InfoLawGroup is very pleased to congratulate our partners Justine Gottshall and Jamie Rubin on their inclusion in the Chambers USA's top ranking of Media & Entertainment: Transactional practices in Illinois. As noted in Chambers, Ms. Gottshall and Mr. Rubin represent major studios and retail companies involved in advertising, as well as publishers and other media companies. We are also thrilled to announce that our partner Boris Segalis has been selected to serve as one of the co-chairs of IAPP KnowledgeNet for New York City.
Nowadays, a news story on privacy is out of place if it doesn't mention Do-Not-Track (known as "DNT") or Big Data. While these hot topics represent key concerns for privacy professionals, advocates and regulators, there is no clear agreement on what they mean or how to address the privacy issues they raise. In this post, we consider recent developments on these topics, including how the Federal Trade Commission has sought to focus on and connect these new issues.DNT or DNC DNT is in the midst of a multi-faceted identity crisis, starting with a disagreement over the definition of DNT. Self-regulatory organizations and the advertising industry assert that DNT stands for "Do Not Target," referring to the use of consumer data for the purposes of targeted advertising. The FTC, buoyed by privacy advocates, appears to take the view that DNT means not only "Do Not Target" but also "Do Not Collect" (DNC). FTC Commissioner Brill elaborated at the 2012 IAPP Summit that she doesn't view the current DNT efforts as entirely sufficient because the choice DNT offers does not give consumers appropriate protection against what Brill characterized as "limitless, unmitigated" data collection. But Brill does not argue for wholesale implementation of DNC, and has indicated that the details of the implementation of DNT/DNC will continue to remain a key focus for the FTC.
As we have discussed on our blog, the National Labor Relations Board (NLRB) has continued a campaign of enforcement actions against employers who, according to the NLRB, have unlawfully terminated employees for discussing working conditions on social media. As we reported, in the first of such "Facebook" enforcement actions to come before an NLRB administrative judge, the employer was ordered to reinstate five employees and to pay back their wages.On September 28, 2011, in the second "Facebook" case to reach an NLRB administrative judge, an employer was found to have been justified in terminating an employee car salesman for Facebook postings that mocked the employer and did not concern working conditions
Earlier this week we blogged about Senator Blumenthal's (D-CT) proposed Personal Data Protection and Breach Accountability Act of 2011. Today, InfoLawGroup partner Boris Segalis spoke on Fox Live about the advantages of federal information security legislation.
It is being reported that Moscow prosecutors conducted an investigation into whether several websites that were involved in data breaches earlier this year violated the country's data protection law. As a result of the breaches, names, contact information and order histories of Internet magazine subscribers (including adult-themed publications) became available on Internet search engines, including Russian-language Yandex. Without naming the websites, the report states that the prosecutors have filed administrative charges against two Internet magazines as a result of the investigation.
On July 20, 2011, the U.S. House of Representatives Energy and Commerce Committee's Trade Subcommittee approved the Secure and Fortify Electronic Data Act (the "SAFE Data Act"). The Act would require any business that maintains personal information to implement an information security program and notify affected individuals in the event of an information security breach. The SAFE Data Act would preempt the over 45 existing state information security and breach notification laws and task the Federal Trade Commission with developing information security rules implementing the Act.
Last week, the upper house of Russia's federal legislature approved amendments to the country's federal data protection law. The amendments impose detailed information security requirements on businesses that process personal data and revise some of the statute's data subject consent provisions.The amended law will come into force when it is published in the official newsletter.
The Federal Trade Commission announced today that Teletrack, Inc. has agreed to pay $1.8 million to settle charges that the company sold credit reports for marketing purposes, in violation of the Fair Credit Reporting Act (FCRA). According to the FTC's complaint, Teletrack sells credit reports and other services to businesses that mainly serve financially distressed consumers. Teletrack's business customers include pay day lenders, rental purchase stores and non-prime rate auto lenders. These businesses use Teletrack's credit reports to decide whether and on what terms to extend credit to their customers.
On May 10, 2011, the Senate Subcommittee on Privacy, Technology and the Law held a hearing on mobile privacy. We covered the hearing in detail on our blog. Yesterday, InfoLawGroup partner Boris Segalis spoke with Fox Live's Tracy Byrnes about the balance between business and consumer interests that mobile privacy implicates.The clip from the interview is available on Fox at http://video.foxnews.com/v/4689248/the-congressional-mobile-privacy-hearing/?playlist_id=86861
On May 3, 2011, the Federal Trade Commission announced that Ceridian Corporation and Lookout Services, Inc. agreed to settle the FTC's allegations that the companies failed to safeguard their business customers' employee personal information. Ceridian's services include payroll processing, payroll-related tax filing, benefits administration and other human resource services for business customers. Lookout provides a web-based computer product that is designed to help employers comply with their obligations under federal law to complete and maintain a U.S. Citizenship and Immigration Services Form I-9 about each employee in order to verify that the employee is eligible to work in the United States.
As we have previously reported on our blog, 2011 has seen a whirlwind of privacy enforcement activity. The FTC, NLRB, EEOC, HHS and FINRA have all taken privacy enforcement actions this year. This March, the FTC has announced privacy settlements with Chitika and Twitter.
Last week, Politico ran an interesting piece suggesting that federal privacy legislation may see the light of day in 2011. Democratic supporters of the legislation show no signs of slowing down. In the Senate, John Kerry (D-Mass.) is working on privacy legislation based on a bill he proposed last year. Senator Jay Rockefeller (D-W.Va.), Chairman of the Senate Commerce Committee, is planning to hold public hearings on Internet privacy starting in February. Of course the key to the success of federal privacy legislation lies in the House, and there Republicans have voiced support for a privacy bill as well. Rep. Cliff Stearns (R-Fla.), Chairman of the Subcommittee on Oversight and Investigations at the House Energy and Commerce Committee, has said that the privacy bill introduced last year by former representative Rick Boucher (D-Va.) could be revised and reintroduced with Republican support (Rep. Stearns co-sponsored the Boucher bill). This sentiment was echoed by Rep. Mary Bono Mack (R-Calif.), Chairwoman of the Subcommittee on Commerce, Manufacturing and Trade. According to Politico, Rep. Bono Mack informed her colleagues on the subcommittee that she remains committed to addressing privacy issues.