Web Conference: What Will the FCC’s New Rules Mean for Your Business?

(Apr 17, 2015) The Federal Communications Commission (FCC) has recently been busy with several data privacy enforcement actions, and with a new net neutrality order bringing in a whole new swath of services under the FCC’s Title II jurisdiction, the agency is set to get even busier. To explore the many implications of these developments, the IAPP will host the web conference, “The FCC’s New Rules for Online Providers—What They Mean for Your Business.” The program will be moderated by Hogan Lovells Partne... Read More

The EU Reg Is Coming; What Will It Look Like?

(Apr 15, 2015) While the final form of the General Data Protection Regulation remains somewhat a mystery, one thing’s for sure: It is coming. Such was the message of a keynote panel at the Data Protection Intensive in London. Thus, the panelists focused on peering into their crystal balls and giving attendees insight on what they ought to be preparing for. Read More

FCC To Examine Verizon Supercookies for Privacy Violations

(Apr 13, 2015) A week after levying the largest data privacy fine in its history, the U.S. Federal Communications Commission (FCC) will examine the use of so-called “supercookies” by Verizon, MediaPost reports. Earlier this month, Verizon gave customers the ability to opt out of the controversial ad-targeting technology. Dissatisfied by the solution, Sens. Ed Markey (D-MA), Richard Blumenthal (D-CT) and Bill Nelson (D-FL) have requested the FCC look into the practice. In a letter, FCC Chairman Tom Wheeler wrot... Read More

FTC v. Wyndham: Has the FTC Declared Unreasonable Security “Unfair”?

(Apr 10, 2015) In the latest installment of the FTC v. Wyndham case, the Third Circuit Court of Appeals is set to determine the scope of the agency’s authority over unfair trade practices in the arena of cybersecurity. On March 27, the Federal Trade Commission (FTC) and Wyndham Worldwide Corp. filed supplemental briefings in the Third Circuit presenting arguments on whether the FTC has declared that unreasonable cybersecurity practices are unfair, and, assuming the FTC has not determined that unreasonable cybe... Read More

FCC Fines AT&T $25M for Data Privacy Lapse; Who Will Be Next?

(Apr 9, 2015) The events that led to the Federal Communications Commission (FCC) imposing the largest-ever fine for data privacy violations on AT&T read a bit like a James Patterson novel. There were polygraphs administered, back-alley deals with a member of the Mexican underworld and hundreds of thousands of customer records being sold. Luckily, unlike a Patterson novel, the end result wasn’t a grisly crime scene but rather a consent agreement with the FCC that includes a $25 million civil penalty, the h... Read More

FCC Fines AT&T $25m for Data Privacy Lapse; Who Will Be Next?

(Apr 9, 2015) The events that led to the FCC imposing the largest-ever fine for data privacy violations on AT&T read a bit like a James Patterson novel. For more than six months in late 2013 and early 2014, three employees of a Mexican call center with systems maintained and operated by AT&T, and subject to the company’s data security practices, used their login credentials to access customer accounts and grab names and the last four digits of Social Security numbers so that online requests for cellu... Read More

A Deep Dive Into the Privacy and Security Risks for Health, Wellness and Medical Apps

(Apr 6, 2015) The Food and Drug Administration (FDA), on February 9, issued “Mobile Medical Applications: Guidance for Food and Drug Administration Staff,” in which it solidified its decision not to actively regulate health and wellness apps—as well as a host of medical-related apps. Companies breathed a collective sigh of relief, and there have even been pronouncements, by various commentators, that the area is now “deregulated.” As it turns out, this is completely untrue and has lulled many into a false sen... Read More

The Hulu VPPA Decision and What We Can Learn from It

(Apr 3, 2015) “The Hulu litigation is the most robust discussion of the Video Privacy Protection Act (VPPA) in the Internet-streaming context,” writes Dominique Shelton, CIPP/US, in this Privacy Tracker post, and after a four-year battle, “Magistrate Judge Laurel Beeler dismissed the plaintiffs’ claims with prejudice.” The court made its decision based on the technology, determining that Hulu did not “knowingly disclose” consumers’ personal information in connection with their video-viewing information, as re... Read More

Facebook Under EU Scrutiny; WP29 Now Involved

(Apr 3, 2015) A KU Leuven report commissioned by the Belgian Data Protection Authority on Facebook’s data collection practices has created a great deal of attention. On Tuesday, The Guardian ran a story with the headline, “Facebook ‘Tracks all Visitors, Breaching EU Law’,” while the EUObserver was slightly more reserved: “Facebook Tracking Said to Breach EU Law.” On Wednesday, the BBC followed up with “Facebook Hits Back at Data Use Privacy Criticisms.” However, it’s possible the biggest news created by the r... Read More

Commissioner Urging More Actions on TCPA Backlog

(Apr 3, 2015) Federal Communications Commissioner Michael O’Rielly is urging the FCC to take on the backlog of Telephone Consumer Protection Act (TCPA) petitions for the purpose of creating clarity for advertisers as well as answering concerns about the agency’s plans to step up privacy and security enforcement. O’Rielly made the remarks, which have been made available by the FCC, at an Association of National Advertisers event on Wednesday. “It is time for the FCC to act to provide clear rules of the road th... Read More