On February 27, 2013, the European Article 29 Working Party (a group comprising representatives from all of the data protection authorities of the EU Member States, referred to in this articles as “WP29”) issued an Opinion on the privacy and data protection implications of the use of apps on mobile devices (“the Opinion”). The Opinion… Continue Reading
Category Archives: Privacy
Subscribe to Privacy RSS FeedMore Trouble With Work-Related Social Media Accounts
Posted in Litigation, PrivacyWe have written before about cases involving disputes between employers and employees over work-related social media accounts, but a new case out of Arizona federal court raises issues that appear to be unlike those we have addressed previously. In Castle Megastore Group, Inc. v. Wilson, plaintiff Castle Megastore Group (CMG), a retailer of novelty and… Continue Reading
It’s Déjà Vu All Over Again: Massachusetts Allows Actions for Violation of Privacy Rights Based on Collection of ZIP Codes
Posted in Litigation, PrivacyMassachusetts appears to have followed California’s lead in opening a litigation floodgate over ZIP code collection at the point of sale. In 2011, the California Supreme Court held in Pineda v. Williams-Sonoma Stores, Inc., 246 P.3d 612 (Cal. 2011), that a retailer illegally collects personal identification information (PII) when it requests and records ZIP codes… Continue Reading
A Fistful of Data: Facebook and Profile Technology, Inc. Showdown Over the Right to Use Outdated User Information
Posted in Litigation, PrivacyAs social media matures and users become more concerned about the privacy of the information they publish online, New Zealand-based search engine app company Profile Technology, Inc. and Facebook are engaged in a legal battle stemming from a dispute over the right to use certain user data. The story first came to light in October… Continue Reading
Dear Facebook, Could You Please Forget I Exist?
Posted in PrivacyEurope is currently undergoing a significant reform of its privacy regime. Under the current European Union (EU) Privacy Directive, individuals already have broad rights curtailing companies’ ability to process their personal data. The proposed EU Privacy Regulation seeks to broaden these rights even further. In particular, the proposed “right to be forgotten” may ultimately impose… Continue Reading
FTC Announces Important Settlement With Social Networking App and Releases New Mobile App Report
Posted in FTC, Litigation, PrivacyThe Federal Trade Commission (FTC) announced a potentially groundbreaking settlement with the social networking app Path and released an important new staff report on Mobile Privacy Disclosures late last week. The FTC’s Settlement with Path suggests a new standard may be on the near-term horizon: out-of-policy, just-in-time notice and express consent for the collection of… Continue Reading
You Can’t Make a Square Peg Fit in a Round Hole: California Supreme Court Holds Online Purchases of Electronically Downloadable Products Outside Scope of Song-Beverly Act
Posted in Litigation, PrivacyHanding a victory to online retailers, on February 4, 2013, the California Supreme Court held in a split decision that online transactions involving electronically downloadable products fall outside the scope of the Song-Beverly Credit Card Act (Apple v. Superior Court (Krescent), S199384). Despite acknowledging the unique fraud issues present in online transactions, the Court refused… Continue Reading
Watch What You Tweet: Proposed Social Media Guidance for Financial Institutions
Posted in Financial Institutions, PrivacyWith the explosive growth of social media, consumers increasingly expect to be able to interact online with the companies from which they buy goods and services. As a result, financial institutions have begun to explore the use of social media, both to strengthen relationships with existing customers and to attract new ones. Financial institutions, however,… Continue Reading
Socially Aware Looks Back: The Social Media Law Year in Review
Posted in Employment Law, Litigation, Privacy2012 was a momentous year for social media law. We’ve combed through the court decisions, the legislative initiatives, the regulatory actions and the corporate trends to identify what we believe to be the ten most significant social media law developments of the past year–here they are, in no particular order: Bland v. Roberts – A… Continue Reading
New Issue of the Socially Aware Newsletter Now Available
Posted in Employment Law, FCC, FTC, IP, Litigation, Privacy, Section 230 Safe Harbor, Statistics, Terms of Use, TrademarkIn the latest issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we look at recent First Amendment, intellectual property, labor and privacy law developments affecting corporate users of social media and the Internet. We also recap major events from 2012 that have had a substantial impact on… Continue Reading
Be Wary of Sharing: Anonymous P2P User’s Motion to Quash Subpoena Denied
Posted in Copyright, IP, Litigation, Privacy, TrademarkBitTorrent, the peer-to-peer (P2P) file-sharing system that enables the quick downloading of large files, has sparked another novel controversy stemming from copyright-infringement claims brought against its users. Users take advantage of the BitTorrent sharing system to anonymously access popular media such as books and movies. That anonymity is unlikely to last long for users who… Continue Reading
Jailbreak: U.S. Google Executives’ Italian Convictions Overturned
Posted in Litigation, PrivacyOn December 21, 2012, the third Milan appeals court acquitted three U.S.-based Google executives who had previously been convicted for breaches of Italian data protection law after Google failed to remove an abusive video from its Google Video site. The video, which showed schoolboys bullying a child with Down syndrome, remained on the Google Video… Continue Reading
FTC Issues Substantially Revised COPPA Rule, Effective July 1, 2013: Review of Changes and Compliance Tips
Posted in FTC, PrivacyOn December 19, 2012, the Federal Trade Commission (“Commission”) announced long-awaited amendments to its rule implementing the Children’s Online Privacy Protection Act (“Rule”). The changes—which take effect on July 1, 2013—are significant. They alter the scope and obligations of the Rule in a number of ways. We discuss the revisions in greater detail below. The… Continue Reading
FTC Snuffs Out Online “History Sniffing”
Posted in FTC, PrivacyThe Federal Trade Commission (FTC) has cracked down on a company that was engaged in “history sniffing,” a means of online tracking that digs up information embedded in web browsers to reveal the websites that users have visited. In a proposed settlement with Epic Marketplace, Inc. and Epic Media Group (together, “EMG”) announced on December… Continue Reading
California A.G. Makes Good on Promise to Pursue Apps That Don’t Comply With the State’s Privacy Policy Law
Posted in FTC, PrivacyOn October 30, 2012, California Attorney General Kamala Harris announced that her office would begin notifying the developers of as many as 100 mobile apps that their apps do not comply with the state’s Online Privacy Protection Act (OPPA) and that they have 30 days to bring them into compliance. The announcement does not come… Continue Reading
New California Law Limits Employer Access to Employee Social Media Accounts
Posted in Employment Law, PrivacyOn September 27, 2012, California Governor Jerry Brown signed a bill that restricts employer access to the “personal social media” of employees and applicants for employment. Assembly Bill 1844 (“AB 1844”) adds to the California Labor Code new section 980. Under this section, an employer may not “require or request” an employee or applicant to… Continue Reading
FTC Issues Guidance for Mobile App Privacy and Advertising; Signals More Enforcement Coming
Posted in FTC, PrivacyOn September 5, 2012, the Federal Trade Commission (FTC) published a brief guide to assist developers of mobile applications, both large and small, in complying with truth-in-advertising, privacy, and data security principles. In publishing this advice, the FTC makes clear that its Section 5 enforcement powers against unfair or deceptive acts or practices apply in… Continue Reading
Update: What’s Not to Like?
Posted in Employment Law, Litigation, PrivacyAs we reported earlier this year, the Federal District Court for the Eastern District of Virginia held in Bland v. Roberts that merely “liking” a Facebook page is insufficient speech to merit constitutional protection. In the case, former employees of the Hampton Sheriff’s Office brought a lawsuit against Sheriff B.J. Roberts, in his individual and official… Continue Reading
More Change Coming: The FTC Proposes Further Significant Changes to Its COPPA Rule
Posted in FTC, PrivacyThe Children’s Online Privacy Protection Act of 1998 (“COPPA”), which became effective in April 2000, has long served as the primary regulatory tool of the Federal Trade Commission (the “FTC”) to police online privacy issues concerning children under 13. The COPPA Rule (the “Rule”), promulgated by the FTC pursuant to COPPA, in general requires the… Continue Reading
We’ve Come for Your Tweets: Twitter to Appeal Denial of Its Motion to Quash District Attorney’s Subpoena
Posted in Litigation, Privacy, Terms of UseAs the Occupy Wall Street protests fade from memory, a related discovery battle between Twitter and the New York County District Attorney rages on. Earlier this year, we discussed the District Attorney’s efforts to subpoena user information and tweets of criminal defendant Malcolm Harris, an Occupy Wall Street protester charged with disorderly conduct for allegedly… Continue Reading
California Attorney General Creates Privacy Enforcement and Protection Unit; Increased Enforcement Likely
Posted in PrivacyOn July 19th, California Attorney General Kamala D. Harris announced the formation of a new Privacy Enforcement and Protection Unit within the state’s Department of Justice. The move is widely seen as a means of stepping up the state’s enforcement activities involving privacy issues. The Privacy Enforcement and Protection Unit will be organized under the… Continue Reading
Interview with Debbie Rosenbaum regarding Bland v. Roberts
Posted in Employment Law, Litigation, PrivacyAs a result of her recent Socially Aware blog post What’s Not to Like, our contributor Debbie Rosenbaum has been interviewed by LXBN TV regarding Bland v. Roberts, the recent (and controversial) federal court decision holding that “liking” a Facebook page does not constitute protected speech under the First Amendment. Click below to watch the… Continue Reading
Maryland Enacts First Law Prohibiting Employers From Requesting Passwords to Employees’ Online Personal Accounts
Posted in Employment Law, PrivacyIn our recent Socially Aware blog post, we noted that a number of pending state bills are seeking to ban employers from requesting confidential login information, including social media login information, as a condition of employment. In fact, on April 9, 2012, Maryland passed Senate Bill 433/HB 964, prohibiting employers from requesting current and prospective… Continue Reading
What’s Not to Like?
Posted in Employment Law, Litigation, PrivacyA recent district court decision highlights the growing prevalence of issues relating to new media technologies arising in the courtroom. In Bland v. Roberts, the Federal District Court for the Eastern District of Virginia held that merely “liking” a Facebook page is insufficient speech to merit constitutional protection. Five former employees of the Hampton Sheriff’s… Continue Reading