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

Tag Archives: notice and choice

Posted in International/EU Privacy

Future-Proofing Privacy: Justifying Data Uses

Part 4 of Future-Proofing Privacy: Justifying Data Uses – From Consent to Legitimate Interests. Currently, under the Data Protection Directive, each instance of data processing requires a legal justification – a “ground for processing”. This fundamental feature of EU data protection law will remain unchanged under the Regulation. However, the bar for showing the existence of certain grounds for processing will be set higher. This is especially true with regards to consent.

Posted in Consumer Privacy, International/EU Privacy

Sweep Reveals Scale of Cookie Consent Non-Compliance

The results of an international investigation into the cookie consent practices of 478 websites frequently visited by European citizens have now been published. The outcome is perhaps unsurprising: cookies are used en masse by websites operating in Europe, their expiry dates are often excessive, and crucially, not enough is being done to provide notice and obtain valid consent for the use of cookies and other device identifying technologies. The specific websites that were investigated are not identified (as yet), however those selected were amongst the 250 most frequently visited by individuals within each member state taking part in the investigation (as ranked by Alexa.com). Sites in the media, e-commerce and public sectors were targeted in particular because they are perceived by the EU data protection regulators to present the greatest data protection and privacy risks to EU citizens.

Posted in Consumer Privacy

Internet of Things Report Released by the FTC

The Federal Trade Commission yesterday released its staff report on the Internet of Things. The report summarizes the FTC’s November 2013 workshop, “The Internet of Things: Privacy and Security in a Connected World,” and provides FTC staff recommendations in this area. Notably, the report also describes best practices for data security and data minimization, and reaffirms the FTC’s commitment to notice and choice principles. We provide below an overview of the staff’s recommendations and the concurring and dissenting views of Commissioners Ohlhausen and Wright.

Posted in Consumer Privacy

Presidential Council of Advisors on Science and Technology Stresses “Use” Issues in Report

On May 1, the Presidential Council of Advisors on Science and Technology released Big Data: A Technological Perspective. The report is billed as a technical accompaniment to the 90-day Big Data review performed by Presidential Counselor John Podesta and addresses “the nature of current technologies for managing and analyzing big data and for preserving privacy” and the evolving nature of those technologies. While the PCAST report, released to coincide with Counselor Podesta’s review, has received less media attention than the Podesta report, its findings may influence the Administration’s information-governance expectations of businesses.

Posted in Consumer Privacy

FTC Releases Long-Awaited Privacy Report: “Protecting Consumer Privacy in an Era of Rapid Change”

The FTC today released a long-awaited but preliminary Staff Report that examines the status of privacy law and enforcement by the agency and proposes a framework for a greater consumer privacy protections in the products and services developed by businesses. The Report continues an examination of current privacy protections and raises a series of specific questions on which public input is requested.

Posted in Consumer Privacy

If the Online Notice is Too Complex, Does That Open the Door to Tort Claims?

A federal court in Hawaii is allowing a tort claim to proceed against a videogame maker for not warning a user that he could become addicted to the videogame and be a “joystick junkie”, notwithstanding the limitation of liability contained in the End User Licensing Agreement. This entry explores the implications of such a tort claim in the context of privacy notices and suggests a way to thwart such claims and at the same time better inform consumers.