Monthly Archives: December 2012

ENISA Publishes New Guidelines for Smart Grid Cyber Security

In December 2012, the European Network and Information Security Agency (ENISA) published a set of (non-binding) Guidelines titled, “Appropriate security measures for smart grids; Guidelines to assess the sophistication of security measures implementation”.  The Guidelines are intended to help EU Member States and smart grid stakeholders improve the resilience of smart grid cyber security systems … Continue Reading

Senate Passes VPPA Amendment; Bill Heads to President Obama

Last night, the Senate passed an amendment to the Video Privacy Protection Act, 18 U.S.C. § 2710, designed to make it easier for users to share their online video viewing activities.   (We’ve discussed the amendment’s content here and here.)  President Obama is expected to sign the bill into law.  Netflix, the most prominent backer of … Continue Reading

FTC Adopts Final COPPA Rule: What Businesses Should Know

The Federal Trade Commission has released its revised final rule implementing the Children’s Online Privacy Protection Act (“COPPA”), which governs (1) operators of websites and online services that are directed to children under the age of 13 and (2) operators of general audience websites or online services that have actual knowledge that a user is … Continue Reading

FCC Provides Consumer Tips On Mobile Privacy And Security

The Federal Communications Commission yesterday released a Smartphone Security Checker, a tool designed to help consumers secure their smartphones against mobile security threats.  The tool provides consumers with tips that are customized for four different mobile operating systems.  Many of tips focus on security-related topics.  For instance, the tool recommends that consumers set a password … Continue Reading

House Passes Updated VPPA Amendment

Continuing the flurry of activity around privacy legislation that we have seen over the past few weeks, the House today passed an amendment to the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710.  The bill would amend the VPPA by clarifying that a consumer may consent to the disclosure of her video viewing information … Continue Reading

FTC to Study Data Broker Industry’s Collection and Use of Consumer Data

Less than a week after the Bi-Partisan Congressional Caucus’s briefing on data brokers and privacy, the Federal Trade Commission has issued orders requiring nine data brokerage companies to provide the agency with information about how they collect and use data about consumers. The nine data brokers receiving orders from the FTC were:  Acxiom, Corelogic, Datalogix, … Continue Reading

5th Circuit Rules That Cell Phones Are Not “Facilities” Under SCA

Yesterday the Fifth Circuit ruled in Garcia v. City of San Laredo that personal cell phones are not “facilities” under the Stored Communications Act (SCA), agreeing with a growing number of courts that have reached the same conclusion.  In reaching this decision, the court rejected the claim of plaintiff Garcia, a former police dispatcher for the … Continue Reading

New Jersey Restricts Colleges’ Access to Students’ Personal Accounts, Considers Similar Protections for Employees

New Jersey earlier this month became the latest state to bar college and university officials from demanding access to students’ or applicants’ personal online accounts.  Gov. Chris Christie signed the law, which takes effect immediately, on Dec. 3. Under the new law, which applies to public and private higher-education institutions, schools cannot require a student or … Continue Reading

FTC Releases Second Report on Mobile Apps Directed To Children

The Federal Trade Commission released today its second report on mobile apps directed to children.  The report, which follows up on an analysis that staff conducted in February 2012, examined the privacy disclosures of hundreds of kid-directed mobile apps and tested the apps’ practices against these disclosures to determine if the disclosures were accurate and complete.   Staff found the results … Continue Reading

Delta Sued for Failure to Provide In-App Privacy Policy

California Attorney General Kamala Harris has made good on her promise to get tough with mobile app makers that fail to provide privacy policies in their apps.  Yesterday, her office sued Delta Airlines for violating the California Online Privacy Protection Act (“CalOPPA”), which requires providers of websites and “online services” to conspicuously post privacy policies … Continue Reading

FTC Hosts Workshop to Examine Comprehensive Data Collection

On Thursday, the Federal Trade Commission (“FTC”) hosted a workshop to explore the practices and privacy implications of comprehensive data collection. The event gathered consumer protection groups, academics, privacy professionals, and business and industry representatives to examine the current state of comprehensive data collection, its risks and potential benefits, and what the future holds for … Continue Reading

ICO Releases New Guidance on Destruction of Electronic Equipment

The Information Commissioner’s Office (ICO) has produced new guidance on “IT asset disposal for organisations” to help data controllers understand their responsibilities relating to the destruction and disposal of electronic equipment.  The guidance, which addresses one of the areas where organizations are most frequently fined under the UK Data Protection Act 1998 (DPA), explains how … Continue Reading

FTC Announces Amended Rule on Identity Theft “Red Flags”

On Friday, November 30, the Federal Trade Commission (FTC) issued an Interim Final Rule to amend its Red Flags Rule, which requires certain financial institutions and creditors to establish programs to detect, prevent and mitigate identity theft in connection with consumer accounts.  The Interim Final Rule narrows the definition of “creditor” in response to legislation … Continue Reading

Australia Introduces New Privacy Act

By Daniel Cooper and Fredericka Argent On 29 November 2012, the Office of the Australian Information Commissioner announced that the Australian government passed the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) (“the Act”). The Act, due to come into force in March 2014, is the biggest reform to Australian privacy law in over 20 … Continue Reading
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