This week the U.S. Supreme Court held in Federal Aviation Administration v. Cooper that an individual harmed by a federal agency’s violation of the Privacy Act cannot recover damages unless he or she is able to prove an economic loss. Under the Privacy Act, federal agencies are prohibited from disclosing “any record which is contained
March 2012
Facial Recognition Opinion Targets Social Networks, Authentication Services and Games Consoles
By Mark Young
The Article 29 Working Party (WP29) yesterday published an opinion on facial recognition in online and mobile services. The WP29 states this technology requires “specific attention” as it presents “a range of data protection concerns”.
The opinion focuses on facial technology being used in three main contexts: identifying people in social networks; authenticating and verifying…
RockYou Reaches Settlement With FTC Over Child Privacy and Data Security Allegations
Recently, the Federal Trade Commission announced that it has settled charges against RockYou, a game and entertainment website. The FTC alleged that RockYou knowingly collected email addresses and passwords and other information from 179,000 children without their parents’ consent. It also alleged that RockYou failed to employ adequate security features to protect the information of…
Federal Trade Commission Releases Privacy Report
Following more than a year of deliberation, the Federal Trade Commission today released its seminal report on consumer privacy, entitled Protecting Consumer Privacy in an Era of Rapid Change. The report contains “best practices” for businesses as well as recommendations to Congress for legislation. The final report issued today builds upon and revises a…
The Philippines and Singapore Move Towards New Data Protection Regimes
By Dan Cooper
On March 20, 2012, the Philippines Senate unanimously passed the Data Privacy Act of 2011 (“the Act”) on its third and final reading. According to one of its sponsors, Senator Edgardo Angara, the Act is heavily based on the current EU Data Protection Directive (Directive 95/46/EC) and meets the standards of the…
Maryland and Illinois Introduce Bills to Limit Employer Access to Employees’ Social Networking Accounts
Lawmakers in Maryland and Illinois have introduced bills that would prohibit employers from requiring job applicants or employees to grant access to their social networking accounts. The bills arose from reports that employers have impliedly or explicitly required access to social networking accounts as a condition of hiring or employment.
A few bills have been…
Data Privacy Regulation for Websites in China Takes Effect, National Standards for Commercial Industries Forthcoming
On March 15, 2012, new provisions governing the online collection, use, and storage of personal information went into effect in China. Promulgated by China’s Ministry of Industry and Information Technology (“MIIT”), the Several Provisions on Regulating the Market Order of Internet Information Services (“Provisions”) govern the competition-related activities of Internet Information Services Providers (“IISP”) in…
Making the Business Case for Privacy and Data Security
Companies often view privacy and data security as legal or compliance issues, but a number of recent surveys show that there is also a business case for building privacy and data security into products and services. For example:
- According to TRUSTe, 88% of U.S. adults report that they avoid doing business with companies that
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Do Not Track Kids Bill Gains Cosponsors
Over the last few weeks, a number of cosponsors have been added to the Do Not Track Kids Act of 2011 (H.R. 1895), bringing the total number of cosponsors to 29. The bill was introduced by Rep. Markey and Rep. Barton on May 13, 2011. Earlier this month, the two members also hosted a Congressional briefing to discuss how…
Six Months Until Texas Data Breach Amendment Takes Effect
As a reminder, unless it is repealed or delayed in the next six months, a far-reaching amendment to the Texas data security breach notice statute, Tex. Bus. & Comm. Code § 521.001 et seq., is scheduled to take effect on September 1, 2012. The amendment would substantially impact the national legal landscape for security…