Tag Archives: Safe Harbor

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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Tags: Anonymization, Behavioral Advertising, Consent Order, Cookies, Encryption, Enforcement, Federal Trade Commission, Marketing, MySpace, Personally Identifiable Information, Privacy Policy, Safe Harbor, Social Media

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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Tags: Accountability, Article 29 Working Party, Binding Corporate Rules, Cookies, Data Controller, Data Processor, Data Protection Authority, Data Transfer, EU Data Protection Directive, EU Member States, EU Regulation, European Commission, European Union, International, IP Address, Online Privacy, Privacy By Design, Right to Be Forgotten, Safe Harbor, Security Breach

EU-U.S. Interoperability Not Ready for Prime Time

On March 19, 2012, the European Commission hosted this year’s Safe Harbor Conference in Washington, D.C., to address the transfer of data from Europe to the United States. Although it appears the Safe Harbor framework will remain unchanged for the time being, it seems unlikely the United States will be considered adequate, or even interoperable, with the EU for purposes of cross-border data transfers.

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Tags: Adequacy, Binding Corporate Rules, Cameron Kerry, Centre for Information Policy Leadership, Data Transfer, Department of Commerce, Enforcement, European Commission, European Union, Events, International, Safe Harbor, Viviane Reding

European Commission to Host Safe Harbor Conference on March 19 in Washington

The U.S. Department of Commerce has confirmed that the European Commission will host this year’s Safe Harbor Conference in Washington, D.C., on March 19, 2012. The venue marks a change from the tradition of previous sessions which have taken place in the host authority’s capital city (Washington, D.C. or Brussels). The Conference will follow the release of the European Commission’s draft revisions to the EU Data Protection Directive 95/46, which are expected on or around January 25, 2012. The widely leaked draft of the proposal does not contain language pertaining to the current Safe Harbor program that exists between the United States and Europe. The European Commission and the U.S. Department of Commerce will negotiate the Safe Harbor Conference agenda over the next few weeks.

Tags: Centre for Information Policy Leadership, Department of Commerce, EU Data Protection Directive, European Commission, European Union, Events, Safe Harbor

FTC Settles COPPA Violation Charges Against Children’s Social Networking Website

On November 8, 2011, the Federal Trade Commission announced that the operator of skidekids.com, a social networking website that advertises itself as the “Facebook and Myspace for Kids,” has agreed to settle charges that he collected personal information from approximately 5,600 children without parental consent, in violation of the Children’s Online Privacy Protection Act (“COPPA”) Rule. The proposed settlement will bar future violations of COPPA and misrepresentations about the collection, use and disclosure of children’s information.

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Tags: Consent Order, Consumer Protection, COPPA, Federal Trade Commission, Online Privacy, Penalty, Privacy Policy, Safe Harbor, Social Media

FTC Proposes COPPA Rule Changes

On September 15, 2011, the Federal Trade Commission released proposed amendments to the Children’s Online Privacy Protection Rule (“COPPA Rule” or “Rule”).  These revisions follow the FTC’s review of the COPPA Rule, which resulted in numerous comments from various groups and individuals, as well as a public round table that took place on June 2, 2010.  The proposed amendments reflect the FTC’s commitment to “helping to create a safer, more secure online experience for children” in the face of rapid technological change.
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Tags: Behavioral Advertising, Consumer Protection, COPPA, Federal Trade Commission, Geolocation, Information Security, Marketing, Online Privacy, Safe Harbor, Social Media, U.S. Federal Law

French Data Protection Authority Unveils its Goals for 2011 Inspections

On April 26, 2011, the French Data Protection Authority (the “CNIL”) issued a press release unveiling its inspection goals for the coming year.  In a report adopted on March 24, 2011, the CNIL indicated that it intends to conduct at least 400 inspections in France (100 more than the 2010 goal), with a special focus on the following issues: Continue reading…

Tags: Behavioral Advertising, CNIL, Data Transfer, European Union, France, International, Marketing, Online Privacy, Safe Harbor, Social Media, Video Surveillance

Senators Kerry and McCain Introduce the Commercial Privacy Bill of Rights Act of 2011

On April 12, 2011, U.S. Senators John Kerry (D-MA) and John McCain (R-AZ) introduced the Commercial Privacy Bill of Rights Act of 2011 (the “Act”) to “establish a regulatory framework for the comprehensive protection of personal data for individuals under the aegis of the Federal Trade Commission.”  The bill applies broadly to entities that collect, use, transfer or store the “covered information” of more than 5,000 individuals over a consecutive 12-month period.  Certain provisions of the bill would direct the FTC to initiate rulemaking proceedings within specified timeframes, but the bill also imposes requirements directly on covered entities. Continue reading…

Tags: Accountability, Behavioral Advertising, Centre for Information Policy Leadership, Consumer Protection, Email, Enforcement, Federal Trade Commission, John Kerry, John McCain, Legislation, Marketing, Online Privacy, Opt-In Consent, Personally Identifiable Information, Privacy By Design, Safe Harbor, Social Security Number, State Attorneys General, U.S. Federal Law

Google Settles FTC Deceptive Privacy Practice Charges Regarding Google Buzz

On March 30, 2011, the Federal Trade Commission announced that Google agreed to settle charges that it used deceptive tactics and violated its own privacy promises to consumers when it launched its social network, Google Buzz, in 2010.  According to the FTC’s complaint (main document, exhibits), Google led Gmail users to believe that they could choose whether or not they wanted to join Google Buzz.  The options for declining or leaving Google Buzz, however, were ineffective.  For those who joined Google Buzz, the controls for limiting the sharing of their personal information were difficult to locate and confusing.  Furthermore, the FTC charged that Google violated its privacy policies by using information provided for Gmail for another purpose – social networking – without obtaining consumers’ permission in advance.  Finally, the FTC alleged that Google misrepresented that it was treating personal information from the European Union in accordance with the U.S.-EU Safe Harbor framework because it failed to give consumers notice and choice before using their information for a different purpose from that for which it was collected. Continue reading…

Tags: Consent Order, Consumer Protection, Email, Enforcement, Federal Trade Commission, Google, Information Security, Online Privacy, Penalty, Privacy By Design, Privacy Policy, Safe Harbor, Social Media

European Commission Finds Israeli Data Protection Law Provides Adequate Protection

Reporting from Israel, legal consultant Dr. Omer Tene writes:

On January 31, 2011, the European Commission formally approved Israel’s status as a country providing “adequate protection” for personal data under the European Data Protection Directive.  The decision is restricted to automated international data transfers from the EU, as well as to non-automated data transfers that are subject to further automated processing in Israel.  It will allow unrestricted transfers of personal data from the EU to Israel, for example between corporate affiliates or from European companies to data centers in Israel.

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Tags: Article 29 Working Party, Data Controller, Data Processor, Enforcement, EU Data Protection Directive, European Commission, European Union, International, Israel, Omer Tene, Safe Harbor