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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: Facebook

Posted in Consumer Privacy, International/EU Privacy, Privacy & Security Litigation

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., […]

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

CAN-SPAM Held to Apply to Social Media Messaging

On March 28, 2011, the U.S. District Court for the Northern District of California held, in Facebook, Inc. v. MAXBOUNTY, Inc., case no. CV-10-4712-JF, that messages sent by Facebook users to their Facebook friends’ walls, news feeds or home pages are “electronic mail messages” under the CAN-SPAM Act. The court, in denying the defendant MAXBOUNTY’s motion to dismiss, rejected that CAN-SPAM applies only to traditional e-mail as it is commonly understood. The ruling is the most expansive judicial interpretation to date of the types of messages falling within the purview of the CAN-SPAM Act. The court did not reach or otherwise address the underlying merits of the CAN-SPAM claims.