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Department of Education Releases Guidance for Schools Regarding Terms of Service Offered by Providers of Online Educational Services

On February 26, 2015, the Department of Education’s Privacy Technical Assistance Center issued guidance to assist schools, school districts and vendors with understanding the primary laws regulating student privacy and how compliance with those laws may be affected by Terms of Service offered by providers of online educational services and mobile applications.… Continue Reading

German DPA Appeals Court Decision on Facebook Fan Pages and Suggests Clarification by ECJ on Data Controllership

On January 14, 2015, the data protection authority of the German federal state of Schleswig-Holstein issued an appeal challenging a September 4, 2014 decision by the Administrative Court of Appeals, which held that companies using Facebook’s fan pages cannot be held responsible for data protection law violations committed by Facebook because the companies do not have any control over the use of the data. … Continue Reading

Bank of America Finalizes 32 Million Dollar Settlement in TCPA Class Action

On September 2, 2014, a federal district court in California granted final approval to a settlement ending a class action against Bank of America and FIA Card Services. The suit stemmed from allegations that the defendants violated the Telephone Consumer Protection Act when they called or texted consumers' cell phones without the consumers' prior express consent. … Continue Reading

FTC Issues Report on Data Broker Industry, Recommends Legislation

On May 27, 2014, the Federal Trade Commission announced the release of a new report recommending that Congress consider enacting legislation that would increase transparency in the data broker industry and give consumers more control over how data brokers collect and share their personal information. … Continue Reading

FCC Reaches Settlement Over Alleged Do-Not Call Registry Violations

On May 19, 2014, the Federal Communications Commission announced that Sprint Corporation agreed to pay $7.5 million to settle an FCC Enforcement Bureau investigation stemming from allegations that the company failed to honor consumers’ requests to opt out of telemarketing calls and texts. Sprint also agreed to implement a two-year plan to help ensure future … Continue Reading

2014 IAPP Global Privacy Summit

Join us at the International Association of Privacy Professionals Global Privacy Summit in Washington, D.C., March 5-7, 2014. Visit us at Booth 2 in the Exhibit Hall.… Continue Reading

UK High Court Rules in Cookies Claim Against Google

On January 16, 2014 the High Court in London rejected submissions made on behalf of Google Inc. (“Google”) that the case brought against it by three UK-based users of Apple’s Safari browser should be heard in the U.S., rather than before an English court. The decision means that the case could be heard before a … Continue Reading

GAO Report Highlights Gaps in U.S. Privacy Laws

On November 15, 2013, the U.S. Government Accountability Office released a report finding that the current federal statutory privacy scheme contains "gaps" and "does not fully reflect" the Fair Information Practice Principles.… Continue Reading

State AGs Reach Settlement with Google on Safari Tracking

On November 13, 2013, Google entered into a $17 million settlement agreement with the attorneys general from 37 states and the District of Columbia related to allegations that the company bypassed users’ cookie-blocking settings on Apple’s Safari browser in 2011 and 2012. The settlement requires Google to refrain from bypassing cookie controls in the future … Continue Reading

Revised FCC Telephone and Text Marketing Rules Become Effective October 16, 2013

On October 16, 2013, the Federal Communications Commission's new Telephone Consumer Protection Act rules come into effect. Among other revisions, business will now need to obtain "express written consent" prior to advertising or telemarketing through autodialed calls or texts or prerecorded calls to consumers' mobile numbers. Violations of the new rules may result in substantial fines and statutory damages.… Continue Reading

Senate Commerce Committee Broadens Data Broker Investigation

On September 25, 2013, Senator Jay Rockefeller expanded his investigation of the data broker industry by sending letters to twelve popular health and personal finance websites requesting information about their data collection and sharing practices. Responses are due by October 11, 2013.… Continue Reading

HIPAA Omnibus Rule Compliance Deadline Has Arrived

Today marks the deadline for compliance with the HIPAA Omnibus Rule that was issued in January 2013. Covered entities, business associates and subcontractors that access, use or disclose protected health information should ensure that they meet the new compliance requirements outlined in this post.… Continue Reading
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