Privacy and Data Security
Federal and state laws regulate the collection and use of personal information. The FTC and states attorney general enforce privacy-related promises made to consumers and initiates investigations and enforcement actions against organizations that violate consumers’ privacy rights and fail to implement reasonably adequate data security protocols.
FTC Issues Final Report on Protecting Consumer Privacy
On March 26, 2012 the Federal Trade Commission published a landmark privacy report entitled “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers.” For those companies that collect, maintain, use and/or sell consumer data, the Report presents several critical takeaways. Privacy is now a priority for the FTC and future…
Read Article...What FTC’s Proposed COPPA Revisions Mean for Advertisers, Publishers and Mobile Developers
On September 15, 2011, the Federal Trade Commission disclosed that it is seeking comments on several modifications to the Children’s Online Privacy Protection Act in response to advances in online technology. The Children’s Online Privacy Protection Act (COPPA) and the FTC’s implementing rule requires that operators of commercial websites and online services directed to children under the…
Read Article...An Introduction to the “Do Not Track Me Online Act of 2011”
On February 11, 2011, Rep. Jackie Speier (D-Calif.) introduced the “Do Not Track Me Online Act of 2011.” The proposed legislation attempts to impose additional regulat0ry burdens upon eCommerce. The bill would direct the Federal Trade Commission to develop standards and provide enforcement for the Internet “do-not-track” mechanism. In short, the bill would prohibit the online…
Read Article...Legal Standards for Law Enforcement Officials That Wish to Utilize Location-Based Data
It appears as though draft privacy legislation is in the works that will clarify what legal standards law enforcement officials must meet, prior to utilizing geolocation data generated by an individual’s mobile phone, to track an individual’s physical movements. At present, there are no clear guidelines on this issue which complicates matters for communications service providers…
Read Article...Employer Computer Usage Policy Negates Confidentiality Privilege for E-Mail Sent Via Work Computer
Does an office worker waive her attorney-client privilege with respect to e-mail communications between herself and her attorney by transmitting them on her employer’s computer network? On January 13, 2011, the California Court of Appeal, Third District, held that e-mail messages that a California employee sent to her personal attorney on a company-issued computer regarding possible legal action…
Read Article...Proposed New York State Legislation Would Preclude Disclosure of Private Information Without Consumer Consent
On January 5, 2011, legislation was introduced in the New York State Assembly that would prohibit online computer services from disclosing the personal information of subscribers without their consent. The bill, which faces an uncertain future in the legislature, is intended to prevent identity theft and would ban the sale, rental, or other dissemination of personal information to any…
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