Tag Archives: Richard Blumenthal

OnStar Announces Reversal of Controversial Vehicle Data Collection Proposals

On September 27, 2011, OnStar announced it was reversing proposed changes to its Terms and Conditions that would have allowed the company to continue to receive data from former subscribers’ vehicles unless they specifically opted out.  OnStar’s current Privacy Statement indicates that the GM subsidiary collects information regarding its customers’ vehicle operation, location, approximate speed, collision data and safety belt usage in connection with OnStar’s in-vehicle GPS navigation and emergency response services, and that the company “may share or sell” any of this data in anonymized form with third parties.  OnStar recently notified customers by email that it would continue to collect data from former subscribers, and that it reserved the right to distribute such data to third parties.  The announcement prompted a swift and strong reaction from members of Congress skeptical of the proposed policy changes.

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Tags: Al Franken, Consumer Protection, General, Geolocation, Legislation, Marketing, Richard Blumenthal

Data Breach Bills Clear Senate Judiciary Committee

On September 22, 2011, the Senate Judiciary Committee approved three separate bills that would establish a national data breach notification standard.  Because the bills were approved on a party-line vote, and several other data breach bills currently are under consideration by other Senate committees, the prospects for these three bills in the full Senate are uncertain.

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Tags: Computer Fraud and Abuse Act, Congress, Federal Trade Commission, Legislation, Online Privacy, Patrick Leahy, Richard Blumenthal, Security Breach, Senate, U.S. Federal Law

Senators Franken and Blumenthal Co-Sponsor Location Privacy Protection Act

On June 15, 2011, Senator Al Franken (D-MN) and Senator Richard Blumenthal (D-CT) introduced the Location Privacy Protection Act of 2011 (the “Act”).  As we reported previously, Senator Franken is chairman of the newly-created Senate subcommittee on Privacy, Technology and the Law.   In his press release, Senator Franken explained that the Act is designed to “close current loopholes in federal law” while giving customers the ability to learn about and prevent the collection of their location information.  The Act would apply only to non-government entities and would not impact law-enforcement activities.  At a May 10, 2011 hearing, both Google and Apple were questioned about their privacy practices, and Franken subsequently challenged them to require their application developers to adopt clear and understandable privacy policies.

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Tags: Al Franken, Apple Inc., Class Action, Consumer Protection, Electronic Communications Privacy Act, Enforcement, Google, Legislation, Litigation, Privacy Policy, Richard Blumenthal, U.S. Federal Law, Video Privacy Protection Act

Gaming Security Breach: “Only on PlayStation?”

On April 26, 2011, Sony Computer Entertainment America (“Sony”) disclosed an information security breach that may affect up to 77 million consumers.  On Sony’s PlayStation blog, Patrick Seybold, Senior Director of Corporate Communications and Social Media, wrote that an unauthorized person intruded into Sony’s PlayStation Network and Qriocity streaming music and video service between April 17 and April 19, 2011, and may have obtained users’ names, addresses, email address, birthdates, passwords and logins.  Mr. Seybold wrote that “out of an abundance of caution” Sony was advising its users that their credit card information also may have been obtained.  The blog post also noted that Sony is taking steps to address the breach, which include (1) turning off PlayStation Network and Qriocity services, (2) engaging an external security firm to investigate the incident, and (3) enhancing information security and strengthening its network infrastructure.  Sony further advised users to “review your account statements and to monitor your credit reports,” and provided the contact information for the three major credit bureaus in the United States.

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Tags: California, Class Action, Consumer Protection, Information Security, Richard Blumenthal, Security Breach, Sony

Connecticut Reaches Agreement with Google in Street View Investigation

Connecticut’s newly-elected Attorney General George Jepsen recently announced an agreement with Google, Inc. concerning the company’s refusal to comply with a Civil Investigative Demand brought by his predecessor, freshman Senator Richard Blumenthal (D-CT).  According to a January 28, 2011 press release, to facilitate settlement discussions with the Connecticut-led, 40-state coalition, Google will stipulate that “payload data” compiled in 2008 and 2009 “contained URLs of requested Web pages, partial or complete e-mail communications or other information, including confidential and private information” transmitted by individuals across unsecured wireless networks. Continue reading…

Tags: Connecticut, Consumer Protection, Enforcement, Google, Online Privacy, Richard Blumenthal, U.S. State Law, Wireless Network

Key Voice on Privacy Issues Loses Congressional Reelection Bid While Another Joins the Senate

Representative Rick Boucher (D-VA), current head of the House Subcommittee on Communications, Technology and the Internet, lost his reelection bid yesterday to Republican Morgan Griffith, the Majority Leader of the Virginia House of Delegates.  Representative Boucher, widely recognized and respected for his legislative efforts in the areas of technology, telecommunications and privacy law, co-authored the CAN-SPAM Act and also introduced draft privacy legislation earlier this year.  Congressman Boucher’s defeat leaves the House Subcommittee on Communications, Technology and the Internet panel without its top Democrat, and it is unclear who will fill that leadership vacancy. Continue reading…

Tags: Behavioral Advertising, Bobby Rush, Cliff Stearns, Congress, Connecticut, Enforcement, Federal Trade Commission, HITECH Act, Legislation, Marketing, Online Privacy, Richard Blumenthal, Rick Boucher, Senate, State Attorneys General, U.S. Federal Law, Virginia

Coalition of States Demands Answers About Google Street View

On July 21, 2010, a coalition of 38 states sent a letter to Google demanding more information about the company’s collection of data from unsecured wireless networks by its Google Street View vehicles.  The letter was sent by Connecticut Attorney General Richard Blumenthal on behalf of the executive committee of a multistate working group investigating Google Street View practices.  As we reported on June 22, Blumenthal has spearheaded the nationwide investigation into Google Street View.  Among other things, the letter asks Google to identify who was responsible for the software code that allowed the Street View cars to collect data broadcast over Wi-Fi networks, and for a list of states where unauthorized data collection occurred.  The letter also asks Google for details regarding whether any of the data was disclosed to third parties or used for marketing purposes.

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Tags: Connecticut, Enforcement, Google, Information Security, Online Privacy, Richard Blumenthal, State Attorneys General, U.S. State Law, Wireless Network

Connecticut Attorney General to Lead Multistate Investigation into Google

Connecticut Attorney General Richard Blumenthal recently announced that his office will lead a multistate investigation into the “deeply disturbing” unauthorized collection of personal data from wireless computer networks by Google’s Street View cars.  Attorney General Blumenthal noted that Google “must provide a complete and comprehensive explanation of how this unauthorized data collection happened, why the information was kept if collection was inadvertent and what action will prevent a recurrence.”  A significant number of states are expected to participate in the investigation. 

Blumenthal’s press release is available on the Connecticut Attorney General’s website.

Tags: Connecticut, Enforcement, Google, Online Privacy, Richard Blumenthal, State Attorneys General, U.S. State Law

Attorney General Launches New HIPAA Investigation

The Attorney General of Connecticut, Richard Blumenthal, is investigating an alleged breach of medical records at Griffin Hospital in Derby, Connecticut.  The hospital believes that a formerly affiliated radiologist gained unauthorized access to its digital Picture Archiving and Communications System (“PACS”), which stores patient information, including names, exam descriptions and medical record numbers.  In February, the hospital began receiving inquiries from patients who had been contacted by the radiologist to promote professional services offered at another medical facility.  In response to patient inquiries, the hospital conducted an internal investigation that revealed several instances of unauthorized access to the PACS system.  The hospital subsequently notified Attorney General Blumenthal.

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Tags: Connecticut, Encryption, Enforcement, Health Privacy, HIPAA, HITECH Act, Richard Blumenthal, Security Breach, State Attorneys General, U.S. State Law

Connecticut AG Files First HITECH Act Suit

In a lawsuit he described as “[s]adly . . . historic,” Connecticut Attorney General Richard Blumenthal sued Health Net of Connecticut, Inc. for allegedly failing to secure private patient medical records and financial information involving hundreds of thousands of Connecticut enrollees and promptly notify consumers endangered by the security breach.  The case marks the first action by a state attorney general under the Health Information Technology for Economic and Clinical Health (“HITECH”) Act to enforce provisions of the Health Insurance Portability and Accountability Act (“HIPAA”).  The suit also alleges a violation of Connecticut’s breach notification statute.

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Tags: Connecticut, Encryption, Enforcement, Health Privacy, HIPAA, HITECH Act, Richard Blumenthal, Security Breach, State Attorneys General, U.S. State Law