Tag Archives: Data Collection

OCR Guidance on Use of Tracking Technologies Warrants Review of Website Tech

Photo of Aleksandra VoldPhoto of Lynn SessionsPhoto of Stefanie FerrariBy Aleksandra Vold, Lynn Sessions and Stefanie Ferrari on Posted in Information Governance, Information Security
The U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued guidance regarding covered entities’ and business associates’ use of tracking technologies (the Guidance). As discussed in greater detail below, the Guidance reveals OCR’s position that an IP address is not just an identifier but is itself individually identifiable health information (IIHI) … Continue Reading

Return to Work: What Employers Should Know About AB 1281, CCPA Notice Requirements and Recent Labor Law Guidance

Photo of Jeewon SerratoBy Alan L. Friel, Jeewon Serrato and Catrina Wang on Posted in CCPA
While most privacy news and alerts have been focused on the collection and processing of customer data (see our earlier posts about interest-based advertising and the House Judiciary Committee’s Antitrust Hearing with Big Tech, for example), privacy issues related to data collected from employees and business-to-business (B2B) contacts increasingly are becoming a concern for businesses. … Continue Reading

IoT Device Maker Settles Class Claims for $3.75 Million

By David M. Brown on Posted in Big Data, Internet of Things, Mobile Privacy, Privacy Class Actions, Retail Industry
In one of the first Internet of Things (IoT) class action settlements, the maker of a Bluetooth-enabled personal vibrator agreed to settle privacy class claims for $3.75 million. The We-Vibe product allows a user to connect the product to a smartphone. The user can then control the device from the phone via Bluetooth connection. The … Continue Reading

Does the Government Have Carte Blanche to Retain Seized Data Indefinitely? In Amicus Brief to the Second Circuit, Policy Groups Argue No

By William W. Hellmuth on Posted in Information Security
On July 29, 2015, BakerHostetler filed an amicus brief with the Second Circuit on behalf of the Center for Democracy and Technology, joined by five prominent nonprofit public interest groups, for the en banc rehearing of United States v. Ganias, Case No. 12-240. In Ganias, the Court will grapple with arguments centering on whether the … Continue Reading

Legal Issues to Consider Before Starting Big Data Projects

By Judy Selby and Benjamin Barnes on Posted in Big Data
We read every day about the myriad of purposes for which enterprises are embarking on Big Data projects. Securing C-suite buy in and funding may be a significant endeavor, as is implementing an analytic approach to yield results that will achieve the project’s overall goals. In the face of those challenges, the legal and regulatory … Continue Reading

National Highway Traffic Safety Administration Considers Privacy Implications for New Vehicle-to-Vehicle Technology

By Charles Shih on Posted in Federal Legislation, Geolocation
The Department of Transportation’s National Highway Traffic Safety Administration (“NHTSA”) announced in 2014 that it would begin steps toward implementing vehicle-to-vehicle (“V2V”) technology with an aim toward decreasing the number of traffic accidents on the nation’s roads.  V2V technology allows communication between cars on the road to alert drivers of potential accident situations.  However, with … Continue Reading

Why Worry About a Little Skimmer?

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Retail Industry
Merchants—rightfully so—are worried about securing their payment card environments so that their name does not appear in a headline discussing how millions of cards were stolen from them. Faced with the challenge of evaluating the use of P2PE and tokenization, the conversion necessary to prepare for the October 2015 EMV liability shift, reading the tea … Continue Reading

Ill Conceived California Privacy Bill Threatens Viability Of Commercial Educational Online Services

By Alan L. Friel on Posted in Cybersecurity
SB 1177, the Student Online Privacy Protection Act was recently introduced in the California legislature.  This is a bad bill for the private educational industry, and ultimately for parents and students.  It would drastically expand the privacy protections of the Federal Educational Rights and Privacy Act (FERPA), and state equivalents, which impose reasonable limits on … Continue Reading

Legal concepts every social media marketer should know: Part II — Rules of the road for online advertising

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. on Posted in Children’s Privacy, Marketing, Online Privacy
Editor’s Note: This blog post was originally published on August 26, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission. This post is co-authored by Alan M. Pate. As long as we have sold stuff, we’ve used images or stories to help sell them. As Calvin Coolidge of all people once said in … Continue Reading

Legal concepts every social media marketer should know: Part I — Consumer privacy

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. on Posted in Children’s Privacy, Marketing, Mobile Privacy, Online Privacy, Social Media
Editor’s Note: This blog post was originally published on August 12, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission. This post is co-authored by Alan M. Pate. There are three things a social media website operator or digital marketer probably hates to hear most before  launching an online ad campaign: 1. Can you make … Continue Reading

FTC Settlement Restricts Use of Web Tracking Technology

By Maryanne Stanganelli on Posted in Online Privacy
Co-authored by: Elizabeth Stamoulis On February 20th, after a period for public comment, the FTC approved a final order settling charges against Compete, Inc., a market research company that collects online data for the purpose of developing and selling reports about consumer behavior on the Internet. The action demonstrates the FTC’s continuing concern about online … Continue Reading

Third Circuit Sustains “Data Collection Provision” of NJ’s Unclaimed Property Law

By Kimberly M. Wong on Posted in Information Security, Payment Card Industry
The Third Circuit recently affirmed a district court’s decision refusing to enjoin an amendment to the New Jersey Unclaimed Property Act (the “Act”) which requires issuers of stored value cards (“SVCs”) to obtain the name and address of purchasers of SVCs and to maintain a record of the zip code of each purchases.  New Jersey Retail … Continue Reading
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