Posts in Enforcement

Boris, data, enforcement, Facebook, InfoLawGroup, information law group, National Labor Relations Act, National Labor Relations Board, NLRA, NLRB, privacy, protection, Segalis, social media, workplace privacy

NLRB Holds "Facebook" Firing Justified on Alternative Grounds, but Finds Policy Unlawful

By InfoLawGroup LLP on November 03, 2011

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

Ava Financial, browserwrap, clickwrap, ecommerce, forum selection, InfoLawGroup, Israel, Malka

Israeli Court Rejects a Forum Selection Clause in Clickwrap Agreement

By InfoLawGroup LLP on September 23, 2011

Omer Tene, Managing Director, Tene & Associates is reporting on the court's decision:In a highly important decision, the Tel Aviv District Court annulled a forum selection clause in a clickwrap contract, holding the user was not sufficiently aware of the choice of foreign forum or of the fact he was contracting with a foreign company; and had not clearly consented to such choice.

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.

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.

Boris Segalis, employee privacy, enforcement, Facebook, InfoLawGroup, information law group, NLRA, NLRB, privacy, social media, Workplace Privac

Another Facebook Firing Enforcement Action Brought by NLRB

By InfoLawGroup LLP on May 24, 2011

We previously reported on our blog that a Connecticut ambulance company settled the National Labor Relations Board's (NLRB's) allegations that the company violated an employee's federal rights by firing her for criticizing a manager on Facebook. The NLRB continues its enforcement blitz with another Facebook firing complaint.

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.

Boris Segalis, Buzz, Consent Order, Consumer Protection, data protection, data security, Federal Trade Commission, FTC, FTC Act, Google, Google settlement, InfoLawGroup, information law group, information security, personal information, privacy, privacy assessment, privacy by design, privacy enforcement, risk assessment, Safe Harbor, social media, social network

FTC Takes a Big Step in Privacy Enforcement with Google Buzz Settlement

By InfoLawGroup LLP on April 06, 2011

The Google Buzz settlement that the Federal Trade Commission announced on March 30, 2011 is the latest in the line of the Commission's numerous Section 5 actions related to privacy and data security violations. The Google Buzz settlement, however, is unique in several important ways. The settlement represents (i) the first FTC settlement order has requires a company to implement a comprehensive privacy program to protect the privacy of consumers' information, and (ii) the Commission's first substantive U.S.-EU Safe Harbor framework enforcement action. Let's dive in (make sure to read the "Action Item" at the conclusion of the post!).

2011, Act, advertising, Behavioral, behavioral advertising, bill, Commercial, Commercial Privacy Bill of Rights Act of 2011, data, Data Privacy Law or Regulation, FTC, group, identifiable, InfoLawGroup, information, information law group, InformationLawGroup, Kerry, Law, Legislation, McCain, of, or, personally, personally identifiable information, pii, privacy, privacy bill of rights, privacy enforcement, privacy legislation, Regulation, rights, Senate

Kerry Releases Draft of "Privacy Bill of Rights"

By InfoLawGroup LLP on March 25, 2011

behavioral advertising, behavioral marketing, chitika, deceptive practices, Federal Trade Commission, FIPPs, FTC Act, FTC consent, InfoLawGroup, information law group, information security, InformationLawGroup, opt-out, privacy enforcement, Section 5, Segalis, tracking, twitter

Privacy Enforcement Update: FTC Settles with Twitter and Chitika

By InfoLawGroup LLP on March 18, 2011

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.

Boris Segalis, FCRA, Federal Trade Commission, fines and penalties, FINRA, FTC, FTC consent, FTC Federal Trade Commission HIPAA HITECH FCRA GLB InfoLawGroup Information L..., GLB, HHS, HIPAA, InfoLawGroup, information law group, privacy enforcement, privacy rule, Section 5

February Brings a Privacy Enforcement Storm: HHS, FTC and FINRA Act

By InfoLawGroup LLP on February 22, 2011

This month, federal agencies and FINRA have announced significant privacy enforcement actions that have resulted in millions of dollars in fines. The U.S. Department of Health and Human Services (HHS) imposed a $4.3M fine on a health plan for violations of the HIPAA Privacy Rule; the Federal Trade Commission (FTC) settled with several resellers of consumer reports allegations that the resellers failed to adequately safeguard consumer information; and FINRA imposed a $600K fine on two securities firms for failure to safeguard access to customer records. Here are the details:

Boris Segalis, Dan Or-Hof, email monitoring, employee privacy, ILITA, InfoLawGroup, information law group, Israel, privacy enforcement, privacy litigation, Privacy Protection Act, workplace privacy

Israel's National Labor Court Imposes Strict Limits on Employee Monitoring

By InfoLawGroup LLP on February 10, 2011

Dan Or-Hof, a privacy and technology partner at the Israeli law firm Pearl Cohen Zedek Latzer is reporting that a decision by Israel's National Labor Court imposes severe restrictions on the employers' ability to monitor employee emails. Organizations with employees in Israel must promptly take steps to verify that their employee monitoring policies and practices in the country are consistent with the ruling.

Boris Segalis, employee privacy, enforcement, Facebook, InfoLawGroup, information law group, NLRB, privacy enforcement, settlement, social media, workplace privacy

InfoLawGroup's Boris Segalis Interviewed by Fox Live on NLRB Facebook Firing Settlement

By InfoLawGroup LLP on February 09, 2011

Yesterday we wrote on our blog about the NLRB's Facebook firing settlement. I was interviewed on Fox Live this morning about the case, its implications for employees and businesses, and other developments in workplace privacy. You can view the clip at http://video.foxnews.com/v/4531424/facebook-firing-case-settlement/?playlist_id=87937

Boris Segalis, employee privacy, Facebook, InfoLawGroup, information law group, NLRB, privacy enforcement, social media, workplace privacy

Employer Settles Facebook Firing Suit with NLRB

By InfoLawGroup LLP on February 08, 2011

The National Labor Relations Board (NLRB) has announced that settlement has been reached in the closely watched Facebook firing suit brought by the agency.We have previously reported on our blog that the NLRB filed an administrative complaint against a Connecticut ambulance company alleging that the company violated an employee's federal rights by firing her for criticizing a manager on Facebook. In the complaint, the NLRB took the position that union and non-union employees have a right to criticize their employers, management or working conditions, and cannot be punished for engaging in such protected activity. The NLRB also alleged that the company maintained overly-broad rules in its employee handbook regarding blogging, Internet posting, and communications between employees. The complaint asserted that an employee's right to criticize the employer and management is an extension of the federal right to discuss unionization and form unions.

Boris Segalis, consent, data protection, EU Data Protection Directive, InfoLawGroup, information law group, privacy enforcement, Russia

Russia Postpones Enforcement of Data Protection Law; Considers Revisions

By InfoLawGroup LLP on January 13, 2011

On December 23, 2010, Russia's President Dmitry Medvedev signed legislation delaying until July 1, 2011 the enforcement of the country's omnibus data protection law (the Federal Law Regarding Personal Data). Pursuant to the new legislation, the revised effective date for the country's data protection law is January 1, 2011, but operators have until July 1, 2011 to bring their personal data information systems into compliance with the law.