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Inside Privacy Updates on Developments in Global Privacy & Data Security from Covington & Burling LLP

Monthly Archives: October 2011

Administration and Key Members Continue To Push Cybersecurity Legislation

Posted in Cybersecurity, Data Security

Over the past month, a number of White House officials and key House and Senate members have discussed the importance of moving cybersecurity legislation forward.  Highlights include the following: On October 4, White House Cybersecurity Coordinator Howard Schmidt said that he has “a high level of confidence that something will move forward” at an event… Continue Reading

Right of Publicity Suit Against Facebook Dismissed

Posted in Litigation, Social Media

Last week, U.S. District Judge Richard Seeborg dismissed a putative class action against Facebook alleging that the company violated users’ rights of publicity by using their names and pictures for its Friend Finder service.  The Judge concluded that the class failed to demonstrate that they suffered any injury as a result of the service.  The Judge… Continue Reading

Google Buzz FTC Settlement Accepted

Posted in Federal Trade Commission, Social Media, United States

Following a public comment period that began in March of this year, the Federal Trade Commission has accepted as final a settlement with Google relating to the social network “Buzz” product that was launched in 2010.  (For more details about the Buzz product and its launch see Inside Privacy’s prior post, here).  As the Commission’s… Continue Reading

First Circuit Holds That Mitigation Costs Are Sufficient To Support Claims in Card Breach Case

Posted in Data Breaches, Data Security

Reversing the decision of the lower court, the U.S. First Circuit Court of Appeals recently held in Anderson v. Hannaford Bros. Co. that under Maine law, claims for breach of contract and negligence can be premised on the cost of replacing credit/debit cards whose numbers had been breached and the cost of credit insurance where… Continue Reading

Senator Rockefeller Requests FTC Report on Facial Recognition Technology

Posted in Advertising & Marketing, Congress, Federal Trade Commission, United States

Last month, as we previously reported, the Federal Trade Commission (FTC) announced that it will host a December workshop to explore potential privacy and security implications raised by the increasing use of facial recognition technology.  Yesterday, Senator John D. Rockefeller IV (D-W.Va.), chairman of the Commerce, Science, and Transportation Committee sent a letter to the FTC commending… Continue Reading

Mobile Marketing Association Releases Mobile Privacy Policy Framework

Posted in Mobile

Recently, the Mobile Marketing Association (MMA), a non-profit profit organization representing participants in the mobile marketing industry, released a privacy policy framework for mobile applications.  Although framed as a model privacy policy, the MMA Privacy and Advocacy Committee makes clear that the document is intended to be a “starting point” rather than a verbatim model. … Continue Reading

Court Holds That CAN-SPAM Preempts Michigan Anti-Spam Suit

Posted in Advertising & Marketing, Litigation

A federal district court in Michigan recently held that the federal CAN-SPAM Act preempts Michigan’s anti-spam law.  Unlike the federal law, Michigan’s statute offers individuals who receive unsolicited commercial email, or “spam,” a private cause of action.  The decision, by Judge Janet T. Neff of the Western District of Michigan in Hafke v. Rossdale Group,… Continue Reading

HHS Considers Providing Right to Receive Test Reports Directly From Labs

Posted in Health Privacy

The U.S. Department of Health and Human Services (HHS) is currently accepting comments on a proposed rule that would amend regulations under the Clinical Laboratory Improvement Amendments of 1988 (CLIA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA).  Under the HIPAA Privacy Rule, individuals have the right of access to their protected… Continue Reading

New California Law Restricts Use of Credit Reports for Employment Purposes

Posted in United States

Earlier this week, California became the latest state to restrict the use of consumer credit reports in the employment context, as Gov. Jerry Brown signed into law A.B. 22.  As we previously have blogged, a growing number of states–including Connecticut, Hawaii, Illinois, Oregon, Washington, and Maryland–have augmented the protections provided by the federal Fair Credit Reporting Act… Continue Reading

Bono Mack Holds Hearing About Consumer Privacy Expectations

Posted in Advertising & Marketing, Congress, Online, United States

Yesterday, the House Subcommittee on Commerce, Manufacturing, and Trade held a hearing entitled , “Understanding Consumer Attitudes About Privacy.”  The hearing featured a single panel with a mix of industry representatives and consumer privacy advocates, including representatives from Intuit, Microsoft, the Digital Advertising Alliance, Evidon, and the World Privacy Forum.  A primary focus of the… Continue Reading

SEC’s Division of Corporation Finance Issues Guidance on Disclosing Cybersecurity Risks

Posted in Cybersecurity, Data Breaches, Data Security, United States

By David Fagan & Steve Satterfield Yesterday, the SEC’s Division of Corporation Finance issued a guidance document regarding public companies’ disclosure obligations relating to cybersecurity risks and breaches.  The guidance responds to a request by Sen. Jay Rockefeller that the SEC clarify its position on this increasingly important issue.  The Division noted that as companies… Continue Reading

Video Privacy Protection Act Consent Bill Passes House Committee

Posted in Congress, Social Media

Following up on a meeting last week, today the House Judiciary Committee held a hearing on Rep. Bob Goodlatte’s proposed amendment to the Video Privacy Protection Act (VPPA). The Committee favorably reported (i.e., approved) a modified version of Rep. Goodlatte’s bill, H.R. 2471, which would permit consent to be given to sharing video usage information… Continue Reading

Stanford Researcher Unveils Latest Internet Privacy Study

Posted in Congress, Data Security, Federal Trade Commission

Jonathan Mayer of Stanford’s Center for Internet and Society unveiled the Center’s latest research report, “Tracking the Trackers: Where Everybody Knows Your Username,” at the National Press Club Tuesday morning. The event also featured remarks from Federal Trade Commission Chairman Jon Leibowitz and Senior Counsel to the U.S. Senate Committee on Commerce, Science and Transportation Christian Fjeld… Continue Reading

House Subcommittee Discusses COPPA Updates, Teen Privacy

Posted in Advertising & Marketing, Children's Privacy, Congress, Federal Trade Commission, Mobile, Online, United States

The House Energy and Commerce Committee’s Subcommittee on Commerce, Manufacturing and Trade held the latest in its series of hearings on Internet privacy Wednesday morning. The hearing — titled “Protecting Children’s Privacy in an Electronic World” — focused on the Federal Trade Commission’s proposed updates to the regulations implementing the Children’s Online Privacy Protection Act… Continue Reading