News & Analysis as of

Data Protection Data Collection Data Privacy

GDPR: Ready for the EU’s New Data Privacy Law? What You Need to Know

by Knobbe Martens on

What is the GDPR? The European General Data Protection Regulation (GDPR) is a new law going into effect on May 25, 2018 that grants European residents broad, never-before-recognized data privacy rights, and imposes...more

FTC Workshop Provides Insight on Best Practices to Mitigate Informational Injuries

On December 12, 2017, the FTC hosted a workshop to discuss informational injuries that consumers may suffer when their personal information is misused. Discussion topics included the types of informational injuries consumers...more

Privacy Perils: The Internet of Things

by Bass, Berry & Sims PLC on

The Internet of Things (IoT) is a network of connected devices that are able to collect and share data using embedded sensors. Smart homes are an area where IoT is heavily used. For example, using your cell phone while in...more

Sears Petitions to Change Its 8-Year-Old FTC Privacy Settlement Order

by Reed Smith on

On October 30, 2017, Sears Holding Management Corporation (“Sears”) petitioned the Federal Trade Commission (“FTC”) to reopen and modify the settlement to which they agreed in 2009. At that time, Sears agreed to a consent...more

FTC Issues Enforcement Policy on Collection and Use of Voice Recordings of Children Under COPPA

by Kelley Drye & Warren LLP on

On Monday, the FTC issued an Enforcement Policy Statement stating that the Commission will not take action against operators that collect an audio file of a child’s voice as a replacement for written words, such as for...more

The Data Report Episode 18: Privacy Shield

by Bilzin Sumberg on

Module Five: International Law (Part III) In this episode of The Data Report, Litigation attorney Jay Ward discusses compliance with the GDPR requirements. Jay examines "Privacy Shield," the framework that provides a set of...more

Windows 10 Fails to “Go Dutch” When it Comes to Protecting Privacy: Data Privacy Trends

by CloudNine on

According to Silicon (Windows 10 Data Collection Branded A Breach Of Dutch Privacy Law, written by Roland Moore-Colyer), the Dutch Data Protection Authority (DPA) has declared that Windows 10 breaches the data protection law...more

Federal Trade Commission’s Uber Consent Agreement Designates Geolocation Information as Personal Information

by Williams Mullen on

The Federal Trade Commission (FTC) recently entered a Consent Agreement with Uber that includes “precise geolocation information” in the list of personal information that is to be protected. While the Consent Agreement only...more

The FTC’s Uber Consent Order: A Warning to Fast-Growing Companies

by Mintz Levin on

Recently, Uber agreed to a proposed Federal Trade Commission (FTC) consent order (“Consent Order”) to settle charges in an FTC complaint (“Complaint”) regarding behavior stemming back to at least 2014. Acting Chairman Maureen...more

Retailers: Review Those Checkout Practices – Again

If you are a retailer with locations in New Jersey, you will need to review your procedures in anticipation of a new law effective October 1, 2017....more

Washington’s New Biometric Privacy Law: What Businesses Need to Know

by Davis Wright Tremaine LLP on

With the rise in hackings and data breaches, companies and government agencies are looking for ways to protect their data that offer more security than passwords. Because passwords are easily lost, stolen, guessed, and...more

Washington State Passes Law Restricting Commercial Collection, Storage And Use Of Biometric Data

by Fox Rothschild LLP on

On July 23, 2017, Washington State will become the third state (after Illinois and Texas) to statutorily restrict the collection, storage and use of biometric data for commercial purposes. The Washington legislature explained...more

Who reads privacy policies?

by Thompson Coburn LLP on

Americans’ privacy is protected on the Internet and mobile apps by a classic disclosure system — we expect those who collect, use, and transfer data to disclose their practices. The basic idea is that consumers, armed with...more

Defamation and data protection claims can be brought in parallel

by White & Case LLP on

The English Court of Appeal has confirmed in a recent case that data protection claims may be brought hand-in-hand with defamation claims. The case provides a reminder to businesses that the use of data protection as a weapon...more

WhatsApp security flaw, lawsuit in Germany

Tobias Boelter, a University of California Berkeley cryptography researcher claims that last year he found a security flaw in WhatsApp’s encrypted smart phone messaging application. The flaw, which relates to the unique...more

EU e-Privacy Regulation Raises Stakes for Compliance

by Ballard Spahr LLP on

The European Commission's proposed e-privacy regulation sets forth obligations on handling electronic communications and clarifies obligations for seeking consent for the use of cookies. Meant to bring the e-privacy directive...more

Broadband Providers Face New Regulations for Protection of Consumer Data

Last week, the Federal Communications Commission (FCC) released landmark protections for internet users, requiring permission from broadband subscribers before broadband providers can collect data on the subscribers’ web...more

NAIC Cybersecurity Task Force Adopts Cybersecurity Bill of Rights

by Foley & Lardner LLP on

On October 14, 2015, the National Association of Insurance Commissioners’ (NAIC) Cybersecurity Task Force adopted the Cybersecurity Bill of Rights, a document meant to inform consumers of the services they can expect from...more

San Francisco Launches First “Internet of Things” Wireless Network in United States

by Reed Smith on

With the onslaught of smart watches, smart thermostats, and even smart refrigerators that allow you to Tweet hungry messages to your followers, it’s only natural that a “smart city” would follow. This week, San...more

Three Trending Topics in IoT: Privacy, Security, and Fog Computing

by Foley & Lardner LLP on

Cisco has estimated that there will be 50 billion Internet of Things (IoT) devices connected to the Internet by the year 2020. IoT has been a buzzword over the past couple of years. However, the buzz surrounding IoT in the...more

Tagging Trouble: Forays into the Regulation of Biometric Data

by Womble Bond Dickinson on

We leave breadcrumbs of biometric information scattered around our daily lives, which may be collected and used by private entities, often without our knowledge or consent. The sound of your voice when you call your bank’s...more

FTC Sees Disconnect on Proposed Connected Cars Legislation

by McDermott Will & Emery on

The Energy & Commerce Committee of the U.S. House of Representatives held a hearing on October 21st titled “Examining Ways to Improve Vehicle and Roadway Safety” to consider (among other matters) Vehicle Data Privacy...more

PRIVACY POLICIES AND THE SALE OF CORPORATE ASSETS: It pays to plan ahead to preserve the value of your data assets

by Orrick - Trust Anchor on

Personal data is a valuable corporate asset. At times, the personal information collected from customers (such as email address, mailing address, phone number, etc.) can be a company’s most valuable asset. Unfortunately,...more

Advertising Law - October 2015 #2

"Flying Rabbi" Suit Crash Lands in NY Appellate Court - A New York man was unsuccessful in his lawsuit accusing Jimmy Kimmel of misappropriating his image during a skit on the late night TV show, Jimmy Kimmel...more

Data privacy in the Americas - At a glance

by FordHarrison on

As multinational employers are aware, data privacy laws can vary greatly from jurisdiction to jurisdiction. Ensuring compliance with the different requirements can be challenging, and the penalties for noncompliance can be...more

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Cybersecurity

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