Privacy Laws

News & Analysis as of

Federal student privacy law in flux

In recent months, the White House and members of Congress have called for an overhaul of the forty-year old Family Educational Rights and Privacy Act (“FERPA”) ((20 U.S.C. § 1232g; 34 CFR Part 99), which safeguards the...more

California Eyes Groundbreaking Privacy and Cybersecurity Legislation

In California, home to Silicon Valley, Biotech Beach, drones and some of the nation’s strongest laws protecting personal and consumer privacy, legislators are grappling with how to balance popular innovations in technology...more

US giants in trouble with new EU privacy rules

The European Council approved the “one-stop-shop” privacy rule which might cause relevant issues to companies operating in different EU countries, including large American Internet and technology companies, where separate...more

European Hearing on the Future of Safe Harbor

Back on February 12th 2015, Max Schrems, the Austrian law student who began Europe v. Facebook, posted a tweet suggesting that the Court of Justice of the European Union (CJEU) may hear his case as soon as this month. Since...more

Consumer Privacy Bill of Rights

The White House released its much anticipated legislative proposal on the Consumer Privacy Bill of Rights Act (CPBRA) that was first floated in 2012. The CPBRA, if enacted (which seems unlikely before 2016), would provide...more

Ofgem's Smart Meter Network Decision: UK gas and electricity consumer privacy gets broader protection

In February 2015, Ofgem (the UK’s Office of Gas and Electricity Markets) published its Decision on Extending the Smart Meter Framework to Remote Meters (the Decision). This confirms that, following a public consultation, the...more

NTIA Kicks Off Drone Privacy Best Practice Process

Federal efforts to formulate a series of rules governing the commercial use of drones, or unmanned aircraft systems (“UAS”), took another step forward on March 5, 2015, when the National Telecommunications and Information...more

Weekly Data Privacy Alert - February 2015

EU - Google’s Advisory Council Publishes Final Report on the Implementation of the Right to be Forgotten: The report sets out the criteria the search engine should take into account when considering a request from a...more

How Data Privacy Regulations Changed Across Asia-Pacific in 2014

2014 saw a large number of significant developments in data privacy laws across Asia-Pacific. However, unsurprisingly there has not been a consistent approach across Asia-Pacific towards the development of data privacy...more

New California Privacy & Protection Act Proposes Standards for Personal Information Encryption, Bans Sales of Voice-Recording TVs,...

New legislation proposed in California includes a package of privacy-related bills referred to as the California Privacy & Protection Act. The bills proposed include...more

China to Implement New Personal Data Protection Rules

Effective March 15, 2015, China’s State Administration for Industry and Commerce (SAIC) will implement the new Measures for Penalties for Infringing upon the Rights and Interests of Consumers (Measures). The Measures clarify...more

FRANCE: CNIL Adopts New “Compliance Pack” for the Insurance Sector

In November 2014, the French Data Protection Authority (“CNIL”) issued a new “compliance pack” for the insurance sector, following consultations with trade associations. Written by Carol Umhoefer and Mathilde Hallé...more

Social Media: 10 Fundamental Questions All Businesses Should Consider About Their Online Presence

Twenty years ago, the social media world we now live in was the stuff of science fiction. Today, social media is a critical business tool creating unprecedented opportunities for direct consumer interaction, brand awareness,...more

International Data Privacy Day: Our Top 10 Data Privacy Tips

It’s International Data Privacy Day! Every year on January 28, the United States, Canada and 27 countries of the European Union celebrate Data Privacy Day. This day is designed to raise awareness of and generate discussion...more

Stop Debt Collectors from Calling Your In-Laws

A favorite tactic of debt collectors is to call the family and friends of the person they are trying to collect money from. And it makes sense…do you want your in-laws…your brother….your best friend…all knowing that you are...more

New Jersey Imposes New Encryption Standards for PHI

New Jersey recently amended its privacy laws to now require health insurers and care providers that do business in the state to encrypt PHI....more

Status Updates - January 2015 #5

Pupils, passwords and privacy. A law that went into effect on January1st has the parents of some Illinois school children asking themselves how much of their children’s privacy they’re willing to forgo to keep cyberbullying...more

Navigating the Cyber Liability Storm - Part II

Franchisors are facing a precarious three-way intersection of increased accountability and regulation over consumer privacy, the growing volume and sophistication of cyber-attacks on consumer data, and the expanding...more

Navigating the Cyber Liability Storm Part I

Franchisors are facing a precarious three-way intersection of increased accountability and regulation over consumer privacy, the growing volume and sophistication of cyber-attacks on consumer data, and the expanding...more

Missed Davos? Catch up online with the forum’s top Internet issues

If you care about the latest in Internet policy, you probably wish you were side by side with industry and world leaders at the World Economic Forum in Davos, Switzerland — maybe participating in a panel with Bill Gates,...more

Cybersecurity and Privacy in State of the Union Address

As expected in his State of the Union address last night, President Obama made it very clear that cybersecurity is on his agenda for 2015. After stating that: “No foreign nation, no hacker should be able to shut down...more

In with the New: 2015 Privacy, Advertising and Digital Media Predictions – Part III

Part III of our 2015 predictions series comes from Of Digital Interest editor and McDermott partner, Heather Sussman, who predicts that states will be active with privacy and data security legislation during 2015....more

Looking Ahead in 2015: Obama Announces Push for Privacy Legislation in Final Term

President Obama provided a preview of his State of the Union address next week which will propose comprehensive data privacy legislation, including a nationwide data-breach notification law, a Consumer Privacy Bill of Rights,...more

Privacy obligations and legal risks of drones

Privacy breaches and potential liabilities might increase as a consequence of the usage of drones that represent a massive resource in a number of different sectors, but might also trigger some “new” unexpected legal risks....more

Sports, Media and Entertainment Intelligence - January 2015 (Global)

UK: World Anti-Doping Agency announce collaboration with Pfizer - On 3 December 2014, the World Anti-Doping Agency announced a global collaboration agreement with American pharmaceutical corporation Pfizer Inc, aimed at...more

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