The Federal Trade Commission has issued yet another warning to companies operating online: make sure your privacy policy is not making promises that you cannot (or do not) keep. Read our analysis of the FTC v. Myspace complaint and consent order here.
Category Archives: Uncategorized
Subscribe to Uncategorized RSS FeedFacebook IPO and Disclosure of Cybersecurity and Privacy Risks
Posted in UncategorizedBloomberg Securities Law Report recently published an article authorized by Mintz Levin attorneys Adam Veness and Cynthia Larose analyzing the privacy and cybersecurity risks disclosed in the Facebook IPO, and offering some tips for practitioners. The Facebook IPO and Disclosure of Cybersecurity and Privacy Risks: Tips and Lessons for Practitioners
US Legislative Cybersecurity Update
Posted in Legislation, Privacy Regulation, Security, UncategorizedMonday, April 23, will begin Cyber Week, during which up to six different bills that focus on various aspects of cybersecurity may be considered on the House floor. The Rules Committee has not yet determined how the bills will be handled, but it is likely that the less controversial bills from the Committee on Science,… Continue Reading
Congratulations are in order —
Posted in UncategorizedAllow us to take a moment to congratulate one of our own. Mintz Levin colleague, Julia Siripurapu, has joined the ranks of certified privacy professionals! The CIPP credential is one of the best-recognized certifications in the “privacy world” and demonstrates Julia’s knowledge and proficiency with privacy-related matters. Congratulations on an honor well-deserved, Julia!… Continue Reading
Facebook speaks out on employers asking for — or requiring — passwords
Posted in UncategorizedFollowing up on our post yesterday on the disturbing practice of employers requesting — and sometimes requiring — both employees and prospective employees to hand over social networking passwords — Facebook has something to say about this. In a company blog post today, Facebook Chief Privacy Officer Erin Egan said, “This practice undermines the privacy… Continue Reading
Privacy and Security Bits and Bytes
Posted in UncategorizedThis has been a big week for privacy. Tuesday - An article in The New York Times by Charles Duhigg detailed just how much information companies collect and how they utilize predictive analytics to figure out what people want almost before they know they want it. (Registration may be required). How much of this is… Continue Reading
FCC Adopts Rules Requiring Written Consent for Telemarketing “Robocalls”
Posted in Privacy Regulation, UncategorizedWritten 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
Legislative Update – Cybersecurity
Posted in UncategorizedOur colleagues at ML Strategies have authored a Legislative Alert: As the 112th Congress gets underway, many continue to feel that partisan gridlock will block movement on significant legislation, leaving congressional activity to legislation that doesn’t require a heavy lift. However, in what many view as a surprising move, Congress appears ready to address one of… Continue Reading
Invasion of Personal Privacy Tort Comes to Canada
Posted in UncategorizedThanks to our guest columnist and our friends at Blakes – Written by Jacqueline D. Shinfield In a significant decision by the Ontario Court of Appeal, (Jones v. Tsige, 2012 ONCA 32), the Court of Appeal recognized for the first time in the province of Ontario, a distinct right of action for invasion of personal privacy… Continue Reading
Comprehensive Data Protection Reform Proposal Released by European Commission
Posted in Data Breach Notification, European Union, Legislation, Privacy Regulation, UncategorizedInternational 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
EU Comprehensive Data Protection Reform Announcement This Week (UPDATE)
Posted in UncategorizedUPDATED to add links to new information: New York Times reports today that the proposed new data protection framework could have serious implications for Internet companies trading in personal information (registration may be required to access story). The Financial Times reports that the new framework “worries business.” The announcement of the proposal for comprehensive reform… Continue Reading
Major FTC Enforcement Action – Record Fines
Posted in Uncategorized(laugh alert) Jeff Jarvis of the Huffington Post reports on a record fine levied by the Federal Trade Commission against one S. Claus for maintaining a database of children’s names, addresses, ages, solicited online and sorted by naughty or nice. According to Jarvis, Mr. Claus commented, “What’s the worst they can do? Cookie me?” Enjoy the post —… Continue Reading
Tips for Cyber Monday
Posted in UncategorizedSome very handy reminders from The Privacy Rights Clearinghouse – Cyber Monday Shopping Tips 2011. Also: If an email offer touting a “Cyber Monday” special looks too good to be true, it probably is. Do not provide any “retailer” with your Social Security number, or more information than someone would reasonably need to fulfill your transaction…. Continue Reading
Texas Federal Judge Finding Does Not Add Much to Privacy Debate Over Location Data
Posted in UncategorizedWritten by Paul Pelletier The ruling by Judge Lynn Hughes of the Southern District of Texas last week, declaring unconstitutional a provision of the Stored Communications Act (SCA) of 1986, won’t add much to the privacy debate. In a four paragraph one-page order, Judge Hughes affirmed the Magistrate Judge’s denial of an application by the… Continue Reading
Breaking News — Wall Street Journal: Facebook Close to Settlement with the Federal Trade Commission
Posted in Privacy Regulation, UncategorizedUpdate: 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
Senators Kerry & McCain to FTC and Commerce: Get Moving on Final Reports
Posted in UncategorizedSenators John Kerry and John McCain today requested that the Department of Commerce and the Federal Trade Commission issue their final reports on consumer privacy protections. Both agencies released draft reports identifying large holes in current privacy protections in December 2010, but have not yet issued final reports. Senators Kerry and McCain introduced legislation aimed… Continue Reading
Monday Morning Privacy 101
Posted in Data Breach, Data Breach Notification, HIPAA/HITECH, UncategorizedCan you identify the major problems lurking in this one short paragraph? We’ve given you some help. The UCLA Health System has notified more than 16,000 patients of the theft of their PHI during a home invasion of a former employee. The PHI was contained on an external computer hard drive and although the information… Continue Reading
Privacy and Security Bits and Bytes
Posted in UncategorizedAfter yet another week without power due to a history-making “Snowtober” storm, the Northeast is starting to recover, along with the editor of this blog. Here are some bits and bytes for a Friday afternoon: For those of you now able to log on and read this, here is a recent Mintz article centering on… Continue Reading
Privacy & Security Bits and Bytes
Posted in UncategorizedHere are some things to ponder during the Columbus Day weekend: My colleague, Dianne Bourque, has written an interesting piece about the new Texas health information law – combine this with the expanded breach notification laws that could impose Texas-style breach notification requirements on all 50 states, and we perhaps have a glimpse into Governor… Continue Reading
New Privacy Task Force Established by Connecticut AG’s Office
Posted in UncategorizedConnecticut Attorney General George Jepsen has announced the creation of a Privacy Task Force to help educate the public about data protection requirements and to focus his Office’s response to Internet privacy concerns and data breaches that affect consumers. According to Attorney General Jepsen’s press release, “Internet and data privacy have been among the biggest issues… Continue Reading
Changes in Airline Security
Posted in UncategorizedWhile this may not be directly related to the “information management” focus of our blog, it is of immense importance to those who travel with children under the age of 12 — the Transportation Security Authority (TSA) has changed the rules for kids who travel by air: keep your shoes on! Homeland Security Secretary Janet… Continue Reading
Some reading while waiting for Hurricane Irene (on the East Coast)…
Posted in UncategorizedMy new article on the Sony breach just published by Westlaw Journal’s Bank & Lender Liability- Once More Into the Breach: Are We Learning Anything?
FTC Targets Mobile Application Developer for Violations of COPPA
Posted in UncategorizedWritten by Stu Eaton In the FTC’s first enforcement action involving mobile applications, W3 Innovations, LLC agreed to pay $50,000 to settle charges that it violated the Children’s Online Privacy Protection Act (COPPA) and the FTC’s COPPA Rule by collecting and disclosing the personal information from thousands of children under the age of 13 without… Continue Reading
Federal Data Security Legislation Update: House Subcommittee Approves SAFE Data Act
Posted in UncategorizedWritten by Julie Babayan The House Energy and Commerce Subcommittee on Commerce, Manufacturing and Trade has approved a data security bill by a voice vote, moving it to the full Energy and Commerce Committee for consideration. The Secure and Fortify Electronic Data (“SAFE Data”) Act would establish national rules for securing data containing personal information,… Continue Reading
