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Tag Archives: social media

Posted in Social Media

Financial Regulators Finalize Social Media Guidance and Address Industry Questions

The Federal Financial Institutions Examination Council (FFIEC) has released final supervisory guidance on the use of social media by financial institutions. We last reported on the guidance when it was published in draft form in January 2013. The final guidance is substantially similar to the proposal (and we encourage you to read our prior post for more details on the elements of the guidance), but the FFIEC made certain revisions in light of the 81 public comments it received on the proposal.

Posted in Consumer Privacy, International/EU Privacy

UK ICO Publishes Guidance on Social Networking and Online Forums

The UK Information Commissioner’s Office recently published new guidance on the application of data protection laws to social networking and online forums that clarifies that organizations operating social networking sites or online forums may have responsibilities as data controllers under the UK Data Protection Act, including the responsibility to take reasonable steps to check the accuracy of any personal data posted on its site by third parties.

Posted in Consumer Privacy, News & Events, Social Media

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 [...]

Posted in Consumer Privacy, Financial Privacy, Social Media

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 [...]

Posted in Consumer Privacy, Employment Privacy

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 [...]

Posted in Employment Privacy

NLRB’s Newest Report Scrutinizes Social Media Policies and Provides a Sample Lawful Policy

On May 30 the National Labor Relations Board Acting General Counsel Lafe E. Solomon issued his third and latest report on social media cases, providing specific guidance on how to construct a lawful social media policy. In the report, Solomon takes a narrow view of what types of policy provisions are acceptable and instructs, for example, that certain confidentiality provisions, rules against “friending” co-workers, and blanket prohibitions of disparaging remarks are unlawful because they unduly restrict employees’ rights to discuss working conditions and terms and conditions of employment under the National Labor Relations Act.

Posted in Consumer Privacy

Hogan Lovells-Authored Opinion Piece Examines Idea of Legally Restricting Sharing on Social Media

Should Congress exercise control over the types of information people can share in social media and whether they can share certain categories of information automatically? In an opinion piece published in the San Francisco Chronicle, Hogan Lovells privacy leader Chris Wolf addresses the issue of whether Congress should pass a law restricting the manner in which individuals might choose to share information on the streaming videos they watch through social media. The piece is summarized here, along with a link to Chris’ related Senate testimony.

Posted in Consumer Privacy

FTC Announces Settlement with Facebook

The Federal Trade Commission this afternoon announced a proposed consent decree with the prominent social network Facebook, settling allegations that Facebook violated Section 5 of the FTC Act by failing to live up to representations made to consumers regarding its privacy practices. Among other remedial measures, the FTC required Facebook to obtain independent privacy compliance audits for the next 20 years. Along with the FTC’s recent consent decrees with Google and Twitter, the FTC now effectively has regulatory oversight over the privacy and data security practices of the three most prominent social networking companies in the United States.

Posted in Consumer Privacy

FTC Announces First Flash Cookie Enforcement and Settlement with Child Social Network

The Federal Trade Commission yesterday announced settlements with two online companies for deceptively collecting personal information from consumers, including its first enforcement action against the use of “Flash cookies” and an enforcement action against a social network that collected children’s information without parental consent. As a result, businesses whose websites (or vendors) utilize Flash cookies, HTML5, or ETags to track user browsing should reexamine their privacy disclosures.

Posted in Financial Privacy

Financial Services Industry Group Issues Social Media Guidance

A financial services industry group recently released guidance on managing the risks associated with using social media such as Facebook and Twitter. The guidance, titled “Social Media Risks and Mitigation,” was released this week by BITS, a division of the Financial Services Roundtable, which represents 100 of the largest financial services companies. The guidance includes tips on managing numerous concerns specific to financial institutions, which are increasingly using social media in their marketing and customer relationship activities.

Posted in Cybersecurity & Data Breaches

Twitter Consent Order Evidences Broader Scope of FTC Information Security Enforcement

On June 24, the FTC announced a proposed consent order with social networking service provider Twitter, Inc. The Twitter investigation is consistent with the FTC’s longstanding interest in policing the data privacy and security practices of social networking services, dating back to the FTC’s first online privacy case against Geocities in 1998, It evidences a broader ccope of FTC information security enforcement.

Posted in News & Events

Hogan & Hartson Privacy Lawyers Featured in Chubb Online Innovation Event on Social Media Risk from April 26-29: You are invited to participate

You are invited to participate in an on-line Social Media Risk Innovation event, hosted by Chubb Insurance. The event is an online, interactive session in which pariticipants will collectively identify risks and potential mitigation strategies regarding the use and potential misuse of social media. Hogan & Hartson Privacy Lawyers will be on hand throughout the event to facilitate the discussion and contribute expertise regarding legal risks businesses face from sanctioned and unsanctioned corporate and employee use of social media.

Posted in Financial Privacy

FINRA Issues Guidance on Social Networking Sites

The Hogan & Hartson privacy lawyers are counseling clients on the use of social media, as the legal risks are significant — especially if employees use the shield of anonymity to protect their privacy but make representations on behalf of their employers without disclosing their affiliation. The FTC and FDA recently have focused on social media. And on January 25, the Financial Industry Regulatory Authority (FINRA), an industry self-regulatory organization, issued Regulatory Notice 10-6, which gives guidance to member companies on the use of blogs and social networking sites to engage in company-sponsored communications with the public.