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Category Archives: Privacy Regulation

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Navigant: Reports of Data Breaches On the Increase Across Industries

Posted in Data Breach, Data Breach Notification, Data Compliance & Security, HIPAA/HITECH, Privacy Regulation, Security

Navigant recently published the latest update of its comprehensive Information Security and Data Breach Report, which adds yet another analytic view of the data breach picture.   And the view is not a pretty one.   You can get a copy of the report here. Some of the “highlights”: Healthcare entities again accounted for the largest percentage… Continue Reading

Federal Trade Commission to host mobile payment workshop

Posted in Federal Trade Commission, Privacy Regulation

Back in January, the FTC announced that it would hold a workshop to examin the use of mobile payments in the marketplace and the effects on consumers.   As promised, the workshop has been scheduled for April 26th, with a link to the agenda . According to the FTC, the workshop will gather consumer advocates, industry members, government representatives,… Continue Reading

Massachusetts Attorney General Data Breach Investigation Results in $15,000 Settlement with Property Management Firm

Posted in 201 CMR 17.00, Data Breach, Data Breach Notification, Data Compliance & Security, Privacy Regulation

Written by Cynthia J. Larose and Adam Veness   Last October, a Maloney Properties, Inc. (“MPI”) company laptop was stolen containing unencrypted personal information, including social security numbers, for over 600 Massachusetts residents.  Shortly after the incident, MPI sent letters to customers alerting them of the incident and related data breach.  As a result of that… 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

Overheard in the interview room: What is your Facebook password?

Posted in Employee Privacy, Privacy Regulation

If you’ve missed this development of late, the word on the street is that prospective employers are not just using Google to search for whatever may be available on the Internet — they are asking applicants to provide their Facebook passwords to allow the prospective employer to peruse their Facebook page. Our colleagues over at… Continue Reading

Privacy-on-the-Go: Make sure that “killer app” has a privacy policy

Posted in Data Compliance & Security, Privacy Regulation

Although one would never realize it when downloading many popular mobile apps on any of the major platforms (Apple’s iTunes, Google, Amazon, RIM, HP, etc.) — the requirements of California’s Online Privacy Protection Act to have a “clear and conspicuous” privacy policy apply to mobile apps as well as online website.   California’s Attorney General has… Continue Reading

Consumer Privacy Bill of Rights – Summary and Invitation to Comment

Posted in Data Compliance & Security, Legislation, Privacy Regulation

The Department of Commerce has already taken the first steps to implementing the White House’s Consumer Privacy Bill of Rights announced last month.  Commerce has invited comment on “what issues should be addressed through the privacy multi-stakeholder process and how to structure these discussions so they are open, transparent, and most productive.” According to the Federal… 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

FCC Adopts Rules Requiring Written Consent for Telemarketing “Robocalls”

Posted in Privacy Regulation, Uncategorized

Written by Ernie Cooper  The Federal Communications Commission (“FCC”) has adopted new rules that require companies to obtain prior express written consent from consumers before calling them with prerecorded telemarketing “robocalls.”  For the most part, the new robocall rules adopted by the FCC simply mirror similar rules adopted by the Federal Trade Commission (“FTC”) in… Continue Reading

Massachusetts Data Security Regulations: Deadline Looms for Amending Service Provider Contracts

Posted in 201 CMR 17.00, Data Compliance & Security, Privacy Regulation

Just a reminder that March 1 is an important deadline with respect to the Massachusetts data privacy and security regulations (the “Regulations”).  As a refresher, the Regulations require all entities that “own or license” personal information of Massachusetts residents — wherever the entity is located — to comply with provisions requiring specific administrative, physical and technical… Continue Reading

Comprehensive Data Protection Reform Proposal Released by European Commission

Posted in Data Breach Notification, European Union, Legislation, Privacy Regulation, Uncategorized

International Data Protection and Privacy Day is Monday, January 28th.   The European Commission certainly found a way to mark the day.  After weeks of intense speculation, the European Commission has released its sweeping package of legislation to reform the Data Protection Directive.    We are analyzing the entire legislative package, which includes a new regulation and  a directive… Continue Reading

Guest Commentary – Israel Publishes Detailed Guidelines for Privacy Protection in Outsourcing Services

Posted in Privacy Regulation

Our friends at Herzog, Fox & Neeman in Tel Aviv have contributed a detailed explanation of the new — and controversial — privacy code published by the Israeli Information, Law and Technology Authority. Written by Maya Racine-Netser and Dan Sharot Herzog, Fox & Neeman The Israeli Law, Information and Technology Authority (ILITA), the authority in… Continue Reading

New Year’s Resolutions – Privacy & Security

Posted in 201 CMR 17.00, Data Breach, Data Compliance & Security, HIPAA/HITECH, Identity Theft, Privacy Regulation, Secure Traveling, Security

Since it’s traditionally the time for new beginnings and resolutions to clear away old habits, we’d like to pass on some tips for improving privacy and security in your operations — and in your own life —  in 2012. 1.   Be sure to secure.      Many data breaches occur by leaving sensitive information lying around the… Continue Reading

Longer may not always be better: Congressmen question Facebook’s prolix privacy policy

Posted in Privacy Regulation

Following on the heels of Facebook’s landmark settlement with the Federal Trade Commission, a bipartisan group of members of the House of Representatives has apparently read the “new and improved” Facebook privacy policy and were not impressed.    Reps. Cliff Stearns (R-FL), Ed Markey (D-MA), Joe Barton (R-TX), and Diana DeGette (D-CO), sent a letter to Facebook CEO Mark… Continue Reading

Breaking News — Wall Street Journal: Facebook Close to Settlement with the Federal Trade Commission

Posted in Privacy Regulation, Uncategorized

Update:  Post from Daily Online Examiner blog. If you’re a power Facebook user, you are likely tired of the constant changes to privacy settings.  At last count, the most recent change was the 13th.    This report may make your day.  The Wall Street Journal reports this afternoon  (registration required) that Facebook is finalizing a proposed settlement… 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

Cybersecurity and privacy expert joins ML Strategies

Posted in Data Compliance & Security, Legislation, Privacy Regulation

We have a new expert in the house for cybersecurity, privacy and technology issues.  Our government relations affiliate, ML Strategies has announced a new Manager of Government Relations,  Rachel Sanford.  Before coming aboard ML Strategies, Rachel served as a Senior Consultant on privacy and cybersecurity issues at IBM.  While at IBM, Ms. Sanford was a… Continue Reading

House Committee to Hold Hearing on FTC’s COPPA Revisions

Posted in Children, Data Compliance & Security, Privacy Regulation

The Federal Trade Commission has released its long anticipated proposed revisions to its rule implementing the Children’s Online Privacy Protection Act (“COPPA”).  COPPA governs (1) operators of websites and online services that are directed to children under the age of 13 and (2) operators of general audience websites or online services that have actual knowledge that… Continue Reading