Category

Online Privacy

09 January 2018

Internet of Toys Enforcement: VTech Agrees to COPPA Settlement

On January 8, the FTC announced a settlement with VTech (a maker of electronic children’s toys) for violations of COPPA, adding to the regulatory activity mounting in the last few years around the Internet of Toys.  The company agreed to pay $650,000 to settle allegations that its Kid Connect app and its Learning Lodge platform collected personal information from almost 3,000,000 children without providing direct notice and obtaining their parent or guardian’s consent.  (more…)

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02 January 2018

Privacy and Cybersecurity Top 10 for 2018

This past year was marked by ever more significant data breaches, growing cybersecurity regulatory requirements at the state and federal levels and continued challenges in harmonizing international privacy and cybersecurity regulations. We expect each of these trends to continue in 2018.

As we begin this New Year, here is list of the top 10 privacy and cybersecurity issues for 2018: (more…)

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21 December 2017

Northern District of California Enjoins LinkedIn from Preventing Scraping of Public User Profiles

In a decision that may have profound implications for social media companies, the big data industry and website terms of use everywhere, Judge Edward Chen of the Northern District of California granted hiQ Labs’ motion for preliminary injunction on August 14, 2017, enjoining LinkedIn from “preventing hiQ’s access, copying, or use of public profiles on LinkedIn’s website.” hiQ Labs, Inc. v. LinkedIn Corporation (N.D. Cal. No. 3:17-cv-03301-EMC). The case is on appeal and will be heard by the Ninth Circuit in 2018. (more…)

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21 November 2017

Jamaica’s New Privacy Protection Bill

On 10 October 2017, Jamaica introduced into its House of Parliament a comprehensive Bill for privacy and data protection, entitled “An Act to Protect the Privacy of Certain Data and for Connected Matters.”  The new law would cover personal data, including data in an “accessible record” such as a health record or an educational record.  If passed, the new law will be named the “Data Protection Act, 2017.”  (more…)

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13 November 2017

U.S. Consumer Financial Protection Bureau’s Principles for Data Aggregation Services Could Have Broad Implications

On Oct. 18, 2017, the Consumer Financial Protection Bureau (CFPB) released a set of consumer protection principles (Principles) designed to protect consumer interests in the market for services built around consumer-approved use of financial information. The Principles are targeted to so-called “data aggregation” or “screen scraping” services that collect customer information in order to provide financial planning or other services. Over the past few years, data aggregation services and banks have struggled to develop the right model for sharing customer account data. The Principles issued by the CFPB seek to provide a potential data-sharing model for banks and data aggregation services while protecting consumer interests.

(more…)

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31 October 2017

Article 29 Working Party Publishes Draft Guidelines on Notification of Personal Data Breaches Notification Under the GDPR

On October 3, 2017, the Article 29 Working Party (“WP29”) adopted draft guidelines regarding notification of personal data breaches under the EU’s General Data Protection Regulation (“GDPR”) which will require breach notification within 72 hours of awareness of a breach. (“Draft Guidelines”) (The Draft Guidelines appear to have been released for public comment during the week of 16th October). The deadline for comment is November 24, 2017. The Draft Guidelines are available here. The WP29 is a collective of EU data privacy supervisory authorities (“DPAs”). (more…)

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24 October 2017

NIST’s Digital Identity Guidelines Favor the User

With the continued rise of data breaches rooted in a compromise of user credentials, interest has continued to build in more secure form of digital identities for authentication.  Supporting controls for federal agencies as well as innovation in the market, the National Institute of Standards and Technology (“NIST”) published its four-volume Digital Identity Guidelines earlier this year on June 22, 2017. The Guidelines encourage online service providers (“OSPs”) to adopt design practices that promise to reduce unnecessary user frustration with password and identity verification systems, while at the same time increasing security.  The primary purpose of the Guidelines is to promulgate technical requirements for federal agencies, businesses, however, could use the Guidelines as a baseline for their own cybersecurity systems—both to establish credibility and enhance the user experience. (more…)

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17 October 2017

U.S. Supreme Court to Weigh in on Extraterritorial Search Warrant Dispute

On October 16, 2017, the U.S. Supreme Court granted the U.S. government’s request for review of a lower court decision that rejected the government’s construction of the Stored Communications Act (SCA) and embraced a more restrictive view that Microsoft had advanced, backed by much of the tech industry and many privacy groups. (more…)

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02 October 2017

Illinois’ Governor Vetoes the Geolocation Privacy Bill

On September 22, 2017, Illinois Governor Bruce Rauner vetoed the proposed Geolocation Privacy Protection Act, which sought to limit the collection, use, retention, or disclosure of precise geolocation data from a mobile device without a person’s prior express and written consent.  The General Assembly originally passed the bill on June 27, 2017.  (For more background on the bill, see Illinois Becomes the First State to Pass a Geolocation Privacy Protection Bill (July 5, 2017)). (more…)

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