Posts tagged privacy enforcement

Big Data, Brill, DNT, Do Not Track, FCRA, FTC, Nihar Shah, OBA, privacy, privacy enforcement, Segalis, targeting, tracking

FTC Looks to Link Do-Not-Track, Big Data Privacy Concerns; Seeks Solutions

By InfoLawGroup LLP on March 15, 2012

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.

Buzz, consent, EPIC, FTC, FTC Act, Google, InfoLawGroup, information law group, privacy, privacy enforcement, Privacy Policy, Section 5, Segalis

EPIC Alleges Epic FTC Fail In Google Saga; We Review the Complaint

By InfoLawGroup LLP on February 13, 2012

On February 8, 2012, the Electronic Privacy Information Center (EPIC) asked the Federal District Court for the District of Columbia to compel the Federal Trade Commission (FTC) to enforce the terms of the agency's Google Buzz privacy settlement with Google. EPIC seeks to compel the FTC to stop Google's planned consolidation of user data from across the company's services into a single profile for each user under a single privacy policy. EPIC has alleged that the proposed changes and the way Google seeks to implement the changes violate the Google Buzz consent order. The District Court will hear the case before March 1, 2012.In this post, we discuss the highlights of EPIC's complaint, Google's response and lessons learned.

Boris, Breach, data breach, data protection, enforcement, InfoLawGroup, information law group, information security breach, Megafon, privacy, privacy enforcement, Russia, Segalis, Yandex

Russia Data Protection Enforcement Update - Administrative Charges Follow Breach

By InfoLawGroup LLP on September 01, 2011

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.

Boris Segalis, concerted activity, employee privacy, InfoLawGroup, information law group, NLRA, NLRB, privacy, privacy enforcement, Section 7, social media, social network

NLRB Report Reviews Social Media Enforcement Actions

By InfoLawGroup LLP on August 31, 2011

On August 18, 2011, the Associate General Counsel of the National Labor Relations Board ("NLRB" or the "Board") issued a report analyzing the Board's recent social media enforcement actions. The report seeks to provide guidance to employers that want to ensure that their social media policies appropriately balance employee rights and company interests.

consent, data protection, InfoLawGroup, information law group, information security, Legislation, privacy enforcement, Russia, Segalis

Russia Amends Federal Data Protection Law; Privacy Enforcement on the Rise

By InfoLawGroup LLP on July 19, 2011

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.

data brokers, data protection, David Vladeck, Fair Credit Reporting Act, FCRA, Federal Trade Commission, FTC, FTC consent, InfoLawGroup, information law group, personal information, privacy enforcement, Segalis, Teletrack

FCRA Violations Result in $1.8 Million FTC Penalty

By InfoLawGroup LLP on June 26, 2011

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.

Apple, Boris Segalis, data protection, Directive, DPA, EU Data Protection Directive, Google, InfoLawGroup, information law group, mobile privacy, privacy, privacy enforcement, WP29

Mobile Location Privacy Opinion Adopted by Europe's WP29

By InfoLawGroup LLP on May 19, 2011

On May 16, 2011, EU's Article 29 Working Party (WP29) adopted an opinion setting out privacy compliance guidance for mobile geolocation services.WP29 is comprised of representatives from the EU member states' data protection authorities (DPAs), the European Data Protection Supervisor and the European Commission. WP29's mandate includes (i) giving expert advice to the EU member states regarding the implementation of European data protection directives, and (ii) promoting uniform implementation of the directives in all EU state members as well as in Norway, Liechtenstein and Iceland. WP29's opinions, therefore, carry significant weight in the interpretation and enforcement of data protection laws by European DPAs. Not surprisingly, WP29 has concluded that geolocation data is "personal data" subject to the protections of the European data protection framework, including the EU Data Protection Directive 95/46/EC. The Working Party also determined that the collection, use and other processing of geolocation data through mobile devices generally requires explicit, informed consent of the individual. Below are the highlights of the opinion.

children's privacy, COPPA, data protection, FTC, InfoLawGroup, information law group, InformationLawGroup, Playdom, privacy, privacy enforcement, Section 5, unfair practices

FTC Enforcement Update: "Virtual Worlds" Operators Settle Children's Privacy Violation Charges; Pay $3M Fine

By InfoLawGroup LLP on May 12, 2011

On May 12, 2011, the Federal Trade Commission announced that the operators of 20 online virtual worlds have agreed to pay $3 million to settle charges that they violated the Children's Online Privacy Protection (COPPA) Rule by collecting and disclosing personal information from hundreds of thousands of children under age 13 without their parents' prior consent. The FTC noted that this settlement is the largest civil penalty for a violation of the FTC's COPPA Rule.

Ceridian, deceptive practices, enforcement, Federal Trade Commission, FTC, FTC Act, FTC consent, InfoLawGroup, information law group, information security, information security program, InformationLawGroup, Lookout, personal data, personal information, privacy enforcement, Section 5, Segalis

FTC Privacy Enforcement Update: Two Companies Allegedly Failed to Protect Sensitive Employee Data

By InfoLawGroup LLP on May 06, 2011

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.

Boris Segalis, broker, data protection, dealer, financial privacy, InfoLawGroup, information law group, information security, Nicole Friess, privacy, privacy assessment, privacy enforcement, privacy rule, Regulation S-P, Regulation SP, Safeguards Rule, SEC, Securities and Exchange Commission

Federal Privacy Enforcement Update: SEC Fines Executives for Privacy and Security Violations

By InfoLawGroup LLP on April 13, 2011

As we have reported previously on our blog, federal agencies, including the FTC, NLRB and EEOC have been very active in taking action against privacy and information security violations. This trend continues with the Securities and Exchange Commission's (SEC's) recent announcement of a settlement with three former executives a brokerage firm (GunnAllen Financial, Inc.). The SEC alleged that the former executives violated the Commission's Privacy Rule and Safeguards Rule (Regulation S-P) and aided and abetted the firm in violating these rules. This enforcement action marks the first time the SEC assessed financial penalties against individuals charged solely with violating Regulation S-P.