Monthly Archives: February 2009

Consumer Privacy Protection a Top Priority for the FCC

This week, the Federal Communications Commission announced a broad consumer privacy enforcement action against over 600 telecommunications carriers.  The Commission issued notices of liability against carriers that failed to certify compliance with regulations governing the protection of Consumer Proprietary Network Information (“CPNI”) and carriers that filed inadequate certifications.  The Commission proposed fines of $20,000 against … Continue Reading

EU Article 29 Data Protection Working Party Released Working Document

On February 11, 2009, the EU Article 29 Data Protection Working Party released its long-awaited Working Document (the “Working Document”) on reconciling U.S. civil discovery requirements with European data protection law. The guidelines the Working Document offers for data controllers highlight the challenges that multinational businesses face to comply with competing legal obligations in civil … Continue Reading

CVS Pays $2.25 Million in Record HIPAA Settlement

CVS Pharmacy (“CVS”), reportedly the largest retail pharmacy chain, has agreed to pay the Department of Health and Human Services (“HHS”) $2.25 million and submit a Corrective Action Plan (“CAP”) to HHS after an extensive nationwide investigation by the HHS Office of Civil Rights (“OCR”) and the Federal Trade Commission (“FTC”) which revealed that CVS … Continue Reading

Is User-Generated Content on Trial? Google Executives Face Criminal Proceedings

The Criminal Court of Milan has suspended proceedings against four Google executives to allow time to address relevant procedural considerations.  The proceedings mark the culmination of a two-year investigation conducted by Italian authorities.  The investigation focused on video footage made available on Google Video that depicted a disabled boy being taunted by his fellow classmates.  … Continue Reading

Federal Trade Commission Issues Behavioral Advertising Report

As part of its ongoing efforts to examine evolving internet marketing practices, earlier today the Federal Trade Commission released a report on self-regulation of online behavioral advertising.  This report analyzes the comments received from interested parties in response to proposed self-regulatory principles issued by the Commission in December 2007.  It covers a wide range of … Continue Reading

New Jersey Publishes Pre-Proposal of Rules Protecting Personal Information

The New Jersey Division of Consumer Affairs has published a pre-proposal of rules relating to the protection of personal information (“PPR”) and is accepting comments on the PPR until February 13, 2009, after which it will formally propose rules. The PPR comes nearly a year after the state withdrew earlier proposed rules (the “Original Proposal”) … Continue Reading

Trilateral Committee Meets to Discuss Potential Privacy Law in Mexico

On February 4, 2009 the Trilateral Committee on Transborder Data Flows met in Mexico City.  The committee is comprised of representatives from the Canadian, Mexican and U.S. governments and is part of the Security and Prosperity Partnership of North America.  The Trilateral Committee invited representatives from the private sector to give testimony on current and … Continue Reading

ECHR Rules on Disclosure of Web Users’ Identity

On December 2, 2008, the European Court of Human Rights (ECHR) ruled in K.U. v. Finland that Article 8 of the European Convention on Human Rights requires national laws to protect individuals from serious online privacy infringements, but also that the national legal framework must allow for the identification and prosecution of offenders. This case … Continue Reading

Telemarketers to Pay $1.2 Million in Civil Penalties for TSR Violations

The Federal Trade Commission ("FTC") recently settled complaints against two telemarketing companies that allegedly called numbers listed on the National Do Not Call Registry.  The companies will pay a combined total of nearly $1.2 million dollars in civil penalties to settle charges that their marketing practices ran afoul of the Telemarketing Sales Rule ("TSR").… Continue Reading

Alleged Violations of a Privacy Policy

A recent federal court decision offers a detailed analysis of several theories of liability for violations of a privacy policy.  Pinero v. Jackson Hewitt Tax Service Inc., No. 08-3535, 2009 WL 43098 (E.D. La. January 7, 2009).  Plaintiff Pinero visited Jackson Hewitt Tax Service in Louisiana to have her tax returns prepared.  During her visit, … Continue Reading

Stimulus Package Includes Breach Notice Obligations and Substantial Changes to HIPAA

Provisions of the economic stimulus legislation (known as the American Recovery and Reinvestment Act (“ARRA”)), recently passed by the U.S. House of Representatives, require certain entities to notify affected individuals, government agencies and the media of breaches of “unsecured protected health information.” Additional provisions substantially revise regulations promulgated pursuant to the Health Insurance Portability and … Continue Reading