The New York Times reported on May 13 that U.S. companies showed up in force at the International Data Protection Day conference that day in Berlin. The Times article also mentioned the presence of Hogan Lovells at the conference. In addition to the heightened interest in data protection evidenced by U.S. business that is described in the NY Times, the Berlin conference showcased the continued sparring between the EU and the U.S. on the adequacy of U.S. privacy laws and also provided a comprehensive update on data protection developments worldwide. The topics for the day began with the proposed EU data protection regulation and ended with U.S. privacy and security enforcement, with numerous developments in other countries sandwiched in between.
Category Archives: Consumer Privacy
Subscribe to Consumer Privacy RSS FeedFTC Votes to Retain July 1, 2013 COPPA Rule Compliance Date
Less than two weeks after providing additional guidance on the recent changes to the Children’s Online Privacy Protection Act (“COPPA”) Rule, in the form of updated Frequently Asked Questions, the Federal Trade Commission (“FTC”) voted unanimously to retain the July 1, 2013 effective date for the changes to the COPPA Rule.
Federal Court Certifies Consumer Class Action Alleging comScore Violated Federal Privacy Laws by Exceeding Scope of Users’ Consent
A recent federal court opinion raises concerns that privacy cases alleging violations of a standard user license agreement may be susceptible to class certification. Last week, the U.S. District Court for the Northern District of Illinois certified a class in a consumer privacy lawsuit against comScore, Inc. Plaintiffs allege that comScore exceeded the scope of the… Continue Reading
European Regulators State that Non-EU Mobile Apps Must Comply with EU Privacy Laws
The European Union’s Article 29 Data Protection Working Party (“WP29“), which consists of the 27 data protection authorities of the European Union Member States, has published its “Opinion on Apps in Smart Devices“, adopted on 27 February 2013 (the “Opinion“). Applicability of EU laws According to WP29, the 1995 Data Protection Directive applies to all… Continue Reading
FTC Updates Guidelines for Online Advertising Disclosures
Recognizing the changes enabled by mobile devices and social technologies, the Federal Trade Commission has published the first update in over twelve years of its guidelines for online advertising. The new guide, .com Disclosures: How to Make Effective Disclosures in Digital Advertising, parallels the 2000 original, Dot Com Disclosures: Information About Online Advertising, and uses much… Continue Reading
Top Tier: Hogan Lovells Global Privacy and Data Protection Practice Ranked Highest by Chambers
Chambers Global has just been released, and we are pleased to report that the Hogan Lovells privacy and data protection practice has been ranked in the exclusive top tier of only five firms in the world. This recognition is gratifying and we appreciate the recognition from our clients and the profession of the Hogan Lovells’… Continue Reading
FTC Issues Report on Emerging Mobile Payments Services
There has been an explosion in the number and variety of mobile payment services available to consumers in the last couple of years, with new innovations and players growing exponentially. The release of the Federal Trade Commission’s (FTC) March 8, 2013 staff report, “Paper, Plastic… or Mobile? An FTC Workshop on Mobile Payments,” indicates the potential… Continue Reading
FTC Text Spam Enforcement on the Rise
On March 7, the FTC announced a major new initiative cracking down on text message spammers and drove home the point by commencing eight new lawsuits against alleged spammers. In eight complaints filed in four different federal courts across the country, the FTC has charged a total of twenty-nine defendants, alleging that they collectively sent… Continue Reading
FTC Report Indicates That Almost One in Five Consumer Complaints Involves Identity Theft
This week, the Federal Trade Commission released its 2012 Annual Report of consumer complaints. For the thirteenth year in a row, identity theft was the number one complaint category, underscoring consumers’ continued focus on identity theft concerns. Identity theft complaints accounted for 18% of the overall complaints and far more than any other complaint category…. Continue Reading
German Court Holds Presence of Irish Subsidiary Precludes Application of German Data Protection Law to Facebook
In a decision with important implications not only for Facebook but potentially for many companies not primarily located in Europe but with European customers, on February 14 the Administrative Court (Verwaltungsgericht) for the German State Schleswig-Holstein decided that German data protection law is not applicable to U.S.-based Facebook Inc. as well as its European subsidiary, Facebook Ireland Ltd.,… Continue Reading
Supreme Court Standing Case Has Implications for Privacy Litigation
On February 26, the U.S. Supreme Court ruled in Clapper v. Amnesty International that a group of U.S. citizens and U.S.-based organizations did not have standing to challenge the constitutionality of a provision of the Foreign Intelligence Surveillance Act (FISA) that allows the U.S. Government to monitor the electronic communications of non-U.S. persons located on… Continue Reading
A Duty to Patch? FTC Settles First Case Against a Mobile Device Manufacturer, Describes Company’s Obligation to Implement Software Security
In the first enforcement action by the FTC against a mobile device manufacturer, the FTC on February 22 announced that HTC America (HTC) had settled charges alleging that the company had engaged in unfair practices and falsely or misleadingly represented whether third-party and HTC applications could access users’ personal information. In settling the FTC’s charges,… Continue Reading
Federal Court Certifies 60,000-Member Class in “Wireless Spam” TCPA Litigation against Insurance Company, for Actions of Its Marketing Vendors
In a decision with important implications for companies that hire outside marketing firms, a federal judge has certified a class of nearly 60,000 individuals who allegedly received an unsolicited text message from a marketing company hired by Stonebridge Life Insurance Company. The plaintiff in Lee v. Stonebridge Life Insurance Company and Trifecta Marketing Company, LLC, 3:11-cv-00043 (N.D…. Continue Reading
Hong Kong Privacy Commissioner for Personal Data Publishes “New Guidance on Direct Marketing”
On January 25, 2013 the Hong Kong Privacy Commissioner for Personal Data published its “New Guidance on Direct Marketing” to help organizations comply with the direct marketing provisions of the Personal Data Amendment Ordinance. The “Amendment Ordinance” was passed on June 27, 2012; while most of its provisions have already been implemented, the provisions relating… Continue Reading
Online Retailers Can Collect Personal Data Under Song-Beverly Where Products Downloaded, Says California Supreme Court
On February 4, 2013 a sharply divided California Supreme Court held in Apple, Inc. v. Superior Court (Case No. S199384) (“Apple”) that the Song-Beverly Credit Card Act (the “Act”) does not apply to online purchases in which products are downloaded. The Act prohibits retailers from requesting or requiring consumers to provide personal identification information (“PII”)… Continue Reading
FTC Releases Mobile Privacy Report and Announces Settlement with Mobile App Operator
Today the FTC released Mobile Privacy Disclosures: Building Trust Through Transparency, a report containing recommendations for the mobile industry. The report encourages mobile app platforms to play a significant role in providing consumers with privacy-related information, devoting more pages to recommendations for platforms than it does for developers, ad networks, third-party service providers, and trade… Continue Reading
Maryland Attorney General Puts Privacy in the Spotlight, Establishes Internet Privacy Unit
Maryland Attorney General Doug Gansler, current President of the National Association of Attorneys General (NAAG), has made “Privacy in the Digital Age” his presidential initiative for 2013. As part of the presidential initiative, NAAG will host a number of privacy-focused events throughout the year, including a three-day conference this April. On Monday, January 28th,… Continue Reading
Bank Regulators Propose Social Media Guidance; Comments Due March 25, 2013
The Federal Financial Institutions Examination Council (FFIEC) has released proposed guidance on the use of social media by financial institutions, including banks, credit unions, and non-bank entities supervised by the Consumer Financial Protection Bureau. The proposed “Social Media: Consumer Compliance Risk Management Guidance” (“Proposed Guidance”) defines “social media” broadly to including micro-blogging sites (like Google… Continue Reading
An Enhancement of Privacy Rights in Australia
The Privacy Amendment (Enhancing Privacy Protection) Act (the “Reform Act“) was passed by the Australian Parliament in November 2012. The Reform Act marks the culmination of a lengthy amendment process which began in 2006 with a comprehensive review of the Privacy Act 1988 (the “Privacy Act“) and related laws by the Australian Law Reform Commission… Continue Reading
Hogan Lovells Privacy Leader Convenes EU Privacy Officials for Lively Discussion of Proposed Regulation
Hogan Lovells Privacy Leader Christopher Wolf, founder and co-chair of the Future of Privacy Forum (FPF), a Washington, DC-based think tank dedicated to advancing personal privacy, convened a “Who’s Who” of governmental privacy officials at an FPF session in Brussels on 23 January to discuss the proposed EU General Data Protection Regulation. Chis led the session with FPF Senior Fellow… Continue Reading
California Attorney General Releases Mobile App Guidance
James Denvil, an associate in our Washington office, contributed to this entry. California Attorney General Kamala Harris is starting 2013 right where she left off in 2012: focusing on mobile device application (“app”) privacy. On January 10, the Attorney General’s Privacy Enforcement and Protection Unit released Privacy on the Go: Recommendations for the Mobile Ecosystem. … Continue Reading
Surrender! German Court Strengthens the Position of Data Principals in Insolvency Proceedings
In a recent decision, the Higher Regional Court of Düsseldorf held that data controllers may claim immediate surrender of customer data in the insolvency of marketing agencies and IT service providers in Germany under section 47 of the German Insolvency Statute (decision of 27 September 2012, file number: I-6 241/11; for a German text version of… Continue Reading
China: The Strengthening of Online Private Information Protection
With a population reaching billions, it is not a surprise that the number of internet users in China is drastically increasing. Such influx of Chinese “netizens” brings with it the importance for protection of online private information. As a result, in the last days of the 2012 calendar year, the Standing Committee of the National… Continue Reading
Michigan Becomes Latest State to Enact Social Media Privacy Law
Last week, Michigan enacted a social media privacy law that prohibits employers and educational institutions from requesting access to the personal social media or other internet-based accounts of employees or students. The new law, known as the Internet Privacy Protection Act, provides that employers or educational institutions (ranging from elementary schools through institutions of higher learning) may not… Continue Reading