Enforcement | Privacy and Information Security Law Blog

German Federal Constitutional Court Restricts Access to User Data for Law Enforcement Purposes

Posted on March 1, 2012 by Hunton & Williams LLP

On February 24, 2012, the German Federal Constitutional Court (Bundesverfassungsgericht) ruled that certain provisions in the Federal Telecommunications Act concerning the disclosure of telecom user data to law enforcement agencies violate the German constitution. The Court held that strict conditions apply when law enforcement authorities and intelligence agencies ask telecommunications service providers (which may include hospitals and hotels) to turn over certain user data, i.e. passwords and PIN codes.

Tags: Germany, IP Address, Telecommunications

White House Announces Its Highly Anticipated Consumer Privacy Bill of Rights

Posted on February 23, 2012 by Hunton & Williams LLP

The White House today released its long-awaited report outlining a framework for U.S. data protection and privacy policy. As expected, “Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Global Innovation in the Global Digital Economy” articulates a Consumer Privacy Bill of Rights based on the individual’s right to exercise control over what personal data companies collect from the individual and how companies use the data. The Consumer Privacy Bill of Rights, which reflects principles of fair information practices and applies to personal data, sets forth individual rights for consumers and corresponding obligations of companies in connection with personal data. It also provides for the consumer’s right to:

transparent privacy and data security practices;
expect that companies will collect, use and disclose data in a manner consistent with the context in which it was collected;
have their data handled in a secure manner;
access and correct personal data;
set reasonable limits on the personal data that companies collect and retain; and
have personal data handled by companies with appropriate measures in place to assure they adhere to the Consumer Privacy Bill of Rights.

Tags: Accountability, Congress, Consumer Protection, Department of Commerce, Fair Information Practice Principles, Federal Trade Commission, Legislation, Obama, State Attorneys General

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…

Tags: Data Controller, Information Commissioners Office, Penalty, United Kingdom

Connecticut AG Announces Agreement with MetLife over 2009 Breach Incident

Posted on January 27, 2012 by Hunton & Williams LLP

On January 24, 2011, Connecticut Attorney General George Jepsen and Consumer Protection Commissioner William Rubenstein announced that they had reached an Assurance of Voluntary Compliance (“AVC”) with Metropolitan Life Insurance Co. (“MetLife”) in connection with an incident involving the disclosure of customer personal information on the Internet. In November 2009, a MetLife employee posted the personally identifiable information of current and former MetLife customers, including their Social Security numbers, on the Internet. Following the discovery of the posting, MetLife acted to mitigate possible harm by providing credit monitoring and identity theft insurance to the affected customers.

Tags: Connecticut, Consumer Protection, Credit Monitoring, Personally Identifiable Information, Social Security Number, State Attorneys General

Hunton Hosts Webinar on Current Trends in Global Privacy Enforcement

Posted on January 27, 2012 by Hunton & Williams LLP

On January 12, 2012, Hunton & Williams hosted an hour-long webinar on the current enforcement environment in the U.S. and EU. The webinar, Current Trends in Global Privacy Enforcement, covered issues ranging from the Federal Trade Commission’s tougher approach to investigations to increased monitoring of corporate privacy practices by European data protection authorities. Hunton & Williams speakers included Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice, London partner Bridget Treacy, London senior attorney Rosemary Jay and Brussels associate Dr. Jörg Hladjk.

Listen to the webinar now.

Tags: Bridget Treacy, Data Protection Authority, Federal Trade Commission, Germany, Jörg Hladjk, Lisa Sotto, Rosemary Jay, State Attorneys General, United Kingdom

UK ICO Outlines the Year Ahead

Posted on January 26, 2012 by Hunton & Williams LLP

On December 28, 2011, UK Information Commissioner Christopher Graham outlined the ICO’s agenda for 2012 in a post on the ICO blog, highlighting the European Commission’s proposals for reviewing the EU data protection framework, the post-legislative scrutiny process with respect to the UK Freedom of Information Act (“FOIA”) and the ICO’s Information Rights Strategy. The Commissioner cautioned against allowing data protection compliance to fall by the wayside in the current, tough economic climate, especially given the inevitable reputational damage caused by big data breaches and the ICO’s power to impose fines.

Tags: Christopher Graham, EU Data Protection Directive, Freedom of Information Act, Information Commissioners Office, Ireland, United Kingdom

Concerns over Independence of Hungary’s DPA Prompt Infringement Proceedings

Posted on January 24, 2012 by Hunton & Williams LLP

On January 17, 2012, the European Commission initiated expedited infringement proceedings against Hungary over recent changes to its Constitution which are considered incompatible with EU law. The proceedings follow a number of changes made to the Hungarian Constitution that came into effect on January 1, 2012. Of particular concern to the Commission are amendments affecting the independence of the national data protection authority. The Hungarian government has one month to comply, or face enforcement proceedings in the European Court of Justice.

Tags: Data Protection Authority, EU Data Protection Directive, European Commission, Hungary, Legislation, Penalty

FTC Settles with Alleged Stealth Behavioral Advertising Targeter

Posted on January 9, 2012 by Hunton & Williams LLP

On January 5, 2012, the Federal Trade Commission announced a proposed settlement with Upromise, Inc., a membership reward service that gives cash rebates for college savings accounts to members who purchase products and services from its partner merchants. The FTC alleged that the “Personalized Offers” feature on the Upromise TurboSaver Toolbar (1) collected far more information about users’ browsing behavior than was disclosed at the time of installation, and (2) contrary to representations in the company’s privacy notice, transmitted that information, which included data such as Social Security numbers and financial account numbers, in clear text.

Tags: Advertisement, Consent Order, Consumer Protection, Federal Trade Commission, Personally Identifiable Information, Social Security Number

Facebook Settles FTC Charges

Posted on November 29, 2011 by Hunton & Williams LLP

On November 29, 2011, the Federal Trade Commission announced that Facebook has settled charges that it deceived consumers by making false privacy promises. The settlement requires Facebook to (1) not misrepresent how it maintains the privacy or security of users’ personal information (2) obtain users’ “affirmative express consent” before sharing their information with any third party that “materially exceeds the restrictions imposed by a user’s privacy setting(s),” (3) implement procedures to prevent a third party from accessing users’ information no later than 30 days after the user has deleted such information or terminated his or her account, (4) establish, implement and maintain a comprehensive privacy program, and (5) obtain initial and biennial assessments and reports regarding its privacy practices for the next 20 years.

Tags: Consent Order, Consumer Protection, Electronic Privacy Information Center, Facebook, Federal Trade Commission, Jay Rockefeller, Jon Leibowitz, Social Media

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

German Federal Constitutional Court Restricts Access to User Data for Law Enforcement Purposes

White House Announces Its Highly Anticipated Consumer Privacy Bill of Rights

UK ICO Issues Revised Guidance on Fines

Hunton Hosts Webinar on Current Trends in Global Privacy Enforcement

UK ICO Outlines the Year Ahead

Concerns over Independence of Hungary’s DPA Prompt Infringement Proceedings

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