On February 20, 2014, two of our Brussels-based attorneys specializing in European privacy and data security—Cédric Burton and Chris Kuner—presented a webcast titled “Update on EU Data Protection Law,” with a particular focus on the U.S.-EU Safe Harbor Framework (Safe Harbor).1 The following article summarizes the session and includes a few key takeaways.
Continue Reading Status of the EU Regulation and the Safe Harbor Framework

Kaiser Foundation Health Plan, Inc. (Kaiser) recently agreed to settle charges brought by California Attorney General Kamala Harris alleging that Kaiser, a component of Kaiser Permanente, the largest health maintenance organization in the U.S., violated California’s unfair competition law by taking too long to notify more than 20,000 current and former employees that their personal information had been compromised.1 The case and its settlement may have significant implications for businesses that suffer data security incidents requiring notification to affected persons.
Continue Reading Kaiser Foundation Health Plan Settles California Attorney General Charges over Delayed Data Breach Notification

On October 22, 2013, the Federal Trade Commission (FTC) announced a proposed settlement of a case against Aaron’s, Inc., a national rent-to-own retailer with more than 1,800 locations in 48 states, having alleged that Aaron’s knowingly played a direct and vital role in its franchisees’ installation and use of software on rental computers that secretly monitored consumers.
Continue Reading National Rent-to-Own Company Settles FTC Charges of Enabling Computer Spying by Franchisees

In recent years, data-driven marketing has spread across numerous sectors of the economy. While the industry provides many benefits and conveniences for consumers by lowering the cost of products and services and helping businesses better capture customer preferences, privacy advocates and legislators are pushing for increased government regulation over companies known broadly as “data brokers.”
Continue Reading GAO and Senate Commerce Committee Release Studies Calling for Increased Oversight and Regulation of “Data Broker” Industry

The Federal Trade Commission (FTC) announced on December 5, 2013, that Goldenshores Technologies, LLC and its managing member, Erik M. Geidl, agreed to a proposed settlement over claims that Goldenshores, through its “Brightest Flashlight Free” mobile application, violated Section 5(a) of the FTC Act prohibiting unfair or deceptive acts and practices affecting commerce by failing to disclose that the app transmitted user data, including precise geolocation information and persistent identifiers, to third parties such as advertising networks. Under the settlement, Goldenshores must provide just-in-time disclosures outside of the privacy policy and obtain affirmative express consent from users before collecting, using, or disclosing geolocation information. The settlement agreement (referred to here as “the order”) was subject to public comment through January 6, 2014. The FTC will now decide whether to reach a final settlement with Goldenshores.
Continue Reading FTC Settlement with Flashlight App Requires Extensive Disclosures Outside of the Privacy Policy to Collect and Share Geolocation Information

California Governor Jerry Brown recently signed into law A.B. 370,1 which amends the California Online Privacy Protection Act2 (CalOPPA) to require certain operators of websites and other online services to disclose how they respond when a visitor’s web browser sends a “Do Not Track” signal. The bill also requires operators to disclose the data collection practices of certain third parties operating on the website or online service. Because this law affects every person or company that operates a website or online service that collects personally identifiable information from California consumers, it impacts companies beyond California’s borders. The law takes effect on January 1, 2014.
Continue Reading California Amends CalOPPA to Require Do-No-Track Disclosures