Tag Archives: Consent

FCC Fines Calling Platform $2.88 Million for TCPA Violations

Last week, the FCC issued a forfeiture order against Dialing Services, LLC (“Dialing Services”) $2,880,000, finding that Dialing Services made automated calls to wireless phones without prior express consent, in violation of the Telephone Consumer Protection Act (“TCPA”).  Dialing Services is a platform that offers automated calling services to its customers, and this Order is … Continue Reading

Italian DPA Issues Record Data Privacy Fine

By Luca Tosoni and Dan Cooper On 2 February 2017, the Italian DPA (“Garante”) imposed a record fine of 5,880,000 Euros on a UK company operating in Italy for its violation of the data privacy consent rules contained in Italian law.  This is the largest data privacy fine ever issued by a European data protection … Continue Reading

UK Information Commissioner’s Office Publishes Draft Guidance on Consent under the GDPR

By Dan Cooper and Rosie Klement On March 2, 2017, the Information Commissioner’s Office (“ICO”) released draft guidance for UK organizations on how the notion of consent will be interpreted and applied when the General Data Protection Regulation (“GDPR”) comes into force in May 2018. The ICO is currently engaging in a public consultation on … Continue Reading

The New EU Data Protection Law: Key Elements for Business

The General Data Protection Regulation (GDPR) (see the latest text here), which was approved at the political level last week, heralds a new era of data protection in the EU and beyond.  The GDPR imposes numerous new obligations on companies both within and outside the EU, strengthens the rights of individuals and foresees stiff penalties … Continue Reading

Internet of Things Poses a Number of Significant Data Protection Challenges, Say EU Watchdogs

The Article 29 Data Protection Working Party (“Working Party”), the independent European advisory body on data protection and privacy, comprised of representatives of the data protection authorities of each of the EU member states, the European Data Protection Supervisor (the “EDPS”) and the European Commission, has identified a number of significant data protection challenges related … Continue Reading

Big Data Analysis is Possible Without Infringing Key Privacy Principles, Says International Working Group

“Data is everywhere. The amount of data on the global level is growing by 50 percent annually. 90 [percent] of the world’s data has been generated within the past two years alone,” explains the International Working Group on Data Protection in Telecommunications in their Opinion of May 6, 2014, titled, “Working Paper on Big Data … Continue Reading

European Regulators and the Eternal Cookie Debate

By Dan Cooper, Mark Young and Maria-Martina Yalamova This week, the Article 29 Working Party (the “WP29”) released an opinion paper on what constitutes “consent” for purposes of complying with the EU’s “cookie” rules — rules that were revised to include a consent requirement nearly four years ago.  The paper will be relevant to website … Continue Reading

Petitions to Forbear or Clarify New FCC TCPA Rules Filed

Earlier today, two entities — the Direct Marketing Association (“DMA”) and a Coalition of Mobile Engagement Providers (“Coalition”) — filed petitions at the FCC asking the agency to stay and forbear from enforcing, or clarify, certain aspects of the “prior express written consent” requirement that went into effect yesterday for prerecorded calls to residential numbers and autodialed … Continue Reading

FTC Approves $22.5 Million Consent Decree to Settle Charges that Google Bypassed Safari Users’ Privacy Settings

Today the Federal Trade Commission has announced its approval of a consent decree to settle charges that Google misrepresented to users of Apple’s Safari browser that it would not place tracking “cookies” or serve targeted ads to those users, violating an earlier privacy settlement between the company and the FTC.  The decree requires Google to pay a … Continue Reading

FCC Adopts New Telemarketing Restrictions

Today, the Federal Communications Commission adopted new rules that strengthen its restrictions on autodialed or prerecorded telemarketing calls.  The FCC billed the new rules as an effort to maintain consistency with the Federal Trade Commission’s telemarketing sales rule, which also governs telemarketing calls, and to give consumers control over the calls that they receive. Under … Continue Reading

Facebook’s FTC Agreement: What Does It Mean For Me?

Last week, the FTC announced that it has agreed to end its 18-month investigation of Facebook’s privacy practices, with a settlement that involved a twenty-year compliance plan and specific steps to formalize privacy within Facebook’s organization.  Though the proposed settlement, which will now be open for public comment, has met with a range of reactions, … Continue Reading

Google Buzz FTC Settlement Accepted

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

Video Privacy Protection Act Consent Bill Passes House Committee

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
LexBlog