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FTC Releases Privacy Disclosure Staff Summary

On November 30, the FTC released a staff summary of its September 15, 2016 public workshop, Putting Disclosures to the Test.  Numerous goods and services, from home appliances to financial services, make use of disclosures to inform users of their privacy practices.  These disclosures—whether delivered offline or online, via text, video, or audio—are a key … Continue Reading

Digital Advertising Alliance Will Begin Enforcing its Cross-Device Guidance February 1, 2017

The Digital Advertising Alliance (DAA), a consortium of the nation’s largest media and marketing associations that has established self-regulatory standards for online behavioral advertising, announced on October 13 that the Council of Better Business Bureaus and the Direct Marketing Association will begin enforcement of the Application of the DAA Principles of Transparency and Control to Data … Continue Reading

EDPS Issues Opinion on Big Data and Enforcement

As announced last week, the European Data Protection Supervisor (“EDPS”) released on September 23, 2016 an opinion on “coherent enforcement of fundamental rights in the age of big data.”  This opinion follows an earlier Preliminary Opinion on privacy and competitiveness in the age of big data, published in 2004 (see our previous blog post here). … Continue Reading

FTC Hosts “Putting Disclosures to the Test” Workshop

By Sari Sharoni On September 16, 2016, the Federal Trade Commission (“FTC”) hosted a workshop on the factors that may contribute to the effect disclosures have on consumer behavior. The workshop, “Putting Disclosures to the Test,” included speakers from a wide range of disciplines and industries, who remarked on aspects of disclosure such as consumer … Continue Reading

China Releases Draft Implementing Regulations for Consumer Rights Protection Law

China’s State Administration of Industry and Commerce (“SAIC”) has released for public comment a draft regulation implementing recent amendments to a consumer protection law that would, among other things, supplement existing privacy obligations for businesses operating in China. The “Regulations on the Implementation of the Law on the Protection of the Rights and Interests of … Continue Reading

NTIA Multistakeholder Group Reaches Consensus on Best Practices for Commercial Use of Facial Recognition Technology

Last week, the multistakeholder group convened by the National Telecommunications and Information Administration (“NTIA”) to create set of voluntary best practices for the commercial use of facial recognition technology finalized its guidelines.  While the three-page code of conduct was praised by industry groups, including the Software & Information Industry Association and Consumer Technology Association, many … Continue Reading

FTC Settles With Lord & Taylor Over Native Advertisement and “Influencer” Promotion

By Megan Rodgers The FTC today announced that it reached a settlement with Lord & Taylor over a native advertisement and promotion that relied on social media “influencers” to promote a particular product. This was the first native advertising settlement reached by the FTC since it issued its Policy Statement on Native Advertising in December … Continue Reading

Company Receives Record Fine from UK Regulator For Cold Calling

The UK’s data protection regulator, the Information Commissioner’s Office (“ICO”), has imposed a fine of £350,000 on Prodial Ltd (“Prodial”) for making over 46 million unsolicited automated telephone calls to generate leads in relation to payment protection insurance refunds.  This is the highest fine issued by the ICO to date.… Continue Reading

Children’s Website Modifies Privacy Practices in Response to CARU Inquiry

In an example of successful industry self-regulation, the website DorkDiaries.com revised its privacy practices for children’s data, following an inquiry from the Children’s Advertising Review Unit (CARU). CARU, the children’s arm of the advertising industry’s system of self-regulation, monitors advertising to children in all media.  As part of that effort, it examines websites and apps … Continue Reading

FTC Issues Policy Statement on Native Advertising

By Megan Rodgers The Federal Trade Commission today issued an Enforcement Policy Statement on Deceptively Formatted Advertisements.  The Policy Statement addresses occasions in which certain media outlets blur the traditional line between advertisements and editorial content, and seeks to clarify advertisers’ and publishers’ obligations regarding native advertising and social media. Native advertisements can take a … Continue Reading

FTC Hosts Cross-Device Tracking Workshop

The FTC’s cross-device tracking workshop on Monday focused on the benefits and challenges of cross-device tracking.  FTC Chairwoman Edith Ramirez emphasized that regardless of the specific technology employed, companies should continue working to address issues of transparency, notice, and choice in this area.  She also highlighted the self-regulatory efforts of the advertising industry on cross-device … Continue Reading

FTC Announces Final Agenda for Cross-Device Tracking Workshop

The FTC has announced the final agenda for its November 16 cross-device tracking workshop.  According to today’s press release, the workshop “will examine the practice of collecting data through these devices and the potential wide-ranging effects on consumer privacy.” Opening remarks will be provided by FTC Chairwoman Edith Ramirez, followed by a presentation from Justin … Continue Reading

California AG Issues Guidance for Consumers on Managing Mobile Location Privacy

By Hannah Lepow Yesterday California Attorney General Kamala D. Harris released guidance on how smartphone and tablet users can manage GPS and other location tracking functions on their mobile devices. The brief information sheet, designed for consumers, details how Android and iOS users can control different types of location information on their devices, including location … Continue Reading

FTC to Hold Workshop on Cross-Device Tracking

The Federal Trade Commission will hold a workshop on November 16 to address cross-device tracking.  The FTC’s announcement highlights two forms of cross-device tracking: “deterministic” tracking, which requires that a user log in to the same service across multiple devices, and “probabilistic” tracking, which collects data about users to create a digital fingerprint that links a … Continue Reading

New California Law Regulates Voice Recognition Technology in Smart TVs

By Brandon Johnson On October 6, 2015, California Governor Jerry Brown signed into law Assembly Bill 1116 (A.B. 1116), which regulates the manner in which smart TVs must notify users of voice-recognition technology and may use recorded voice commands.  The bill, which was passed unanimously by both houses of the California legislature earlier this year, … Continue Reading

UK ICO Issues Largest Ever Fine In Connection With Automated Marketing Calls

The UK Information Commissioner’s Officer (“ICO”) has issued its largest fine to date in connection with using an automated calling system to make direct marketing calls.  The ICO found that Home Energy & Lifestyle Management Ltd (“HELM”), a green energy company that made millions of automated marketing calls in relation to “free” solar panels, recklessly … Continue Reading

Regulators in the U.S. and U.K. Monitoring Mobile Apps and Websites Directed at Children

By Megan L. Rodgers What information is being collected by mobile apps and websites directed at kids? With whom is that information shared? What notice is provided to parents? Regulators in the U.S. and abroad continue to focus on these issues. The FTC recently released a follow-up report on privacy notices in mobile apps directed … Continue Reading

Web Standards Group Releases Candidate Recommendation As Part of Broader “Do Not Track” Review

As part of its broader effort to develop a “Do Not Track” (DNT) web browser privacy standard, the World Wide Web Consortium (“W3C”), an international organization that develops Internet standards, recently released a draft of one technical component of the standard to gather implementation experience from the developer community.… Continue Reading

Multistakeholder Group Seeks Comment on Draft Framework for IoT Device Manufactures

Earlier this week, the Online Trust Alliance released a draft framework of best practices for Internet of Things device manufacturers and developers, such as connected home devices and wearable fitness and health technologies.  The OTA is seeking comments on its draft framework by September 14. The framework acknowledges that not all requirements may be applicable … Continue Reading

UK Supreme Court Will Hear Google’s Appeal in Important Privacy Case

The UK Supreme Court has granted Google the right to appeal part of the English and Welsh Court of Appeal’s notable ruling in Google Inc. v. Vidal-Hall & Ors [2015] EWCA Civ 311. Our previous blog highlighted the facts of the case (brought by Internet users against Google’s ad-tracking practices) and the significant consequences of … Continue Reading

Draft Regulations in China Preview Stricter Rules on Internet Advertising

On July 1, 2015, China’s State Administration for Industry and Commerce published a draft of the Interim Measures on Supervision of Internet Advertising (“Draft Internet Advertising Measures”; original Chinese here) for public comment. If adopted as drafted, the Draft Internet Advertising Measures would (1) require advertisements in email and instant messaging to contain conspicuous options … Continue Reading

Digital Advertising Alliance Will Begin Enforcing its Mobile Guidance September 1, 2015

The Digital Advertising Alliance (DAA), a consortium of the nation’s largest media and marketing associations that has established self-regulatory standards for online behavioral advertising, announced on May 7 that the Council of Better Business Bureaus and the Direct Marketing Association will begin enforcement of the Application of Self-Regulatory Principles to the Mobile Environment (DAA Mobile … Continue Reading

White House Privacy Bill: A Deeper Dive

As we reported earlier today, the long-awaited White House draft of privacy and data security legislation has been released. While the United States does not today have a comprehensive privacy and data security law, the proposed Consumer Privacy Bill of Rights would impose a suite of substantive privacy and data security obligations across sectors and … Continue Reading

White House Privacy Bill Is Released

The White House’s much anticipated draft privacy legislation has now been released.   We are digesting its content now and will post an update with some additional comments shortly. The draft appears to include an expansive definition of “personal data.”  In addition, early press reports note that the draft bill would require companies to inform consumers and … Continue Reading
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