If you are not paying for a service on the Internet, you are the product being sold to paying customers. But if you are paying for the service, can you be the product too? Of course....more
4/22/2022
/ Amazon ,
Credit Karma ,
Data Collection ,
Data-Sharing ,
E-Commerce ,
Facebook ,
Federal Trade Commission (FTC) ,
Google ,
H&R Block ,
Internet ,
Internet Marketing ,
Personal Data ,
Privacy Laws ,
Subscription Services ,
TurboTax
In the past 5 years businesses felt the increasingly intricate data management rules (GDPR, CCPA, BIPA) pressed against an explosion in hacking and ransomware. Companies experience pressure from legislators, regulators,...more
3/15/2022
/ Biometric Information ,
Continuing Legal Education ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Use Policies ,
Geolocation ,
Hackers ,
New Legislation ,
Privacy Laws ,
Ransomware ,
State Privacy Laws ,
Webinars
Where are you?
Your exact location is a tidbit of information that can infringe on your privacy. Knowing your location all the time can help someone map your life....more
3/9/2022
/ California Privacy Rights Act (CPRA) ,
Consumer Information ,
Data Collection ,
EU ,
Geolocation ,
Location Data ,
Location Privacy ,
Mobile Apps ,
Mobile Devices ,
Mobile Privacy ,
Privacy Concerns ,
Sensitive Personal Information ,
State Privacy Laws
Four years after GDPR was implemented, we are seeing the pillars of the internet business destroyed. Given two new EU decisions affecting the practical management of data, all companies collecting consumer data in the EU are...more
Companies collecting consumer DNA for non-medical purposes seem to be playing fast and loose with their customers’ data, according to a well-regarded consumer watchdog. This category of private money makers, which could...more
1/19/2022
/ Consent ,
Consumer Privacy Rights ,
Consumer Reports ,
Data Collection ,
Data-Sharing ,
DNA ,
Genetic Materials ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
Prior Express Consent ,
Privacy Laws ,
Third-Party Service Provider
Florida and California join a growing minority of states enacting laws protecting a person’s genetic information (Nevada and Alaska also have laws). Florida’s new genetic privacy law, known as Protecting DNA Privacy Act, went...more
Your personal information is threatened by more pernicious tools and attacks each year.
While this blog often describes poorly written privacy laws stifling business and dangerous bureaucratic overreach by privacy...more
10/6/2021
/ Apple ,
Artificial Intelligence ,
Consumer Privacy Rights ,
Cyber Threats ,
Cyber-Stalking ,
Data Brokers ,
Data Collection ,
Due Process ,
Google ,
Law Enforcement ,
Mobile Apps ,
Personal Information ,
Proposed Legislation ,
School Districts ,
Software ,
Spyware ,
Surveillance ,
Tracking Systems ,
Warrantless Searches ,
Warrantless Tracking ,
Wearable Technology
Most biometric readings require your presence in the same space as the measuring tools. Facial recognition, retinal capture, fingerprints or hand geometry, even biomarked scents are measured in close physical proximity. The...more
AI is hungry for data.
Training and testing the machine-learning tools to perform desired tasks consumes huge lakes of data. More data often means better AI....more
Is more information always better?
If someone wants to limit the use of information, and others want to expose, discuss or publicize it, who wins?...more
7/13/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Data Collection ,
Data Deletion ,
Defamation Act ,
EU ,
FOIA ,
Google ,
Privacy Laws ,
Right to Be Forgotten ,
State Privacy Laws ,
Sunshine Laws
Your car is spying on you, and you may have invited others to spy on you in the car too.
We have long known that connected devices have the capabilities of tracking our movements and behavior to send to unknown data...more
Stephanie Lambert, Chief Compliance Counsel with NetScout Systems, Inc., and Womble Bond Dickinson partner and veteran cyber attorney Ted Claypoole talk with host and business litigator, Mark Henriques, about the current...more
3/22/2021
/ Antitrust Provisions ,
Chief Compliance Officers ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Storage ,
Information Governance ,
International Data Transfers ,
Privacy Laws ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
Technology Sector
We had started getting (sort of) comfortable with the CCPA—California’s omnibus privacy legislation—when the state decided to change the law again. The CCPA just began to be enforced in July of 2020 when a mere 4 months...more
This may be the year when the limitation of biometric capture goes national. Right now, companies using biometrics are driven by one state law, but others could soon join....more
Your body may be a wonderland or a wasteland, but it is a goldmine of data. Collectors of information have noticed.
In our midwinter exploration of the economic and legal foundations of data regulation, we next turn to a...more
Last week I jumped from the starting point of the newest U.S. anti-trust action against Google into a discussion about the legal and economic status of data. I would like to carry the discussion of data further....more
Two weeks ago I collected the major recent anti-trust/competition lawsuits, by regulators and competitors alike, filed against U.S. big technology companies. My point was that, after a long fallow period where these giants...more
Stung by Brexit and set adrift by a neglectful U.S. foreign policy, the European Union has started to explore new ways of breaking away from the rest of the world, including taking steps to cordon EU data into locally managed...more
12/4/2020
/ Cybersecurity ,
Data Collection ,
Data Localization Law ,
Data Privacy ,
E-Commerce ,
First Amendment ,
Foreign Policy ,
Free Speech ,
International Data Transfers ,
Internet ,
New Regulations ,
UK Brexit
Privacy, the gig economy, and access to digital information in our cars were all issues on ballots Tuesday for direct response of the voters. U.S. technology companies will be affected by the results of these...more
11/9/2020
/ Ballot Measures ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
Privacy Laws ,
State and Local Government ,
Technology Sector
I am an advocate of providing law enforcement officers the newest technology to do their jobs well.
If there is a recording of an event, the police should be able to use it.
If a stingray can capture cell phone...more
8/28/2020
/ Criminal Investigations ,
Customs and Border Protection ,
Data Collection ,
Databases ,
Facial Recognition Technology ,
First Amendment ,
FOIA ,
Fourth Amendment ,
Invasion of Privacy ,
Law Enforcement ,
Privacy Concerns ,
Smartphones
If a picture of your face is used for a purpose that doesn’t identify you, is your privacy violated?
If the publicly available picture was used just to show a face, distinguished from some faces, similar to others, and fed...more
7/22/2020
/ Alphabet Company ,
Amazon ,
Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Facial Recognition Technology ,
Machine Learning ,
Microsoft ,
Name and Likeness ,
Personal Data ,
Public Information ,
State Privacy Laws
For 25 years – since the introduction of Internet Explorer 2 – our browsers supported third-party cookie technology that formed the basis of internet advertising.
The cookie party is ending.
Tech lawyers and business...more
As the CCPA enforcement date of July 1, 2020 approaches next week, California privacy rights were already on the minds of many businesses. However, just as organizations wrap up month and year-long projects to address those...more
This is one of several client alerts in a series counting down to the CCPA effectuation date.
Don’t wait to implement your California Consumer Privacy Act (“CCPA”) compliance mechanisms as changes to your operations may be...more
10/24/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
COPPA ,
Cybersecurity ,
Data Collection ,
Data Processors ,
Data Protection ,
Online Safety for Children ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Policy ,
Right to Delete ,
State Data Breach Notification Statutes
Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. As a reminder, the CCPA takes effect January 1, 2020 and can apply to businesses even if they do...more
9/19/2019
/ Amended Legislation ,
B2B Organizations ,
B2B Transactions ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Fair Credit Reporting Act (FCRA) ,
Governor Newsom ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Private Right of Action