Monthly Archives: June 2011

Key Highlights from Rockefeller’s Hearing on Privacy and Data Security

Posted on June 30, 2011 by Hunton & Williams LLP

On June 29, 2011, the Senate Committee on Commerce, Science and Transportation convened a hearing entitled “Privacy and Data Security: Protecting Consumers in the Online World.”  In opening remarks, Committee Chair Senator Jay Rockefeller (D-WV) highlighted that the hearing would consider both privacy and data security and discussed three bills focused on these issues.  First, Senator Rockefeller noted S. 917, the Do-Not-Track Online Act of 2011, a bill he introduced that would allow consumers to tell online companies that they do not want their personal information collected and require companies to honor those requests.  Second, the Senator referenced S. 799, the Commercial Privacy Bill of Rights Act of 2011, legislation introduced by Senators John Kerry (D-MA) and John McCain (R-AZ) that would comprehensively address privacy protection.  Finally, Senator Rockefeller spoke about S. 1207, the Data Security and Breach Notification Act of 2011, which he and Senator Mark Pryor (D-AR) reintroduced.  That bill would impose an obligation on companies to adopt basic security measures to protect sensitive consumer data and require companies to notify affected consumers in the event of a breach.  Senator Rockefeller emphasized several times his committee’s jurisdiction over privacy and data security issues. Continue reading…

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Council of Europe Considers Amendments to Convention 108

Posted on June 30, 2011 by Hunton & Williams LLP

On June 28-30, 2011, the Council of Europe’s Bureau of the Consultative Committee of the Convention for the Protection of Individuals with regard to the Automatic Processing of Personal Data (known as the “T-PD-Bureau”) met in Strasbourg, France, to discuss, among other things, amending the Council of Europe’s Convention 108.  Convention 108, which underlies the European Union’s legal framework for data protection, is the only legally-binding international convention that addresses data protection.  Amendment of the Convention is thus closely linked to the current review of the EU data protection framework, and many of the same actors are involved in both exercises.

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FCC-FTC Forum Highlights the Benefits and Risks of Advances in Location-Based Services

Posted on June 30, 2011 by Hunton & Williams LLP

On June 28, 2011, the Federal Communications Commission and the Federal Trade Commission convened a public education forum entitled “Helping Consumers Harness the Potential of Location-Based Services.”  Representatives of telecommunications carriers, technology companies and consumer advocacy organizations discussed technological developments and how best to realize the benefits of location-based services without compromising privacy.

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Commerce Department Shares Guidance on Mexico’s New Data Protection Law

Posted on June 24, 2011 by Hunton & Williams LLP

On June 24, 2011, the U.S. Department of Commerce’s International Trade Administration released a PowerPoint presentation on Mexico’s new private sector data protection law that was shared at a meeting of the OECD Working Party on Information Security and Privacy by Mexico’s Ministry of Economy and Federal Institute for Access to Information and Data Protection (“IFAI”).  The presentation provides guidance on the creation of privacy notices and establishment of self-regulatory schemes, and also outlines the responsibilities of the Ministry of Economy and the IFAI with respect to implementation of the law.  As we previously reported, the requirements concerning self-regulation and providing privacy notices to consumers go into effect this July, with the balance of the law, granting individual participation rights to consumers, effective in January 2012.

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Use of Facial Recognition Technology Raises Privacy Concerns

Posted on June 24, 2011 by Hunton & Williams LLP

Recent developments involving the use of facial recognition technology have raised privacy concerns in the United States, Europe and Canada.  As we reported earlier this month, the Electronic Privacy Information Center (“EPIC”) and several other consumer privacy advocacy groups filed a complaint with the Federal Trade Commission against Facebook for its use of facial recognition technology.  According to EPIC’s complaint, Facebook’s Tag Suggestions feature recognizes individuals’ faces based on photographs already on Facebook, then suggests that users “confirm Facebook’s identification of facial images in user photos” when they upload new photos to their Facebook profiles. Continue reading…

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Supreme Court Strikes Down Vermont Prescriber Privacy Law

Posted on June 23, 2011 by Hunton & Williams LLP

On June 23, 2011, in a 6-3 decision, the United States Supreme Court ruled in IMS Health Inc. v. Sorrell that a Vermont law prohibiting the sale of prescriber-identifiable data to drug companies was an unconstitutional violation of the First Amendment right to free speech.  Thomas Julin, a partner at Hunton & Williams LLP, represented IMS Health in this case.  The Supreme Court’s ruling affirmed the holding of the U.S. Court of Appeals for the Second Circuit, resolving a split with the First Circuit (which upheld a similar law in New Hampshire), and likely preventing the enactment of similar restrictive laws across the country.

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EU Commissioner Reding Signals Intention to Introduce Mandatory Data Breach Notification

Posted on June 21, 2011 by Hunton & Williams LLP

Speaking at the British Bankers’ Association’s Data Protection and Privacy Conference in London on June 20, 2011, Viviane Reding, Vice President of the European Commission and Commissioner for Justice, Fundamental Rights and Citizenship, signaled her intention to streamline data protection to “simplify the regulatory environment” and “substantially reduce the administrative burden” for businesses.  In return, Reding expects businesses to ensure “safe and transparent digital products and services.”

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Malaysia to Establish New Government Department for Personal Data Protection

Posted on June 21, 2011 by Hunton & Williams LLP

On June 20, 2011, Malaysia’s Bernama News Agency reported that the Malaysian Ministry of Information, Communication and Culture will establish a government department to facilitate the implementation of Malaysia’s new Personal Data Protection Act.  Malaysia passed the Personal Data Protection Act in 2010, but the law has yet to go into effect.  According to the report, enforcement of the Act is scheduled for early next year.

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PCI Data Security Standards Council Provides Cloud Compliance Guidelines

Posted on June 21, 2011 by Hunton & Williams LLP

On June 14, 2011, the PCI Security Standards Council’s Virtualization Special Interest Group published its “Information Supplement: PCI DSS Virtualization Guidelines”(the “Guidelines”) to Version 2.0 of the PCI Data Security Standard (“PCI DSS”).  The Guidelines provide context for the application of the PCI DSS to cloud and other virtual environments, and offer at least three critical reminders:

  • the PCI DSS applies to cloud environments without exception; 
  • critical analysis of the application of the PCI DSS to rapidly evolving cloud offerings is essential to compliance; and
  • cloud providers must be prepared to document and contract for necessary controls.

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Update: NLRB Continues to Closely Probe Employer Terminations Following Employee Complaints on Social Media

Posted on June 20, 2011 by Hunton & Williams LLP

As reported in Hunton & Williams’ Employment & Labor Perspectives blog, two unfair labor practice complaints recently issued by National Labor Relations Board regional offices in Buffalo and Chicago illustrate how closely the NLRB is scrutinizing employers’ termination decisions that are allegedly related to statements employees made on social media.  Read the full entry.

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