Category Archives: Privacy

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Read This Before Scanning A Driver’s License In New Jersey

On October 1, 2017, a new law will take effect in New Jersey, the Personal Information and Privacy Protection Act (“PIPPA”), which will severely restrict retailers’ ability to “scan” any customer’s “identification card”–a term defined to mean “a driver’s license,” “probationary license,” “non-driver photo identification card,” or any similar card “issued…for purposes of identification.” Merely … Continue Reading

FTC Submits Comments on IoT Device Security to NTIA Working Group

On Monday, the FTC submitted comments to the draft National Telecommunications and Information Administration (NTIA) guidance intended to improve Internet of Things (IoT) device security and increase consumer transparency. While recognizing the benefits (and proliferation) of IoT devices, the Commission’s comments caution that such benefits can only be realized when device manufacturers both incorporate – … Continue Reading

One Employee in Europe Could Trigger New EU Data Protection Obligations

An Update on the New EU General Data Protection Regulation On 16 April 2016, the EU adopted the General Data Protection Regulation (‘GDPR’) which largely rewrites and harmonizes the European legal framework of data protection. The new regulation will become applicable in May 2018, but given the scope and complexity of the GDPR it is … Continue Reading

“Geofencing” and Health-Related Targeted Advertising: Massachusetts AG Has Something to Say

Earlier this month, the Massachusetts Attorney General announced that her office had reached a settlement with a digital advertising company, Copley Advertising, Inc. (Copley), prohibiting the company from using mobile geofencing technology to target women at or near Massachusetts healthcare facilities to infer the health status, medical condition, or medical treatment of an individual. Geofencing … Continue Reading

FTC Highlights Deep-Sixing of FCC Privacy Rules in Bid for 9th Circuit Rehearing

In support of its request for an en banc rehearing of a Ninth Circuit Court of Appeals panel decision in FTC v. AT&T over the jurisdictional boundaries between the Federal Trade Commission’s (FTC) and Federal Communications Commission’s (FCC) authority over phone companies, broadband providers, and other common carriers, the FTC sent a letter to the Court … Continue Reading

Ad Law News and Views Newsletter

Did you know Kelley Drye’s Advertising Law practice produces a newsletter, Ad Law News and Views, every two weeks to help you stay current on ad law and privacy matters? Click here to access our Publication Sign Up and select Advertising and Marketing to subscribe. Find contents from the latest issue below: Click here to view with … Continue Reading

Smart TV Manufacturer “Smarting” after $2.2 Million Privacy Enforcement

This week, the FTC announced a settlement with VIZIO, Inc., one of the world’s largest manufacturers of “smart” TVs.  The settlement, also with the Office of the New Jersey Attorney General, arises from claims by regulators that VIZIO installed software that collected viewing data for 11 million consumer TVs without consent.  The $2.2 million settlement … Continue Reading

EU Data Protection Authority Issues GDPR Action Plan, Swiss Sign Privacy Deal with U.S.

On January 16, 2017, the Article 29 Working Party (“Working Party”)—the EU’s central data protection advisory board—published a press release regarding its Action Plan for 2017, which was adopted as part of its wider implementation strategy for the General Data Protection Regulation (“GDPR”).  The Action Plan follows up on the actions initiated in 2016 and … Continue Reading

New FTC Acting Chair Maureen Ohlhausen Offers Insight into Consumer Protection Priorities

Just over one week after being named acting chair of the Federal Trade Commission (FTC), Maureen Ohlhausen delivered the keynote address at the American Bar Association’s biennial Consumer Protection Conference in Atlanta on February 2. During her remarks, acting chair Ohlhausen offered insight into consumer protection priorities during her tenure as acting chair. First, acting … Continue Reading

FTC Staff Report Details Best Practices for Cross-Device Tracking

The ubiquitous use of multiple devices by consumers has created new opportunities for mobile apps, platforms, providers, and publishers alike to capture more, and more accurate, consumer data.  This practice – known as cross-device tracking – serves many purposes but is particularly valuable to advertisers. On January 23, 2017, FTC staff released a report entitled … Continue Reading

Announcing the Advertising and Privacy Law Webinar Series

Please join Kelley Drye in 2017 for the Advertising and Privacy Law Webinar Series. Like our annual in-person event, this series will provide engaging speakers with extensive experience and knowledge in the fields of advertising, privacy, and consumer protection. These webinars will give key updates and provide practical tips to address issues faced by counsel. … Continue Reading

May Old Memoranda Be Forgot: White House Issues New Memorandum on Breach Response Plan

The White House Office of Management and Budget (“OMB”) marked the beginning of the 2017 Federal calendar year by issuing a memorandum to all agency and department heads with new guidance on breach preparation and response. While the guidance is not directed to the business sector, it is instructive for corporate counsel as it complements … Continue Reading

FTC Files Lawsuit Against Taiwanese Manufacturer for Alleged Lax Security in Wireless Routers and Cameras and Related Marketing Claims

The Federal Trade Commission has filed a lawsuit in federal court claiming that a networking equipment manufacturer engaged in unfair and deceptive acts, exposing thousands of consumers to the risk of cyberattack from vulnerable wireless routers and internet cameras. The complaint against Taiwan-based networking equipment manufacturer D-Link Corporation and its U.S. subsidiary D-Link Systems alleges … Continue Reading

FTC Settles with Turn Over Alleged Privacy Policy Misrepresentations

On Wednesday, the FTC announced that Turn, a California-based ad-tech firm, agreed to settle charges that it misrepresented its consumer tracking practices to Verizon Wireless customers. According to the FTC, such customers could not delete or turn off advertising identifiers because Turn synced multiple identifiers without reconciling user preferences or express user requests to delete … Continue Reading

Lessons from Adobe’s State AG Data Breach Settlement

Last month, several state Attorneys General announced a $1M settlement with Adobe Systems, Inc. in connection with a 2013 data incident involving the personal information of roughly 534,000 consumers. The 15 Attorneys General alleged that the software vendor failed to provide reasonable security safeguards, an allegation Adobe denied in the settlement agreement executed by the … Continue Reading

Client Advisory: The FCC’s Broadband Privacy Order

On Wednesday, November 2, 2016, the Federal Communications Commission (FCC) released the text of its long-awaited Broadband Privacy Order, which it adopted on October 27, 2016. For an overview of the Order, you may read our client advisory here. The practical impact and reach of the rules will not be known for some time, but … Continue Reading

For Better or Worse: Privacy Shield Challenges and (Actions for) Annulments

Over the course of the past two months, three privacy groups in France and one in Ireland filed separate actions for annulment with the European Court of Justice seeking the invalidation of the EU-U.S. Privacy Shield Framework. The Privacy Shield honeymoon phase appears to be over, and the first year of the transatlantic relationship may … Continue Reading

School’s in Session for the Ed Tech Industry: California AG Gives Lessons on Student Data Safeguards

On Wednesday, California’s Attorney General released a report with recommendations for the education technology (“Ed Tech”) industry, a multi-billion dollar industry that is transforming learning as we know it. The Ed Tech industry has the potential to greatly enhance the student learning experience through data management systems and tools that support educators and provide personalized … Continue Reading

FCC Votes to Impose Aggressive New Privacy Rules on Broadband Providers

At the Federal Communications Commission’s (“FCC”) Open Meeting on October 27, the Commission voted along party lines (3-2) to impose more stringent rules on broadband Internet service providers (“ISPs”). Chairman Tom Wheeler, along with Commissioners Rosenworcel and Clyburn voted in favor of the item, while Commissioners Pai and O’Rielly voted against it. The new rules … Continue Reading

FTC Releases New Data Response Breach Guide For Businesses

The Federal Trade Commission released a new guide for businesses on data breach response yesterday along with a three-minute video summary. The 14-page guide highlights the immediate steps a business should take when responding to a data breach incident. As a bonus, the guidance also offers a model breach notification letter and encourages businesses to … Continue Reading

California Helps Consumers Crowdsource Privacy Policy Violations

California Attorney General Kamala Harris announced yesterday that her office has rolled out a new online form to help consumers report companies who violate California’s Online Privacy Protection Act (CalOPPA). Under the California law, a website, app or online service must have a CalOPPA compliant privacy policy that is accessible to the consumer. Moreover, these … Continue Reading

Vermont Settles with B2B Software Developer over Security Practices

Yesterday, the Vermont Attorney General announced a settlement with business-to-business software developer Entrinsik, Inc., resolving allegations that the company’s Informer program violated Vermont law, including the law placing restrictions on the use and disposal of data containing Social Security numbers. The Informer program is used by businesses, including seven colleges in Vermont, to analyze and … Continue Reading

FCC Chairman Outlines Proposal for New Broadband Privacy Rules

On October 6, 2016, Federal Communications Commission (FCC or Commission) Chairman Tom Wheeler published a blog entry on the Commission’s website outlining proposed privacy rules for broadband Internet Service Providers (ISPs). The proposed rules are scheduled to be considered by the full Commission at its monthly meeting on October 27, 2016. These rules come after … Continue Reading

Protected: 2016 Advertising and Privacy Law Summit Attendee Follow up

There is no excerpt because this is a protected post.
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