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China Proposes Amendments to Consumer Protection Law

Posted on May 16, 2013 by Hunton & Williams LLP

In April 2013, the People’s Republic of China’s General Office of the National People’s Congress published a draft amendment to the Law on the Protection of Consumer Rights and Interests (the “ Proposed Amendment”) and solicited public comments on the Proposed Amendment until May 31, 2013. The Proposed Amendment includes provisions that affect the collection and use of consumer personal information.

Tags: China, Consumer Protection, Information Security, International, Service Provider

Obama Administration Considering Electronic Surveillance Proposal to Address “Going Dark” Problem

Posted on May 14, 2013 by Hunton & Williams LLP

The Obama Administration is in the process of finalizing its review of a statutory electronic surveillance proposal initially developed by the FBI, and is expected to support the introduction of a modified version as legislation. The proposal addresses concerns raised by law enforcement and national security agencies regarding the widening gap between their legal authority to intercept real-time electronic communications pursuant to a court order, and the practical difficulties associated with actually intercepting those communications. According to the government, this gap increasingly prevents the agencies from collecting Internet-based phone calls, emails, chats, text messages and other communications of terrorists, spies, organized crime groups, child pornography distributors and other dangerous actors. The FBI refers to this as the “going dark” problem.

Tags: Congress, Cybersecurity, Federal Communications Commission, Foreign Intelligence Surveillance Act, Information Security, Obama, Online Privacy, Paul Tiao, Telecommunications, Wiretap

FTC Sends Warning Letters to Data Brokers Regarding FCRA Violations

Posted on May 9, 2013 by Hunton & Williams LLP

On May 7, 2013, the Federal Trade Commission announced that it issued letters to ten data broker companies warning that their practices could violate prohibitions against selling consumer information under the Fair Credit Reporting Act (“FCRA”). The FTC identified the ten data broker companies after a test-shopping operation that indicated these companies were willing to sell consumer information without adhering to FCRA requirements.

Tags: Consumer Protection, Credit Report, Cross-Border Data Flow, Data Protection Authority, FCRA, Federal Trade Commission, Financial Privacy, Information Security, Online Privacy

OpUSA: Criminal Hackers Planning Cyber Attacks Against Bank Websites

Posted on May 7, 2013 by Hunton & Williams LLP

On May 7, 2013, the hacker group Anonymous announced that it, in concert with Middle East- and North Africa-based criminal hackers and cyber actors, will conduct a coordinated online attack labeled “OpUSA” against banking and government websites today. Anonymous stated that OpUSA will be a distributed denial of service (“DDoS”) in which websites may be defaced and legitimate users may be unable to access websites.

Tags: Consumer Protection, Cybersecurity, Financial Privacy, Information Security, Online Privacy

Chinese Ministry Issues New Rule Restricting Pre-Installation of Software by Manufacturers of Mobile Devices

Posted on May 7, 2013 by Hunton & Williams LLP

In April 2013, the Ministry of Industry and Information Technology of the People’s Republic of China (the “MIIT”) issued a new rule entitled the “Notice on Strengthening the Administration of Networked Smart Mobile Devices” (the “Notice”). This Notice, which will become effective on November 1, 2013, was issued in draft form in June 2012 along with a request for public comment.

Tags: China, Information Security, International, Mobile Device, Online Privacy, Service Provider

Chinese Ministry of Industry and Information Technology Enacts Draft Rules on Personal Information

Posted on April 24, 2013 by Hunton & Williams LLP

On April 10, 2013, the Ministry of Industry and Information Technology of the People’s Republic of China (the “MIIT”) enacted two draft rules (“Provisions on the Protection of Personal Information of Telecommunications and Internet Users” and “Provisions on the Registration of Real Identity Information of Telephone Users”) to solicit public comments. The comment period is open until May 15, 2013. Both Drafts include proposals for substantial provisions on the protection of personal information and were enacted according to the Resolution of the Standing Committee of the National People’s Congress Relating to Strengthening the Protection of Information on the Internet (issued by the Standing Committee in December 2012) and some other telecommunications rules.

Tags: China, Criminal Law, Enforcement, Information Security, International, Marketing, Online Privacy, Penalty, Personally Identifiable Information, Security Breach, Telecommunications

FTC Seeks Input on The Internet of Things

Posted on April 19, 2013 by Hunton & Williams LLP

On April 17, 2013, the Federal Trade Commission issued a press release seeking public input on “The Internet of Things” – the ability of numerous “everyday devices to communicate with each other and with people.” The FTC will accept comments through June 1, 2013, in advance of a public workshop to be held in Washington, D.C. on November 21, 2013.

Tags: Centre for Information Policy Leadership, Consumer Protection, Cybersecurity, Federal Trade Commission, Health Privacy, Information Security, Internet, Mobile Device, Online Privacy

Obama Administration Threatens to Veto CISPA

Posted on April 17, 2013 by Hunton & Williams LLP

On April 16, 2013, the Office of the President issued a Statement of Administration Policy that includes a threat to veto the U.S. House of Representatives’ Cyber Intelligence Sharing and Protection Act (“CISPA” or H.R. 624) if further changes are not made to the bill’s privacy protections. Specifically, the Obama Administration recommends that the bill require private entities to remove personal information when sharing cybersecurity information with the government or other private entities.

Tags: CISPA, Congress, Cybersecurity, Information Security, Legislation, Obama, U.S. Federal Law

FTC Sends FCRA Warning Letters to Tenant Rental History Websites

Posted on April 4, 2013 by Hunton & Williams LLP

On April 3, 2013, the Federal Trade Commission issued a press release announcing that it had sent warning letters to operators of six websites that provide rental history reports to landlords for tenant screening purposes. The letters informed the website operators that they may be considered consumer reporting agencies (“CRAs”) subject to the requirements of the Fair Credit Reporting Act (“FCRA”).

Tags: Consumer Protection, Credit Report, Enforcement, FCRA, Federal Trade Commission, Information Security, Online Privacy

Privacy and Information Security Law Blog - Global privacy and information security law updates and analysis

China Proposes Amendments to Consumer Protection Law

Obama Administration Considering Electronic Surveillance Proposal to Address “Going Dark” Problem

FTC Sends Warning Letters to Data Brokers Regarding FCRA Violations

OpUSA: Criminal Hackers Planning Cyber Attacks Against Bank Websites

Chinese Ministry Issues New Rule Restricting Pre-Installation of Software by Manufacturers of Mobile Devices

Chinese Ministry of Industry and Information Technology Enacts Draft Rules on Personal Information

FTC Seeks Input on The Internet of Things

Obama Administration Threatens to Veto CISPA

FTC Sends FCRA Warning Letters to Tenant Rental History Websites

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