Tag Archives: data privacy

Data Security Risk Assessments

By Randal L. Gainer on Posted in Cybersecurity
Editor’s Note: We recently launched a graphic illustrating our Cyber Risk Mitigation Services. This week, our attorneys will be writing about specific examples of those services. BakerHostetler lawyers have helped hundreds of businesses and other organizations respond to security incidents each year, many of which lead to regulatory investigations, class action lawsuits, or both. We see … Continue Reading

Congress Steps Up its Scrutiny of Data Brokers

Photo of Pamela Jones HarbourBy Pamela Jones Harbour on Posted in Online Privacy
In keeping with Congress’s heightened focus on privacy practices in the data broker industry, Senators Jay Rockefeller (D-W.Va.) and Ed Markey (D-Mass.) introduced a bill that would require increased transparency and accountability in the collection and sale of private consumer data.  Describing data brokers as operating a “shadow industry” with “very little scrutiny and oversight,” … Continue Reading

Massachusetts Follows California in Finding Retailers Vulnerable to Suit for Collecting Zip Codes in Credit Card Transactions

By Michael Young on Posted in Payment Card Industry, State Legislation
Earlier this month, the Massachusetts Supreme Court issued an opinion holding that zip codes “may well qualify” as personally identifiable information under the Massachusetts law controlling the treatment of PII in credit card transactions. The Massachusetts case echoes a 2011 ruling from the California Supreme Court which similarly held zip codes to be PII. Like the earlier California case, the … Continue Reading

International Compendium of Data Privacy Laws

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Online Privacy
Privacy and data protection issues confront all organizations—whether you handle employee information, credit card data, sensitive financial information or trade secrets. Securing data is a daunting task that is further complicated by cross-border transfer issues and the differences in privacy laws around the world. These laws are complex and can pose myriad and sometimes conflicting … Continue Reading

Congressional Update on Data Privacy & Security

By William Weber on Posted in Data Breaches, Online Privacy
The rumors of the death (or at least “dearth” — of activity) of the 112th Congress are somewhat exaggerated, to morph a phrase from Mark Twain; at least regarding the last couple weeks prior to the Independence Day recess. Not only did Congress pass major legislation related to the FDA, transportation programs and student loans … Continue Reading

Privacy Across Borders: Concerns Surfacing in Trans-Pacific Partnership

By William Weber on Posted in International Privacy Law
Opening markets and removing barriers to trade are touted by many in Washington, DC and well beyond as a cornerstone of economic expansion.  In the information age, ensuring the free flow of data across borders, and not simply goods and services, is increasingly important.  But just as problems can arise with differing foreign laws on … Continue Reading

SEC and CFTC Propose Identity Theft Prevention Rules

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Financial Privacy, Identity Theft
Reflective of an increased interest in data privacy concerns, on February 28, 2012, the Securities and Exchange and Commodity Futures Trading commissions jointly released proposed rules designed to protect investors from identity theft by mandating the creation of programs to detect potential security threats.  The proposed rules are meant to implement Title X of the … Continue Reading

White House Releases Consumer Online “Privacy Bill of Rights”

Photo of Erica Gann KitaevBy Erica Gann Kitaev on Posted in Federal Legislation, Online Privacy
The Obama Administration today unveiled a report entitled Consumer Data Privacy in a Networked World:  A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy.  A central component of the report, which is directed at improving online privacy protections, is a “Consumer Privacy Bill of Rights.”  The Consumer Privacy Bill of Rights … Continue Reading

Baker Hostetler Data Breach Emergency Response Team Launches Data Breach Hotline

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Breach Notification, Data Breach Notification Laws, Data Breaches
After you learn of a potential data breach, the clock is ticking and potential liabilities are mounting. Quickly identifying the right team to guide your company through the complexities of the response is paramount. Baker Hostetler’s Privacy, Security & Social Media Emergency Response Team has launched a dedicated hotline so it can be reached at … Continue Reading

Focus on Behavioral Advertising, Part 2

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Behavioral Advertising
Last week we reviewed recent tracking litigation.  As part of our ongoing focus on behavioral advertising, below is a summary of recent developments regarding Do Not Track legislation, industry self-regulatory efforts in the United States and abroad, and the FTC’s plan to update its Dot Com Disclosures guidelines.    FTC Commissioner J. Thomas Rosch, concerned with … Continue Reading

California Social Networking Privacy Act Stalls

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Online Privacy
California SB 242 (Social Networking Privacy Act), which we covered here, would require social networking websites to design default privacy settings that prevent information about a user from being displayed without affirmative consent from the user.  On May 27, 2011, the bill failed to receive enough votes to pass the California Senate.      The bill faced … Continue Reading

Kerry & McCain Release Commercial Privacy Bill of Rights

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Behavioral Advertising, Federal Legislation, Online Privacy
Senators John Kerry and John McCain introduced the Commercial Privacy Bill of Rights at a press conference today.  The stated purpose of the bill is to “establish rights to protect every American when it comes to the collection, use, and dissemination of their personally identifiable information (PII).”  According to a summary of the bill released by … Continue Reading

Catching Up on Cloud Computing

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Cloud Computing, Information Security
 If you are considering cloud computing and need to address related data privacy concerns, the articles discussed below provide an explanation of how cloud computing actually works to help you with your analysis.  The National Institute of Standards and Technology (NIST) recently revised its definition of cloud computing: “Cloud computing is a model for enabling … Continue Reading
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