Third-Party Personally Identifiable Information

News & Analysis as of

Advertising Law - October 2015 #4

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

Video Privacy Protection Act Narrowed – App’s Transmission of Roku ID Not Disclosure of Personal Information

A New York district court opinion is the latest addition to our watch of ongoing VPPA-related disputes, a notable decision on the issue of what exactly is a disclosure of “personally identifiable information” (PII) under the...more

Employee Health Information: Separate and Secure

There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more

Important Circuit Court Ruling Limits Scope of VPPA Liability

The Eleventh Circuit issued a notable ruling this week limiting a mobile app’s liability under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, a law enacted in 1988 to preserve “consumer” personal privacy with...more

Does Your Website Privacy Policy Need Some Love?

Everyone does it, especially startups. You need a privacy policy for your website, and your legal budget is limited. Hop onto Facebook (or Google, or Amazon) — cut, paste and voilà! — your startup has a shiny new privacy...more

Is Your HIPAA Compliance Program Ready for the FTC?

Everyone in healthcare knows that the next round of HIPAA audits is coming. Covered entities and business associates have long been advised to review and update their HIPAA security risk analyses, have business associate...more

California Amends Definition of Personal Identifiable Information and Breach Notification Content Requirements

On October 6, 2015, California Governor Jerry Brown signed into law several changes to California’s Data Breach Notification Statute. The law, as amended, adds additional categories of information into the definition of...more

New Delaware Act Requires Online Privacy Policy for Websites

A new privacy law requires companies to make specific statements about what information is collected on its website. Like California, it also requires that companies state in writing whether they respect “Do Not Track”...more

SEC Charges Investment Adviser With Failure to Adopt Proper Cybersecurity Policies and Procedures

A registered investment adviser agreed to settle SEC charges that it failed to adopt adequate cybersecurity policies and procedures reasonably designed to protect customer records and information as required by Rule 30(a) of...more

SEC Announces Cybersecurity Enforcement Action

On September 22, 2015, the Securities and Exchange Commission (SEC) announced the settlement of an enforcement action against a St. Louis-based registered investment adviser (Adviser) brought under Rule 30(a) of Regulation...more

China Promulgates Tougher Criminal Provisions Governing Data Privacy

One of the more dramatic privacy law developments in China in 2014 was the August criminal conviction of foreign nationals Peter Humphrey and Yu Yingzeng for their violation of Article 253 of the Criminal Law (??) associated...more

Japan – New ID Number Law: Key Aspects of the My Number Act

The Social Security and Tax Number (“My Number”) System (the “System”) will go into effect in January 2016, and the government will start distributing My Numbers to all citizens in October 2015. The Act on the Use of Numbers...more

Advertising Law - August 2015 #4

In Case You Missed It: Possible Jail Time for TCPA Violations, Microsoft Gets Slammed With Solicitation Scam Class Action, and 'Do Not Disturb' Technology Gets Pushed on FCC - The world of the Telephone Consumer...more

FCC Settles First Data Security Enforcement Action

On July 9, 2015, the Federal Communications Commission settled its first data security case with two related telecommunications carriers – TerraCom, Inc. and YourTel America, Inc. – for $3.5 million. The settlement resolves...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

Privacy Monday – July 2015

Welcome to the dog days of summer 2015. Three privacy & security bits and bytes to start your week (if you are reading this on vacation … good for you!) 1. ICYMI: Massive Data Breach at OPM Claims Victim — The Director...more

Low-Tech Proof In a High-Tech World: Northern District of California Denies Class Certification In Hulu Data Privacy Case

On June 16, the Northern District of California denied a motion for class certification in In re Hulu Privacy Litigation, No. C 11-03764 LB, ECF No. 111. The plaintiffs in that action alleged that Hulu violated the Video...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

Kentucky Enacts Data Breach Notification Laws

On April 10, 2014, Kentucky became the 47th state to enact data breach notification laws. The new Kentucky law applies to “Information Holder[s],” defined as a persons or business entities that conduct business in Kentucky,...more

Hulu Video Privacy Protection Act Summary Judgment Ruling in the N.D. of California Emphasizes Importance of Knowing What Data...

On Monday, April 28, 2014, the Northern District of California in In Re: Hulu Privacy Litigation, No. 3:11-cv-03764-LB (M.J. Laurel Beeler), issued a summary judgment opinion under the Video Privacy Protection Act (“VPPA”),...more

China Takes Further Steps to Strengthen the Protection of Personal Information

Recent provisions issued by China’s Ministry of Industry and Information Technology underscore the country’s increased emphasis on the protection of telecommunications and internet users’ personal information....more

Did You Know…Employee Privacy Rights May Be Trumped By Third Party Requests For Disclosure Of Contact Information

The California Supreme Court ordered the County of Los Angeles to disclose non-union employees’ contact information to SEIU Local 721. ...more

Sharing of Form I-9 or E-Verify Data May Be Unlawful

Employers and third-party vendors should identify needs and explore alternatives. On May 30, the U.S. Department of Justice's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) issued a...more

FTC Issues Recommendations on Mobile Data Disclosures, Urges Mobile Industry To Act

Data use and sharing disclosures on mobile devices need work, the FTC said in a staff report released last week. The report recommends ways that actors in the mobile marketplace—such as mobile operating system providers,...more

FTC Amends COPPA Rule and Previews Future Enforcement Policies

On December 19, 2012, the Federal Trade Commission ("FTC") adopted the first amendments to the Rule promulgated under the Children's Online Privacy Protection Act (hereinafter, "COPPA" for the Act, and "COPPA Rule" for the...more

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