March 2011

Earlier this week, the Federal Trade Commission announced that it has reached a settlement with Chitika, Inc., an ad network that tracks a user’s online activities in order to deliver advertising targeted to the individual user’s interests.  In its complaint, the FTC claimed that Chitika made statements that (1) users could opt out of targeted advertising by clicking on an “Opt-Out” button and (2)

A data protection bill is ready for consideration by the Filipino House of Representatives.  If made law, H.B. 1554 would be the first comprehensive data protection law in the Philippines.  The new legislation, intended to align with APEC principles, incorporates familiar fair processing principles, such as collecting personal data for a specified purpose, controls on the excessive

As we reported in a prior post, there is a developing legislative trend to restrict employers’ use of credit report information in making adverse employment decisions (e.g., hiring, promotion, termination) regarding prospective or current employees.  There are currently 18 states considering legislation in this area: California, Indiana, Kentucky, Missouri, Nebraska, New Mexico, New York,

Mexico’s data protection oversight body, the Federal Transparency and Data Protection Institute has indicated that it expects the draft implementing regulations that will bring into effect the new Mexican federal privacy statute to be ready in July of this year.  Introduced on July 6, 2010, Mexico’s “Federal Law Protecting Personal Data in Private Possession” is

A consolidated bill intended to reform data protection legislation in Korea is expected to be debated in the Korean National Assembly this Spring.  The text of the consolidated bill, which was put together in April 2010 and which combines elements of previous draft bills, has not been made public but there are fairly well informed predictions as

Taiwan’s revised Data Protection Act, which is not yet formally effective, is the first privacy-specific statute in the APAC region to contain an enforceable requirement to notify individuals of a data breach incident.  To date, no other privacy legislation in the Asia region has imposed an enforceable legislative requirement to communicate a data breach incident to individuals.  
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Since the 2009 amendments to Article 5(3) of the ePrivacy Directive (2002/58/EC) regarding cookies and consent, there has been considerable debate over what web sites and ad networks must do in order to deploy cookies lawfully, and over what constitutes informed consent from users (e.g., opt-in versus opt-out).  For a flavour, see the Article 29 Working Party Opinion 2/2010 on online