The last Monday in July — the summer of 2014 is rapidly slipping away! Here are some privacy and security bits and bytes for this last week of July: US Congress Heads Out on August Recess Soon – Much to Do It has been reported today that the U.S. House will vote today on a… Continue Reading
Monthly Archives: July 2014
Honing in on the new rules for the transfer of personal data outside of the EEA
Posted in European Union, Privacy RegulationWritten by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) Although no major legislative milestones for the EU Data Protection Regulation have occurred since March 2014 (see status update here), there has been some progress over the late spring and early summer of 2014. One key item that will be of interest to US… Continue Reading
No news doesn’t mean it’s gone away: Timing Update for the EU Data Protection Regulation
Posted in EU Data Protection Regulation, European Union, Privacy Regulation, UncategorizedWritten by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) With no major legislative milestones since the March 2014 EU Parliamentary vote endorsing the LIBE draft of the new Data Protection Legislation, observers from outside the EU might understandably wonder whether the legislative process has derailed somehow. But it hasn’t – the train has… Continue Reading
Update on Google Unauthorized Children’s In-App Purchase Class Action: THE SHOW MUST GO ON!
Posted in Children, Class Action Litigation, Privacy LitigationWritten by Julia Siripurapu, CIPP U.S. District Court Judge Ronald M. Whyte has issued an order granting in part and denying in part Google’s Motion to Dismiss the class action filed against the Company on March 7 in the U.S. District Court for the Northern District of California as a result of unauthorized children’s in-app purchases… Continue Reading
COPPA Update: FTC Provides More Flexibility on Obtaining Verifiable Parental Consent
Posted in Children, Privacy RegulationWritten by Julia Siripurapu, CIPP/US Some clarification and a bit more flexibility was forthcoming late last week from the Federal Trade Commission to help ease compliance with the “new” COPPA. In its recent update to three FAQs in Section H (Verifiable Parental Consent) of the COPPA FAQs , the FTC provided important information on the topic of… Continue Reading
Privacy Monday: July 21, 2014
Posted in Data Breach, Data Breach Notification, Identity Theft, Privacy MondayWe are now officially in the throes of “midsummer” on this Privacy Monday. And, on occasion in the data privacy world, we agree with Will Shakespeare’s words….“Lord, what fools these mortals be!” Flash Drives …. Butler University has warned about 160,000 students, faculty, staff, and alumni that personal information was discovered on a flash drive… Continue Reading
Changes in Breach Notification Risk Assessments Under HIPAA
Posted in Data Breach Notification, Data Compliance & Security, HIPAA/HITECH, Privacy RegulationReposted from Mintz Levin’s Health Law & Policy Matters blog The American Bar Association Health Law Section’s July 2014 eSource publication includes an article by Dianne Bourque, Kimberly Gold, and Stephanie Willis that provides examples of how risk assessments under the Breach Notification Rule have changed since the HIPAA Omnibus Rule went into effect in September 2013. The examples analyzed… Continue Reading
Even in Privacy Cases, Risk of Injury Does not Always Equal Injury
Posted in Class Action Litigation, Data Breach, HIPAA/HITECHWritten by Kevin McGinty It’s an ancient conundrum; if a tree falls in the forest, and no one is there to hear it, does it make a sound? Privacy litigation may well offer the closest jurisprudential equivalent; if data is stolen, but no one does anything with it, has there been an injury? A recent… Continue Reading
Privacy Monday: July 14, 2014
Posted in Children, Federal Trade CommissionFTC 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
Backlash Over Facebook Timeline Experiment Serves as a Reminder: User Expectations Still Trump Fine Print
Posted in Federal Trade Commission, Privacy Litigation, Privacy RegulationWritten 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
Hulu Scores a Victory (at least temporarily) in Avoiding Class Certification
Posted in Class Action Litigation, Privacy LitigationWritten by Meredith Leary Another important decision has been rendered in the ongoing In re: Hulu Privacy Litigation saga pending in the United States District Court for the Northern District of California, this time denying – without prejudice – the proposed certification of a class of Hulu users pursuing claims involving Hulu’s allegedly wrongful disclosure of “cookies.” … Continue Reading
