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Tag Archives: Data Security

Dear Facebook, Could You Please Forget I Exist?

By John Delaney, Madhavi Tandon Batliboi and Alex van der Wolk on Posted in Privacy

Europe 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 Snuffs Out Online “History Sniffing”

By Julie O'Neill and Adam Fleisher on Posted in FTC, Privacy

The 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

FTC’s Privacy Report Suggests Tightening of Privacy Regime, Provides Guidance to Business

By Julie O'Neill, Reed Freeman and Nicholas Datlowe on Posted in FTC, Privacy

On March 26, 2012, the Federal Trade Commission (the “Commission” or “FTC”) released its much-anticipated final privacy report, Protecting Consumer Privacy in an Era of Rapid Change.  The report builds upon the Commission’s December 2010 preliminary report, and provides recommendations for businesses and policymakers with respect to online and offline privacy practices.  The report will… Continue Reading

Privacy Bill of Rights Introduced in Congress

By Julie O'Neill and Madhavi Tandon Batliboi on Posted in Privacy

Earlier this year, U.S. Senators John Kerry (D-Mass.) and John McCain (R-Ariz.) introduced S. 799, the “Commercial Privacy Bill of Rights Act of 2011,” which would establish, for the first time in the United States, a comprehensive framework for the collection, use, storage, and transfer of covered information.  If passed as currently drafted, the bill would… Continue Reading

Google’s Mobile Device Tracking Raises Privacy Concerns

By Brendan Ford Mulligan on Posted in Privacy

Google’s recent announcement that it is preparing to offer behaviorally targeted ads for mobile devices has led to concerns regarding the tracking required to implement such functionality.  Online behavioral advertising has typically been implemented using cookies placed through a user’s web browser when the user visits a website.  Mobile devices, however, often access the Internet… Continue Reading

Do Consumers Have Property Rights in Their Personal Information Collected by Website Operators?

By Daniel A. Zlatnik on Posted in Privacy

When consumers sue online service providers for data breaches involving such consumers’ personally identifiable information (“PII”), courts routinely dismiss such suits based on the failure to allege an “injury in fact” as required to establish constitutional standing — see, for example, the decisions in Bell v. Acxiom Corporation and Amburgy v. Express Scripts, Inc.  In… Continue Reading