Tag Archives: Facebook

California Facebook Decision At Odds With Illinois Courts

By Erin Bolan Hines on Posted in Information Security, Social Media
On February 26, 2018, the United States District Court for the Northern District of California denied Facebook, Inc.’s motion to dismiss the plaintiffs’ consolidated class action complaint for failure to allege a concrete injury in fact under Federal Rule of Civil Procedure 12(b)(1). Plaintiffs alleged Facebook’s “Tag Suggestions” violated the Illinois Biometric Information Privacy Act … Continue Reading

SEC Greenlights Use of Social Media for Publicly Disclosing Company Information

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. on Posted in Social Media
Co-authored by: Jonathan Nowakowski Recognizing the reality that many investors likely get more information from Facebook and Twitter than a corporate 10-K and that most public companies have a robust social media presence, the U.S. Securities and Exchange Commission (“SEC”) recently weighed in on the use of social media by public companies to disclose material … Continue Reading

Facebook Opens Door to Giving Your Personal Information to an Affiliated Ad Agency

Photo of Gerald J. FergusonBy Gerald J. Ferguson on Posted in Social Media
Give Facebook credit for candor. Facebook does not call the policy describing what it does with your personal information a “privacy policy”, but rather a “Data Use Policy”. The nomenclature is appropriate. The Facebook Data Use Policy is not so much about protecting the privacy of the information you share on Facebook as it is … Continue Reading

The NLRB Finds No Protected Activity Involved Where Employee is Fired for a Facebook Posting

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Social Media
Authorship credit: Jay Seegers  Like many people, Robert Becker, a salesperson at Karl Knauz Motors’ BMW dealership in Chicago, had his own Facebook page. When the BMW dealership served hot dogs, chips, and bottled water at an event to introduce a new BMW vehicle, Mr. Becker posted sarcastic comments questioning whether the dealership’s choice of … Continue Reading

Recent FTC Civil Penalties for Privacy Violations Show Need for Companies to Ensure Compliance with their Privacy Policies

Photo of Barry CutlerBy Barry Cutler on Posted in Online Privacy
After several years where telemarketing fraud and exercise/weight loss products seemed to top the FTC’s agenda, the time has come when stepped up privacy enforcement against companies that are household names means that all consumer oriented firms need to take notice. This month, the FTC announced a settlement with Google that involves a $22.5 million … Continue Reading

Facebook Implements California Consumer Privacy Protections In Rolling Out Its New App Center

Photo of BakerHostetlerBy BakerHostetler on Posted in Social Media
In this context, Facebook will require all software applications ("Apps") offered through the App Center to provide a clear link to its privacy policy. Third party App distributors will be able to utilize the Facebook App Center and its development tools to provide, and make discoverable, their mobile offerings. Given Facebook's increasingly large user base and existing third party App infrastructure, the App Center is likely to have an impact of significance on the global mobile application marketplace.… Continue Reading

The NLRA and Employee Surveillance: Avoiding the Temptations and Pitfalls of Social Media

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Online Privacy, Social Media
Authorship Credit: Ellen J. Shadur The advent of social media and the prevalence of mobile communications devices challenge employers seeking to prevent unlawful conduct in the workplace.  Employees are no longer constrained by the need for physical proximity, or lack of access to a bulletin board, a telephone landline, or a fax machine.  Bullying and … Continue Reading

Article: “What Can Management Do to Protect the Organization from Inappropriate Use of Social Media?”

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Social Media
Baker Hostetler Partner Dan Guttman published “What Can Management Do to Protect the Organization from Inappropriate Use of Social Media?” in the winter 2012 issue of OHPELRA Update, the labor and employee relations trade publication covering all Ohio’s public employers. In the article, Mr. Guttman notes that although social media outlets, including Facebook and LinkedIn, provide … Continue Reading

Maryland First to Enact Social Media Ban

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Workplace Privacy
Although it may not be a widespread practice among employers, asking employees or job applicants to provide passwords or access rights to social media accounts (e.g. Facebook or Twitter) has gained national attention and has been widely criticized by advocacy groups and politicians. While members of Congress are evaluating ways to prohibit the practice, Maryland became the … Continue Reading

Will Facebook’s IPO Cybersecurity Disclosures Set the Tone Under SEC’s New Guidance?

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Cybersecurity, Data Breach Notification Laws, Information Security
Facebook filed its long-awaited Form S-1 with the SEC on February 1.  Given the nature of its business, concerns regarding data privacy were peppered throughout the filing.  While other business risk factors may be paramount (e.g., reliance on Zynga, slowing growth, etc.), data privacy has been and will continue to be an important issue for … Continue Reading

Facebook and FTC Settlement Agreement – Online Privacy Practice Implications

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Enforcement, Online Privacy
Facebook and the FTC announced an agreement on November 29, 2011, ending the FTC’s 18-month investigation into Facebook’s user privacy practices.  By adding Facebook to the list of major social media entities subject to an FTC consent order—a list that includes Google and Twitter—the FTC has loudly signaled its leading role in regulating the online … Continue Reading

Facial Recognition: The End of Privacy or a Precursor for New Laws?

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Behavioral Advertising, Federal Legislation, Identity Theft
Do you feel compelled to wear a Richard Nixon mask or a baseball hat equipped with infrared signal emitters on the brim when you leave the house?  If so, you may be trying to prevent a passerby on the street from guessing your name, interests, Social Security number, or credit score using only a pair … Continue Reading

Personal Information is Not Property Under California Unfair Competition Law

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Online Privacy
On May 12, 2011, a California federal court dismissed substantive claims in a class action privacy lawsuit against Facebook.  The plaintiffs alleged eight causes of action under federal and state law, claiming that Facebook shared users’ personal information with advertisers without the users’ consent.  Although the judge found that the plaintiffs had standing to bring … Continue Reading

Mobile App and Geolocation Data Roundup

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Behavioral Advertising, Children’s Privacy, Mobile Privacy
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

Noteworthy Data Privacy and Information Security Events in 2010

Photo of Craig A. HoffmanBy Craig A. Hoffman on Posted in Behavioral Advertising, Breach Notification, Data Breach Notification Laws, Enforcement, Federal Legislation, Financial Privacy, HIPAA/HITECH, Information Security, Medical Privacy, Online Privacy
The two events that drew the most attention in 2010, both of which occurred at year-end, were reports from the FTC and the Department of Commerce.  Below is a brief summary of those two reports and other issues drawing attention in the past year: (1) FTC Issues Long-Awaited Consumer Privacy Policy Report On December 1, … Continue Reading
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