Tag Archives: Cookies

FTC Reaches Settlement with Myspace for Misleading Statements in Privacy Policy

On May 8, 2012, the Federal Trade Commission announced a settlement agreement with the social networking service Myspace LLC (“Myspace”). The FTC alleged that Myspace’s practice of sharing users’ personal information with unaffiliated third-party advertisers conflicted with representations the company made in its privacy policy, and could allow those advertisers to obtain users’ names, publicly available information and information about their online browsing habits.

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Article 29 Working Party Opines on Proposed EU Data Protection Law Reform Package

On March 23, 2012, the Article 29 Working Party (the “Working Party”) adopted an Opinion on the European Commission’s data protection law reform proposals, including the draft Regulation that is of particular importance for businesses. The Working Party’s Opinion serves as the national data protection authorities’ contribution to the legislative process before the European Parliament and the European Council.

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UK ICO Releases Updated Cookie Compliance Guidance

On December 13, 2011, the Information Commissioner issued updated guidance on compliance with recent changes to UK law governing the use of cookies (The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (“Regulations”)). Organizations were given a twelve-month grace period to comply with the new law. Initial guidance on the Regulations was released on May 9, 2011, but the Information Commissioner characterized that guidance as merely a “starting point for getting compliant rather than a definitive guide,” signaling that further advice would follow if appropriate. The release of the updated guidance coincides with the Information Commissioner’s interim report on organizations’ attempts to achieve compliance in which he concluded that organizations “must try harder” with their cookie compliance efforts.

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Article 29 Working Party Rejects Industry Self-Regulatory Code on Online Behavioral Advertising

On December 8, 2011, the Article 29 Working Party (the “Working Party”) adopted an Opinion on the European Advertising Standards Alliance (“EASA”) and IAB Europe best practice recommendations for the online behavioral advertising (“OBA”) industry to comply with Article 5.3 of the revised e-Privacy Directive 2002/58/EC (the “cookie clause”). The cookie clause requires a user’s informed consent for the use of cookies and similar technologies that store and access information in the user’s terminal device. Finding practical ways of complying with the cookie clause has proven challenging for the OBA industry, which relies heavily on these kinds of tracking mechanisms.

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Rockefeller to Hold Hearing on “Alarming” Online Tracking Practices

On November 17, 2011, Senator Jay Rockefeller (D-WV), Chair of the Senate Committee on Commerce, Science and Transportation, issued a statement emphasizing the need for increased consumer protection on the Internet. Rockefeller cited “disturbing” reports about Facebook’s ability to track non-members and members who have logged out of the site, stating that companies should not be tracking users without their consent.

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Article 29 Working Party Meets with Europe’s Online Advertising Industry to Discuss Self-Regulatory Framework

On September 14, 2011, the Article 29 Working Party (the “Working Party”) met with representatives of the European Advertising Standards Alliance (“EASA”) and IAB Europe, to discuss the industry’s new self-regulatory code of conduct for online behavioral advertising (the “Code”), which was released on April 14, 2011. Continue reading…

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HHS Issues New Model Privacy Notice for PHR Vendors

On September 12, 2011, the Department of Health and Human Services’ Office of the National Coordinator for Health Information Technology (“ONC”) unveiled a model privacy notice for personal health records (the “PHR Model Privacy Notice”).  The PHR Model Privacy Notice was developed by ONC in collaboration with consumers and vendors of personal health records (“PHRs”).  The PHR Model Privacy Notice is intended to enable consumers to “understand privacy and security policies and data sharing practice information, compare PHR company practices, and make informed decisions.”

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Online Tracking Practices Face Increasing Scrutiny

Over the past several weeks, online tracking practices involving the use of Flash cookies and ETags have been the subject of new research studies, class action lawsuits and significant media attention.

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France Introduces Prior Opt-in Consent for Cookies

On August 24, 2011, France’s new law concerning electronic communications (Ordonnance n° 2011-1012 du 24 août 2011 relative aux communications électroniques, or the “Ordinance”) came into force.  The Ordinance implements the provisions of the revised EU Directive 2002/58/EC (the “e-Privacy Directive”) with respect to the French Data Protection Act of 1978, the French Postal and Electronic Communications Code and the French Consumer Protection Code.  Specifically, the Ordinance amends the existing legal framework concerning cookies and introduces an opt-in regime for the use of cookies. Continue reading…

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Stanford University Study Finds Online Tracking May Continue Even After Opt Out

On July 12, 2011, Stanford Law School’s Center for Internet and Society reported the preliminary results of tests conducted with experimental software designed to detect third-party tracking.  Over the months spent developing “a platform for measuring dynamic web content,” researchers at the Stanford Security Lab analyzed tracking on the websites of Network Advertising Initiative (“NAI”) participants by observing how cookies are altered when a user opts out of behavioral tracking on the NAI website, or enables Do Not Track. Continue reading…

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