Archives: Privacy Law

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Willful or Knowing Violation of the TCPA: Treble Damages and What Businesses Should Know

A U.S. District Court signaled that deterrence was a significant factor in awarding treble damages in a Telephone Consumer Protection Act (“TCPA“) lawsuit. The United States District Court for the Middle District of North Carolina Judge Catherine C. Eagles (the “Court“) denied to reduce or set aside a $61 million judgment against Dish Network LLC … Continue Reading

InfoLawGroup Partner Justine Young Gottshall to speak at the IAPP Privacy Security Risk Conference

 Join InfoLawGroup Partner Justine Young Gottshall at the IAPP Privacy Security Risk Conference 2017 in San Diego, CA.   Justine will be speaking on Tuesday, October 17, 2017 during the session titled Let’s Build It: Practical Advice For Building Your Privacy Program, which will provide insight into creating, maintaining and updating an internal privacy compliance program. … Continue Reading

5 Best Practices for IoT Privacy Compliance

InfoLawGroup partner Justine Young Gottshall on IoT Privacy Compliance Best Practices in the September issue of Risk Management Magazine: 5 Best Practices for IoT Privacy Compliance. According to a January 2017 forecast from Gartner, 8.4 billion internet of things items will be in use worldwide this year—a 31% increase from 2016—to the tune of almost $2 … Continue Reading

A Reasonable Security Blanket

Fear the data breach.  Companies large and small worry that a security lapse compromising personal information may hurt their customers or employees and expose the organization to costly liability and a damaged reputation.  But recent developments suggest that comfort may still be found in keeping privacy promises and keeping up with “reasonable security” best practices. … Continue Reading

FTC Lawsuit Against D-Link Highlights the Importance of Routine Review of Public Statements and Security Protocols

The Federal Trade Commission (“FTC“) announced today that it has filed a lawsuit against D-Link alleging that it made deceptive claims about its products’ security and engaged in unfair practices that placed consumers’ privacy at risk.  The Complaint For Permanent Injunction and Other Equitable Relief was filed in the United States District Court Northern District … Continue Reading

New FTC Data Breach Response: A Guide for Business

This week, the Federal Trade Commission (“FTC”) announced on its Business Blog the release of Data Breach Response: A Guide for Business (“Guide”).  The Guide’s release seems to be part of the FTC’s push to position itself as the main federal regulator of data security practices and is available for free on the FTC’s website.  … Continue Reading

The New “EU-US Privacy Shield”

Since the European Court of Justice invalidated the fifteen-year-old EU-US “Safe Harbor Privacy Framework” last October, thousands of US companies have been awaiting the results of negotiations between the US government and the European Commission to produce “Safe Harbor 2.0,” a set of protocols to permit the continued flow of personal data between Europe and … Continue Reading

Businesses Take Heed: FTC’s Recent Report, Conference Signal Big Data’s the Big Deal in 2016

FTC Kicks Off New Year with New Report on Growing Use of Big Data Analytics Across All Industries Without so much as a week of 2016 having lapsed, the Federal Trade Commission (“FTC” or “Commission”) released a new report with recommendations to businesses on the growing use of big data. The report, “Big Data: A … Continue Reading

Privacy and Ed-tech in 2016

There was a lot of legislative movement for the educational technology (ed-tech) industry in 2015 with states placing additional privacy regulations on the industry, and the effects of those new acts should be felt this year. The states that passed this type of legislation in 2015 were following California’s lead. California’s governor signed the Student … Continue Reading

New State Privacy Regulation for Connected Televisions

California will become the first state in the nation to regulate information gathered by connected television manufactures through the televisions they sell. Assembly Bill No. 1116 (“AB 1116”) was signed into law by California Governor Jerry Brown on October 6, 2015 and will take effect January 1, 2016. There are three major provisions to AB … Continue Reading

Know your Privacy Policy and Practices: An Important Reminder Illustrated by Recent FTC Actions

The Federal Trade Commission’s (“FTC”) announcement last week of settlements with 13 separate companies for charges of falsely advertising certification with the U.S.-EU and/or U.S.-Swiss Safe Harbor Frameworks (“Safe Harbors”) – some of which never existed but several of which had simply lapsed – serves as a reminder that businesses should periodically and often review … Continue Reading

The FCC TCPA Order: What Does My Business Need To Know?

This Post Was Co-Authored by Partner, Justine Gottshall and Counsel, Brian Schaller The Federal Communications Commission (“FCC”) released its TCPA Omnibus Declaratory Ruling and Order (“Order”) regarding the Telephone Consumer Protection Act (“TCPA”) on July 10, 2015, which Chairman Tom Wheeler announced via a blog post and FAQ’s in late May. InfoLawGroup previously discussed the potential … Continue Reading

Possible Issues with FCC’s Clarifications to the TCPA

The Federal Communications Commission (“FCC”) adopted a package of declaratory rulings regarding the Telephone Consumer Protection Act of 1991 (“TCPA”), which the dissenting Commissioners warn could cause issues for businesses that communicate with their customers via phone or text messages.  InfoLawGroup discussed this vote and issue in a previous post.  Last week the rulings passed … Continue Reading

Live-Streaming Apps; What We Aren’t Talking About

There are many articles circulating the web about new live-streaming video technologies like Meerkat. These tremendous apps make it possible for users to stream real time video from their phone to the internet for all to view, turning every individual into a real-time video-journalist.   Brands and entertainment properties have also jumped into the fray … Continue Reading

RadioShack Bankruptcy Case Highlights Value of Consumer Data

On Thursday, a bankruptcy judge granted final approval of the sale of RadioShack Corporation (“RadioShack”) assets to General Wireless Operations Inc. (“General Wireless”), which included customers’ personal information. In the order, the Delaware bankruptcy judge stated “ . . . no showing was made that the sale of personally identifiable information (the “PII”)(as defined in … Continue Reading

Justine Gottshall To Speak at BAA/PMA Annual Marketing Law Conference

Attending the BAA Conference? Please join our partner, Justine Gottshall, as she leads a panel on Privacy by Design – A Cast of Characters: The Lawyer, the Marketer & the Organization. She will be joined by Susan Cooper from Facebook, Susan Goodhue from LinkedIn, and Michael McCullough from Macy’s. The session is on November 6, … Continue Reading

ALERT: Google’s Plan to Open Its Services to Children Could Spur Changes to COPPA Enforcement

Recent reports indicate that Google is developing a program that would allow children under the age of 13 to obtain accounts on Google services such as Gmail and YouTube.  The Wall Street Journal  recently reported that “Google is trying to establish a new system that lets parents set up accounts for their kids, control how … Continue Reading

Mobile Apps: FTC Says Vague Privacy Policies and Lack of Terms a Problem

Last week, the FTC released a study it conducted in connection with price-comparison apps, deal apps and apps that allow people to pay for purchases using their mobile device while shopping in brick-and-mortar stores.  The newly released study is the latest commentary from the FTC in a long line of workshops and reports that started in 2012 … Continue Reading

Record Number of Data Breaches for New Yorkers in 2013

Over the past eight years, the New York Attorney General’s office has been compiling statistics on data breaches pursuant to the state’s breach notification law.  Earlier this week, Attorney General Eric Schneiderman published a report titled, “Information Exposed: Historical Examination of Data Breaches in New York State,” which provides analysis and insight into how those … Continue Reading

Are Data Breach Investigations Privileged?

Over the past year, the number of data breaches has skyrocketed and, as a result, companies are facing increased risk of litigation for any perceived failure to protect their customer data.  In the context of data breach litigation, organizations routinely withheld from production documents related to internal compliance investigations on the grounds of the attorney-client … Continue Reading

Say What You Do and Do What You Say: Guidance for Privacy Policies, and for Life

Last Wednesday, California Attorney General Kamala Harris issued much anticipated guidance on public-facing privacy statements – “Making Your Privacy Practices Public” (the “Guidance”). The result of months of discussions with stakeholders, the recommendations are largely common sense.  They are “intended to encourage companies to craft privacy policy statements that address significant data collection and use … Continue Reading

New Regulatory Guidance on COPPA Puts the Spotlight on Student Privacy

Student privacy has become a hot topic as regulators and legislatures alike, take a close look at how companies handle student data.  At the forefront of this issue is the Children’s Online Privacy Protection Act (COPPA), a federal statute enforced by the Federal Trade Commission (“FTC”) and designed to protect and regulate the collection of … Continue Reading

InfoLawGroup Senior Counsel Mark Paulding Discusses Privacy and Security on This Week in Law

InfoLawGroup Senior Counsel Mark Paulding appeared on Episode 257 of  This Week in Law, joining security expert Bruce Schneier and Harvard scholar Kyle Courtney to discuss a wide range of issues dealing with law, policy and technology. The full episode is embedded below. The episode covered topics ranging from NSA surveillance and companies’ efforts to … Continue Reading

Spoiler Alert: Illinois May No Longer Require Two-Party Consent, but California Still Does

The following blog post was first published on April 22, 2014, in the IAPP Privacy Tracker. Do you watch The Good Wife? The show follows Alicia Florrick, a lawyer in Chicago and the wife of Gov. Peter Florrick. In an episode that aired on March 16, the characters were attending an American Bar Association (ABA) meeting in … Continue Reading
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