Author Archives: Hunton & Williams LLP

Senators Introduce Cybersecurity Act of 2012

Posted on February 22, 2012 by Hunton & Williams LLP

On February 14, 2012, a joint U.S. congressional committee, including Senators Joseph Lieberman (I-CT), Susan Collins (R-ME), Jay Rockefeller (D-WV) and Dianne Feinstein (D-CA), introduced the Cybersecurity Act of 2012 (the “Act”). Although the legislation appears to have strong bipartisan support, during a February 15 hearing before the Homeland Security and Governmental Affairs Committee, Senator John McCain (R-AZ) indicated that he and six Republican colleagues would propose their own cybersecurity legislation in March.

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FTC Issues “Warning Call” to Developers of Apps for Kids

Posted on February 21, 2012 by Hunton & Williams LLP

In its new report, Mobile Apps for Kids: Current Privacy Disclosures are Disappointing, the Federal Trade Commission issues a “warning call to industry that it must do more to provide parents with easily accessible, basic information about the mobile apps that their children use.” The report indicates:

“Parents should be able to learn what information an app collects, how the information will be used, and with whom the information will be shared. App developers also should alert parents if the app connects with any social media, or allows targeted advertising to occur through the app. Third parties that collect user information through apps also should disclose their privacy practices, whether through a link on the app promotion page, the developers’ disclosures, or another easily accessible method.”

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European Court of Justice Sets Criteria for Balancing Privacy Rights and Copyrights in the Social Networking Context

Posted on February 17, 2012 by Hunton & Williams LLP

On February 16, 2012, the European Court of Justice held in the SABAM vs. Netlog case (C-360/10) that imposing an obligation on social networks to install a “general filtering system” to prevent all users from sharing copyrighted music is disproportionate to the extent that such filters may infringe on user privacy rights or block lawful communications. SABAM, a Belgian copyright association, had filed an injunction against social network provider Netlog that would have required Netlog to install filtering systems to prevent copyright infringements by Netlog users. The Belgian court deciding on the injunction requested a preliminary ruling from the ECJ.

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Hong Kong Privacy Commissioner Offers Guidance for Complying with Data Privacy Ordinance

Posted on February 16, 2012 by Hunton & Williams LLP

Since October 2011, the Hong Kong Office of the Privacy Commissioner for Personal Data has published three “Guidance Notes” to help data users comply with the Personal Data (Privacy) Ordinance (the “Ordinance”). These Notes are not legally binding, nor are they intended to serve as an exhaustive guide to the application of the Ordinance, but they provide good, practical examples and tips that the Commissioner has developed as it has implemented the Ordinance.

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Article 29 Working Party Issues Guidance on European Patients Smart Open Services

Posted on February 14, 2012 by Hunton & Williams LLP

On January 25, 2012, the Article 29 Working Party (the “Working Party”) issued a Working Document providing guidance on data protection issues relating to the European Patients Smart Open Services (“epSOS”) project. epSOS is a pilot project focused on developing an information and communications technology infrastructure that enables access to patient health information (i.e., Patient Summaries) among different EU Member States for the purpose of providing medical treatment. The project also aims to facilitate the cross-border use of electronic prescriptions (i.e., ePrescriptions). epSOS involves the collaboration of a significant number of health care provider organizations and companies that contribute their knowledge and expertise to the project.

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Bill to Amend Hong Kong Privacy Ordinance Still Under Discussion

Posted on February 9, 2012 by Hunton & Williams LLP

On July 13, 2011, Hong Kong’s Personal Data (Privacy) (Amendment) Bill 2011 (the “Bill”), was introduced in the Legislative Council. Although the Bill has not yet been subject to an official vote, there have been several noteworthy developments.

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UK Ministry of Justice Opens Call for Evidence on European Commission’s Proposed Regulation and Directive

Posted on February 7, 2012 by Hunton & Williams LLP

On February 7, 2012, the UK Ministry of Justice launched its Call for Evidence on the European Commission’s proposed general data protection regulation and criminal justice data protection directive (the “Proposals”). The Ministry is looking to gain perspective and solicit feedback on how the Proposals likely would impact organizations and individuals in the UK.

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UK ICO Issues Revised Guidance on Fines

Posted on February 7, 2012 by Hunton & Williams LLP

Monetary penalties are one mechanism in a suite of tools that the UK Information Commissioner’s Office (“ICO”) uses to encourage compliance with data protection regulations. The ICO generally uses monetary penalties to sanction deliberate or negligent breaches of the law, but the purpose is not to impose financial hardship but rather to “act as an encouragement towards compliance, or at least as a deterrent against non-compliance.” The following is a brief overview of the ICO’s authority to issue monetary penalties. Continue reading…

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FTC Warns Marketers of Mobile Apps About Potential FCRA Violations

Posted on February 6, 2012 by Hunton & Williams LLP

On February 6, 2012, the Federal Trade Commission warned six marketers of background screening mobile applications that they may be violating the Fair Credit Reporting Act (“FCRA”). In a sample letter posted on the FTC website, the FTC indicates that at least one of the recipient marketer’s mobile apps involves background screening reports that include criminal history checks. Pursuant to the FCRA, this could make the marketers of the mobile apps “consumer reporting agencies” if they are “providing information to employers regarding current or prospective employees’ criminal histories [that] involves the individuals’ character, general reputation, or personal characteristics.”

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Hunton & Williams Partner Publishes Comprehensive Analysis of EU Data Protection Regulation Reform Proposal

Posted on February 6, 2012 by Hunton & Williams LLP

Christopher Kuner, partner in the Brussels office of Hunton & Williams, has published an article providing an exhaustive analysis of the European Commission’s proposed Data Protection Regulation reform package, which was released on January 25, 2012. The article, which appears in the February 6 issue of the BNA Privacy Law Watch, discusses the background and genesis of the proposal, analyzes the provisions of greatest interest to the private sector, and draws conclusions about the proposed reform package’s impact and future as it enters the EU legislative process.

Read the full text of Kuner’s article, The European Commission’s Proposed Data Protection Regulation: A Copernican Revolution in European Data Protection Law.

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