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Privacy Monday – August 18, 2014

Posted in Data Breach, Data Compliance & Security, Online Advertising, Privacy Monday, Privacy Regulation, Security

There is another retail data breach to talk about in this Privacy Monday post – privacy & security bits and bytes to start your week. Supermarket Chain Reports Data Breach Minnesota-based food retailer Supervalu Inc. has reported breach of its point-of-sale (POS) system, apparently by hackers.  A press release on the corporate website describes the… Continue Reading

How Online Advertisers May Steal Your Personal Information: Recommendations for Protecting Consumers

Posted in Cybersecurity, Online Advertising, Security

Written by Adam Veness The United States Senate Permanent Subcommittee on Investigations recently released a report outlining six findings concerning online advertising risks to consumers’ personal information and four recommendations on how to protect consumers from these hidden hazards. FINDINGS 1) Consumers risk exposure to malware through everyday activity.  Consumers can incur malware attacks by… Continue Reading

Complaint from BBB Triggers HarperCollins COPPA-Compliance Measures

Posted in Children, Data Compliance & Security, Online Advertising

Written by Julia Siripurapu The Children’s Advertising Review Unit (CARU) announced (press release) that  it has recommended that HarperCollins Publishers Ltd. (the “Company”) modify its information collection practices on its Ruby Redfort child-directed website (the “Site”) to better protect the privacy of children under 13  (“Children”) and that the  Company has agreed to do so…. Continue Reading

Senator Markey Back in the Privacy Hunt: Google’s New Terms of Service Prompt Letter to FTC

Posted in Federal Trade Commission, Online Advertising, Privacy Regulation

Written by Adam Veness Google has recently announced changes to its terms of service that will allow Google to incorporate its users’ photos, comments and names in advertisements.  This new policy will go into effect on November 11th. Seemingly always quick to action when privacy issues are implicated, Senator Edward J. Markey (D-MA) has already… Continue Reading

California Update: What Can Brown Do for You? What You Need to Know About the Two Data Privacy Bills Headed to the Desk of California’s Governor

Posted in Legislation, Online Advertising, Privacy Regulation

Two data privacy bills, Assembly Bill 370 and Senate Bill 568 have been sent to California Governor Jerry Brown for signature.  As we previously reported, A.B. 370 would require commercial websites or online services that collect personally identifiable information to disclose how that site or service responds to “do not track” signals or similar mechanisms. … Continue Reading

Summer Break is Over for California Senate, Which May Mean New “Do Not Track” Disclosure Requirements for You

Posted in Online Advertising

Written by Jake Romero  What did you do over your summer vacation?  Yes, the sad truth is that summer is almost over.  You can tell because there wasn’t a single superhero movie that opened at the box office last weekend (no, Smurfs2 does not count) and because the California Senate is preparing to reconvene from its summer… Continue Reading

Privacy Monday – July 22, 2013

Posted in Online Advertising, Privacy Monday

Privacy gaffes and tidbits to start your week.   Keeping up with Kardashians is NOT a defense under HIPAA [Originally posted in Mintz Levin's Health Law & Policy Matters Blog] Written by Dianne Bourque The LA Times recently reported the firing of six workers at Cedars-Sinai Medical Center in connection with the unauthorized access to patient… Continue Reading

FTC Finally Updates Its “.com Disclosures” – Welcome to the Small Screen

Posted in Mobile Privacy, Online Advertising

Written by Amy Malone After rounds of comments and public workshops, the FTC has finally released an update to its digital advertising disclosure guidelines (here).  The FTC first released guidance on digital advertising in 2000 (see those guidelines here) and last May the FTC requested comments on how the guidelines could be updated.  The FTC points… Continue Reading

FTC to Mobile App Developers: Get Privacy Right from the Start

Posted in Data Compliance & Security, Federal Trade Commission, Online Advertising, Privacy Regulation

Mobile app developers have some unique challenges when it comes to preparation and implementation of privacy policies.   But, regulators have made it quite clear that the general privacy laws and regulations apply whether the application is online or mobile.  To refresh your memory, see our Mintz Client Alert (here) regarding the California AG’s agreement with… Continue Reading

FTC v. Myspace Part II — The Takeaways

Posted in Data Compliance & Security, Federal Trade Commission, Online Advertising, Privacy Litigation, Privacy Regulation

The FTC has again provided us with a road map to compliance through the Myspace consent order.   Here are the takeaways that should concern every company with an online presence. Keeping the FTC Out of Your Space — The Takeaways Much can be learned from how the FTC has evaluated the adequacy of Myspace’s privacy policy… Continue Reading

FTC Issues Long-Awaited Privacy Report

Posted in Federal Trade Commission, Legislation, Online Advertising, Privacy Regulation

Written by Adam Veness Earlier today, the FTC held a press conference and issued a final report setting forth best practices for businesses to protect American consumers and to provide consumers with greater control over the collection and use of their data.  You can find the full report here:  Final Commission Report on Protecting Consumer… Continue Reading

President Obama: “American consumers can’t wait any longer….”

Posted in Data Compliance & Security, Federal Trade Commission, Legislation, Online Advertising, Privacy Regulation

At the White House today, President Obama unveiled his administration’s framework for new privacy regulations and the long-awaited white paper entitled “Consumer Data Privacy in a Networked World:  A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy.”   This follows up on the Department of Commerce “green paper” issued well over a year… Continue Reading

No Motion to Dismiss in Facebook “Sponsored Stories” Case

Posted in Class Action Litigation, Online Advertising

Written by Jake Romero California district judge Lucy Koh has rejected a motion to dismiss brought by Facebook, Inc. in response to a lawsuit brought by plaintiffs Angel Fraley, et al. alleging that Facebook’s “Sponsored Stories” violate California’s Right to Publicity Statute (CA Civil Code §3334). Sponsored Stories are paid advertisements containing the name and… Continue Reading

Recommended Reading: Privacy Policy Paper on Online Behavioral Advertising Issues

Posted in European Union, Legislation, Online Advertising, Privacy Regulation

Most of the legislative privacy buzz this session has centered around online behavioral advertising (OBA) — along with the Federal Trade Commission’s proposal for a universal “do-not-track.” The center of discussion for U.S. legislators and regulators has been clear and conspicuous disclosure to users about OBA and to allow opt-outs.    Regulators on the EU are… Continue Reading

Privacy Class Actions – It’s Still About the Damages

Posted in Class Action Litigation, Online Advertising, Privacy Litigation

 Written by Kevin McGinty In a mixed decision, a federal court judge in New York dismissed federal statutory claims arising from Web-based advertisers’ use of cookies that tracked users’ Web browsing activities, but denied a motion to dismiss claims under state law.  The plaintiff in Bose v. Interclick  alleged that Interclick and clients McDonalds, CBS, Mazda… Continue Reading

If you don’t want privacy regulation — FTC advises industry to “move quickly”

Posted in Data Compliance & Security, Legislation, Online Advertising

The Federal Trade Commission’s public comment period on its preliminary staff report, Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers, has closed.   The FTC received over 300 comments during the extended comment period, including several states. It is looking more likely that some form of privacy regulation… Continue Reading

FTC Extends Comment Period – UPDATED

Posted in Data Compliance & Security, Online Advertising

The Federal Trade Commission has extended the public comment period on its December 1, 2010 report — FTC Privacy Report.  The FTC press release says that, in light of the complex issues raised by the report, a number of organizations have requested an extension of the original January 31, 2011 deadline.  Stakeholders now have until February 18,… Continue Reading

EchoMetrix Settles FTC Complaint Over Disclosure of Children’s Information to Marketers

Posted in Online Advertising

The Federal Trade Commission (FTC) has reached a settlement with EchoMetrix over charges that it failed to inform parents that information it was collecting about their children would be disclosed to third-party marketers.  The company’s website says that EchoMetrix is a publicly traded systems development company that “understands and interprets content on the digital web.”… Continue Reading

MIT Enterprise Forum Event tonight – “You’re Being Followed”

Posted in Online Advertising

As part of Global Entrepreneurship Week USA, the Digital Media SIG is holding a panel discussion tonight that will be thought-provoking (or at least the panel — including your author — hopes so) and takes on the issue of online privacy as it relates to the advertising world.  Tracking, following, assembling, analyzing, dicing and slicing… Continue Reading

Online Behavioral Advertising: The European Union Controversy

Posted in Online Advertising

On June 24, 2010, the European Union’s body that addresses data protection issues, the so-called Article 29 Working Party, adopted Opinion 2/2010 (the “Opinion”) providing further clarification on the amended e-Privacy Directive (below) as applied to online behavioral advertising. The Working Party also issued a press release on this topic.

Happy Data Privacy Day! Post #3 – Cable/Online Behavioral Advertising Issues

Posted in Online Advertising

Earlier this week, Mintz Levin’s Chris Harvie, a Member in the Communications section, spoke at the PLI Broadband and Cable Industry Law Seminar in New York City. Chris provided an overview of the cable privacy provisions found in Title VI of the Communications Act and discussed the restrictions and obligations that apply to the collection… Continue Reading