UPDATE: Here’s a link to the English-language version of the ECJ’s full decision: Schrems Safe Harbor Decision A press release issued by the Court of Justice of the EU (ECJ) regarding its decision in the Schrems Safe Harbor case (C-362/14) confirms that the ECJ has declared Safe Harbor invalid. The ECJ has sent the case back… Continue Reading
Rather than our usual Privacy Monday “bits and bytes,” we have a breaking story relating to the ongoing Wyndham/FTC saga. Today, Wyndham Worldwide Corp. lost a critical round in the Third Circuit. Anticipated since April, 2014, the three-judge panel upheld U.S. District Judge Esther Salas’ ruling that the Federal Trade Commission (FTC) has the authority… Continue Reading
It’s Privacy Monday again – and summer is winding down. Here are three bytes of privacy/security information to start your week: 1. House Committee Releases HHS Breach Investigation If you are subject to HIPAA and the oversight of the Department of Health and Human Services (HHS), schadenfreude will probably best describe your reaction. A report… Continue Reading
On this Privacy Monday, we have some upcoming events that you might want to add to your calendar. Wednesday, May 13 – Mintz Employment Law Summit (Boston) A discussion of hot topics facing employers, including Privacy in the Workplace. Free event, breakfast and lunch included. Register here. Wednesday, May 13 – National Security, Privacy, and… Continue Reading
As we predicted in our post late last month, Google’s YouTube Kids app has attracted more than just the “curious little minds” Google was hoping for. Yesterday, a group of privacy and children’s rights advocates (including the Center for Digital Democracy and the American Academy of Child and Adolescent Psychiatry) asked the Federal Trade Commission… Continue Reading
Following up on my recent post on the matter, I had the opportunity to speak with Colin O’Keefe of LXBN on the subject of cross-device tracking. In the brief interview, I discuss the growing prevalence of cross-device tracking and what the FTC is doing in response.
Facebook does it. Google does it. It’s everywhere in the mobile ad ecosystem. And your smartphone does it more often than you know, according to a study released on Monday by Carnegie Mellon. Now, Federal authorities have turned their attention to cross-device and cross-service tracking of consumers over the last several days and weeks. Speaking at… Continue Reading
The Federal Communications Commission’s (“FCC”) net neutrality proceeding culminated this month with the release of an Order reclassifying broadband Internet access service as a common carrier Telecommunications Service subject to regulation under Title II of the Communications Act. Previously, the FCC classified broadband service as a lightly regulated Title I Information Service, while Title II… Continue Reading
Today is Data Privacy Day, and as you might expect, we have a few bits and bytes for you. Use the Opportunity Data Privacy Day is another opportunity to push out a note to employees regarding their own privacy and security — and how that can help the company. Emails with articles and reminders… Continue Reading
Written by Cynthia Larose, CIPP and Ari Moskowitz, CIPP This has been a big week for cybersecurity announcements from Washington. In what the White House has called a series of “SOTU Spoilers,” President Obama announced his intention to follow through on some of the recommendations in his administration’s Big Data report — the culmination of… Continue Reading
Three privacy/security stories that you should know as you start your week: President Obama to Offer Cybersecurity/Privacy Previews to State of the Union Proposals In a series of speeches this week, President Obama will preview important issues to appear in his January 20th State of the Union address. A White House official said… Continue Reading
Questions of Authority – who will be the federal regulatory cop on the privacy beat? FTC? FCC? Privacy, Data Security Jurisdiction Questions to the Forefront in 2015 Written by Christopher Harvie As privacy and data security gain more visibility among policy-makers, questions of federal agency authority and jurisdiction are also gaining a higher profile. Since… Continue Reading
Sometimes the day just gets away from you… Here are three privacy & security things you should know for your week: 1. FTC Cites TRUSTe With Misrepresenting Practices – Fines $200,000 Apparently TRUSTe hasn’t been quite so …. the fine is part of an agreed settlement with the FTC, under which the Commission has charged… Continue Reading
Corrective action taken by Verizon Communications to fix security issues with its FiOS and DSL routers resulted in the FTC closing its investigation to determine whether Verizon’s distribution of the routers was an unfair or deceptive practice. According to the FTC, Verizon regularly shipped routers to consumers with the default security set to the outdated… Continue Reading
As we promised in our post on the Yelp and TinyCo Federal Trade Commission COPPA enforcement actions, the Mintz Privacy Team has prepared an extensive review and analysis of both actions, and a helpful guide to avoiding COPPA violations. Client Advisory is available here.
Written by Julia Siripurapu, CIPP As we predicted in prior blog posts (here and here), the Federal Trade Commission has begun its vigorous enforcement of the Amended COPPA Rule. And one of the players is not a child-related site, so read on.
FTC Sues Amazon Over In-App Purchases Made by Children Written by Jake Romero, CIPP Children, according to Whitney Houston, are our future, but they are also, according to the Federal Trade Commission, willing to spend unlimited amounts of money to purchase virtual items within mobile applications. In a lawsuit filed after Amazon.com, Inc. resisted a… Continue Reading
Written by Jake Romero, CIPP If you are one of the approximately 1.3 billion people who use Facebook, you’ve likely experienced the phenomenon where a single event (like Luiz Suarez biting that Italian guy or pretty much anything involving TSA) manages to raise the ire of a large number of your Facebook friends, causing them… Continue Reading
Written by Adam Veness New Jersey U.S. District Judge Esther Salas agreed to allow Wyndham Hotels and Resorts LLC to immediately appeal to the Third Circuit a ruling affirming the FTC’s authority to bring data security cases. We have been following this case since the beginning, and you can see our last post here. Judge Salas… Continue Reading
Written by Jake Romero, CIPP/US As a country we are quickly approaching a time in which most adults will be disqualified from being elected to public office because of something they posted on their social media account while growing up. Against this backdrop of over-sharing, Snapchat, Inc. won over the hearts of its users with… Continue Reading
Written by Andowah Newton Some important takeaways to start your weekend: Data Breach Incidents—Especially “Ransom” Incidents, are on the Rise—One panelist observed that the New York State Attorney General’s Office received reports of approximately 900 data breach incidents during the past year alone. There has been a significant increase in reports of “ransom” incidents, in… Continue Reading
Written by Andowah Newton Yesterday, Mintz Levin attended a panel breakfast sponsored by the New York City Bar’s Committee on Women in Intellectual Property. The panel featured two practitioners, one from the public sector and one from the private sector. The panel was moderated by Karen Greenberg, Director at Fordham Law’s Center. Some takeaways that we… Continue Reading
Welcome to the first Monday in April. Our Privacy Monday is a report on the Federal Trade Commission’s latest privacy notice-related settlements with Fandango and Credit Karma. These settlements should be reviewed by any company with (or planning to have) mobile applications and reinforces our mantra: Say what you do, and do what you say. … Continue Reading
Written by Julia Siripurapu The FTC has announced its unanimous approval for the kidSAFE Seal Program proposed by Samet Privacy, LLC under the “safe harbor” provision of the COPPA Rule (the “kidSAFE Seal Program”). The Commission’s decision comes after an extended public comment period due to the agency’s shutdown last year. For more information regarding… Continue Reading