again proves that what one publishes, says, or does online, even in seemingly private forums, is never completely private. It’s also a reminder that the...more

The changing faces of facial recognition

The new technology of facial recognition is starting with a smile. But as it develops, people may begin picturing it with a frown, or maybe a furrowed brow....more

Be aware of Windows 10 free upgrade opt outs

Since July 15, Windows 7 and Windows 8 users have been offered a free upgrade to Windows 10. Windows 10 includes Wi-Fi Sense, which features a default prompt that asks users to share access to WiFi networks that they have...more

Android smartphones Stagefright engine vulnerable

It is being reported that 95% of all Android smartphones are vulnerable to being hacked with a text message, which is being called the “heartbleed for mobile.” According to security experts, the vulnerability exploits the...more

Northern District of California Requires A Warrant to Access Cellphone Geographic Information

We previously reported that government access to cellphone geographic information or CSLI without a warrant has become a vigorous debate between the government, defense attorneys, and the federal bench. In a lengthy opinion,...more

Envelope’s Display of Barcode With Embedded Account Number Violates FDCPA, Federal Court Rules

A federal court in Pennsylvania has ruled that a debt collector violated the Fair Debt Collection Practices Act (FDCPA) by sending a collection letter in an envelope that allegedly revealed a barcode in which the plaintiff’s...more

FTC Considers Facial Recognition Parental Consent Method Under COPPA Rule

The Federal Trade Commission announced on July 31 that it is seeking public comment on a new verifiable parental consent method application submitted by Riyo under the Children’s Online Privacy Protection Act (COPPA) Rule. If...more

Attorney-Privileged Documents Mistakenly Released Under PRA Still Exempt

California Appellate Court Rules in Case Likely to be Decided by State Supreme Court - A public agency that inadvertently released attorney-client privileged documents to the public did not waive its right for those...more

Will the EU’s ‘right to be forgotten’ law become global? Google sure hopes not

While Google did in fact comply with the Court of Justice of the European Union’s (CJEU) May 2014 order, which allowed individuals in Europe to request that a search engine ‘delist’ certain information about them from...more

Facial Recognition and Privacy

Based upon the way modern computers are designed, there are certain tasks they are much better at performing than humans. It wouldn’t be pedantic to point the fact that’s the purpose of a computer in the first place: to do...more

tyntec releases BYOD Survey 2015

tyntec, a telecom-web convergence company, recently released its BYOD Survey 2015: Employees’ Choice for Mobility white paper. The paper is the culmination of an online survey of 1,320 respondents from May 16 – May 22, 2015....more

The Facebook Warrant Decision

Last week a New York state appeals court recognized that “Facebook users share more intimate personal information through their Facebook accounts than may be revealed through rummaging about one’s home.” Nonetheless, the...more

Retail Tracking Update: Privacy Guidance Following Nomi Technologies

There is currently a widespread effort to quantify everything, from steps, to sleep, to batted ball exit velocity. Fifteen years ago, TV host Jeremy Clarkson tested an innovative new supercar that could quantify your driving...more

Drones in Florida — New Laws and Regulations

If you are one of the cool kids, or cool adults, or a techie, you might have received a drone for a gift during the past year. Like a toy out of the future, drones allow observation from above and afar. They are very cool....more

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