The Children’s Online Privacy Protection Act (“COPPA”) was passed by Congress at the end of the last century to add protections when an internet site sought to collect “personally identifiable information” (“PII”) from children under 13. The Congress directed the Federal Trade Commission to issue Rules to implement the Act, which it did. Now the … Continue Reading
Fifteen months after releasing its preliminary report, the Federal Trade Commission released its final Report, “Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Business and Policymakers.” The much anticipated final report went further than the preliminary report by now calling for Congress to enact general privacy, data security and breach … Continue Reading
Last week in Washington, DC, officials from the U.S. Federal Trade Commission, the Department of Commerce, major trade associations and key stakeholders from around the world gathered at a global privacy summit convened by the International Association of Privacy Professionals. During the two day conference, panels covered a broad range of topics from mobile device … Continue Reading
The end of 2010 featured the Department of Commerce citing the need for a Privacy Bill of Rights in its green paper and the FTC's preliminary online privacy report discussing the need for a Do Not Track mechanism. The momentum generated by these reports led to the introduction of multiple versions of Do Not Track and comprehensive privacy rights bills in early 2011. By mid-2011, at least five different data security and breach notification proposals were circulating in the wake of high profile data breaches. Reports about location based tracking led to the introduction of geolocation privacy and surveillance bills. Proposed amendments to the Children's Online Privacy Protection Act, Electronic Communications Privacy Act, and Video Privacy Protection Act were also made. And by the end of 2011, several cybersecurity bills designed to protect critical infrastructure had been introduced. Even though Congress held hearings on privacy issues, subcommittees approved several bills, and there was support from the Obama administration for comprehensive privacy legislation, as many expected, however, none of these bills were enacted when the first session of the 112th Congress adjourned December 18.
The safe prediction for 2012 is more of the same--a lot of proposals but no consensus. It is certainly possible that another high profile data breach or cyberattack against a utility or government contractor could create enough urgency to force a consensus. However, numerous high profile breaches (Epsilon, Sony, Citi, RSA, Lockheed Martin and several health care providers), hactivist attacks against government security contractors (IRC Federal and HBGary), and reports about how the "weaponized" Stuxnet virus caused centrifuges in an Iranian nuclear facility to spin wildly out of control were not enough in 2011. We certainly expect to see data breach notification, comprehensive privacy, and cybersecurity bills addressed again in 2012. We may also see narrower bills aimed at online and location based tracking as well as Children's privacy. Emerging technology, including mobile payments and facial recognition, may also garner legislative attention.
Below is a round-up of the 2011 privacy and data security legislative proposals, including links to more detailed analysis from our blog posts during the year.… Continue Reading
The Interagency Voluntary Working Group on Food Marketed to Children released Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts to improve the nutritional profile of foods marketed to children in April 2011. Today, FTC Commissioner David Vladeck addressed 12 myths about the recommendations, including: (1) providing reassurance that the guidelines do not provide a … Continue Reading
A recent national survey of smartphone users, not surprisingly, revealed that privacy, transparency, choice, and control are important considerations for users. Indeed, many users indicated that they want more choices and easier access to controls regarding advertising tracking and geolocation data. Legislators and consumer advocacy groups are taking heed. On May 10, 2011, the Senate … Continue Reading