California Governor Signs ‘Do Not Track’ Disclosure Requirement; Commercial...
We previously noted that the California legislature had recently passed and sent to the governor’s desk a number of different data privacy bills this term. This past Friday, California Governor Jerry...
View ArticleWhat a Difference a Year Makes with the TCPA; Or Does It?
Almost a year ago, we posted a client alert saying that it looked like the FCC might be getting ready to issue some guidance on what constitutes an automatic telephone dialing system (“auto- dialer”)...
View ArticleImminent Effective Date of FCC’s Prior Express Written Consent Rule Under the...
As we have reported in the past, the FCC, in a February 2012 Order, revised its TCPA rules to, among other things, “require prior express written consent for all autodialed or prerecorded telemarketing...
View ArticleInternational Economic Organisation OECD Publishes Revised Guidelines On the...
The international free flow of information has become fundamental in a data-driven economy. Yet the increasingly extensive use and movement of personal data creates greater privacy risks for an...
View ArticleThe Shutdown is Over, for Now.
The 16 day partial federal shutdown is over. Over half a million furloughed federal employees have returned to work; national parks are again welcoming visitors; and the threat of our nation defaulting...
View ArticleCalifornia Courts Limit Liability for Lost Medical Information
A panel of the Court of Appeal limited the private right of action under the California Confidentiality of Medical Information Act, Civil Code § 56 et seq. (“CMIA”), holding that alleging negligent...
View ArticleForeign Investment in the United States: Executive Order to Divest Foreign...
On October 10, 2013, the U.S. District Court for the District of Columbia issued an amended ruling dismissing Ralls Corporation’s (“Ralls”) challenge to a presidential order requiring divestiture of...
View ArticleUK Department of Health Response Supports Recommendations Following Review of...
The UK Department of Health has published a response supporting the Caldicott Review findings on information sharing of patient data across the health and care system. The Department of Health...
View ArticleU.S. Court Permits Service by Facebook Message Against UK Defendant
A U.S. District court ruled that a UK defendant may be served via Facebook. The U.S. District Court for the Eastern District of Michigan in Woodward v. Chetvertakov, E.D. Mich., No....
View ArticleBreakthrough Vote by European Parliament Sets Delayed Data Protection...
In January 2012, the European Commission proposed a legislative package to update the data protection principles enshrined in the 1995 Data Protection Directive (Directive 95/46/EC). The policy...
View ArticleUK Office of Fair Trading Consults On Consumer Protection Principles for...
With more than six million apps currently in existence, the ‘appification’ of society is increasingly a topic of discussion, and certainly it was prominent at the 35th International Conference of Data...
View ArticleDoes California’s New ‘Eraser Button’ Law Apply to You?
One of the bills we have been following since May has recently cleared the governor’s desk and been signed into law. SB 568, now popularly known as the “Eraser Button” law, adds two significant,...
View ArticleThird-Party Relationships: the OCC Gets Serious in Its New Bulletin
Yesterday, the Office of the Comptroller of the Currency issued OCC Bulletin 2013-29 on Third-Party Relationships. The document rescinds OCC Bulletin 2001-47 and OCC Advisory Letter 2000-9, both of...
View ArticleIt’s 2013: Do You Know Where Your TSRA License is?
When your work involves export controls, it’s good to remember that reform – especially in the form of decontrol – seldom has an immediate impact. It’s been just over a year since the U.S. Treasury...
View ArticleEU Court Ruling Reinforces the ‘Right to Be Forgotten’ On Social Media Sites
The “right to be forgotten” is a hot topic of discussion in the context of imminent EU Data Protection Reform. Article 17 of the new EU General Data Protection Regulation will give data subjects the...
View ArticleGlobal Privacy Enforcement Network Conducts International Privacy Sweep,...
Transparency is central to respecting the privacy of individuals and it is paramount that organisations develop transparent online privacy policies so that individuals understand how their personal...
View ArticleDepartment for Business, Innovation & Skills Publishes Impact Assessment for...
The UK Government Department for Business, Innovation and Skills (BIS) has issued an impact assessment (IA) at the end of September on the draft Network and Information Security Directive (the...
View ArticleChina Amends Consumer Protection Law to Benefit Consumers at Expense of...
On 25 October 2013, China’s Standing Committee of the National People’s Congress of the People’s Republic of China passed an amendment to modernise the Law on Protection of Consumer Rights and...
View ArticleThe Lawman Cometh: The SEC Adds Deferred Prosecution Agreements to Its Bag of...
Last week the Securities and Exchange Commission (“SEC”) announced it had entered into its first deferred prosecution agreement (“DPA”) with an individual. The announcement is interesting for two...
View ArticleState Attorneys General Maintain Sharp Focus On Privacy
Though the National Association of Attorneys General (NAAG) Presidential Initiative “Privacy in a Digital Age” expired in June 2013 when a new NAAG president took over, the state attorneys general have...
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