Senate Introduces The Data Care Act of 2018

On Wednesday, December 12, 2018, Senator Brian Schatz (D-HI), Ranking Member of the Communications, Technology, Innovation, and the Internet Subcommittee, introduced The Data Care Act of 2018. The bill, which is co-sponsored by 14 Senate Democrats, would establish numerous consumer … Continue reading

Posted in Data Protection, FTC, Privacy, Privacy Policy, State Privacy Laws, Uncategorized | Tagged , ,

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EU Approves New “Privacy Shield” Data Transfer Accord With U.S.

On Tuesday July 12, 2016, the European Commission formally adopted the EU – U.S. Trans-Atlantic Privacy Shield data transfer deal, commonly referred to as the “Privacy Shield”. The action followed an earlier vote by representatives of each EU member state … Continue reading

Posted in Data Protection, European Union, FTC, Government Regulations, Privacy, Privacy Policy, Privacy Shield, Safe Harbor, Uncategorized

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To Settle Privacy Law Claims, California AG Requires Firm to Hire a Chief Privacy Officer and Assess Privacy Risks

In October 2015, California Attorney General Kamela Harris announced a settlement with Bay Area housing design startup Houzz, Inc. to resolve alleged violations of California privacy laws.  According to the AG’s office, for about 6 months in 2013, Houzz allegedly … Continue reading

Posted in Government Regulations, Privacy, Privacy Policy

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Appellate Court Confirms the FTC’s Power to Regulate Cybersecurity

In a highly-anticipated decision, the U.S. Court of Appeals for the Third Circuit has ruled in FTC v. Wyndham Worldwide Corporation that the Federal Trade Commission (“FTC”) is authorized to pursue lawsuits against those who allegedly fail to provide adequate … Continue reading

Posted in Cyber Security, Data Breach, Data Protection, FTC, Government Regulations, Privacy Policy

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Privacy Policy Impacts RadioShack’s Sale of Customer Information

On April 10, 2015, RadioShack, and certain affiliated debtor entities, proposed a bankruptcy sale of certain assets, including Personally Identifiable Information (“PII”). Deposition testimony in the case revealed that, over the years, RadioShack had accumulated PII for 117 million customers!  … Continue reading

Posted in Bankruptcy, Government Regulations, Privacy, Privacy Policy

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Why You Need a Privacy Policy – Part 2: Avoiding Three Common Fumbles

In Part 1, which can be found here, we covered some basic privacy policy concepts.  Here in Part 2, we address three problems associated with privacy policies in practice. 1.    You Don’t Have One, But You Really Should  There is … Continue reading

Posted in Cyber Security, Data Protection, FCC, FTC, Government Regulations, HIPAA, Privacy, Privacy Policy

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Why You Need a Privacy Policy – Part 1

A privacy policy is a key legal document in this new era of Big/Data/Breaches.  When distilled to its essence, a privacy policy is simply “say what you do, and do what you say” with others’ personal information.  A growing number of companies have them, … Continue reading

Posted in Data Protection, Government Regulations, HIPAA, Privacy Policy

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Bankruptcy Sales of Personally Identifiable Information: Does it Satisfy the Privacy Policy?

Companies that are looking to sell, transfer or buy personally identifiable information (“PII”) via bankruptcy asset sales would be wise to confirm that such a transfer is consistent with the debtor’s privacy policy.  If it is not, the Federal Trade … Continue reading

Posted in Data Protection, FTC, Privacy, Privacy Policy

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