Privacy Law Blog : Privacy Lawyers & Attorneys : Proskauer Rose Law Firm : CAN-SPAM, FCRA, FACTA

FTC staff issued a statement today proposing four “self-regulatory” principles to guide businesses engaged in online behavioral advertising. FTC staff also seeks public comments on these principles as well as additional information on what other uses businesses are making of online tracking data. Interested parties can submit comments by February 22, 2008. 

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In a case of first impression, the Arizona Court of Appeals recently considered the ability of a litigant to determine the identity of an anonymous Internet user. Mobilisa, Inc v. Doe, Case No 1-CA-CV 06-0521, 2007 Ariz. App. LEXIS 225 (Ariz. Ct. App., November 27, 2007). While the Court did not require disclosure of an anonymous Internet user’s identity (as the lower court had done), it set forth a balancing test to consider whether or not the user’s identity should remain anonymous. Thus, the Arizona court recognized that there may indeed be circumstances where anonymity must fall and a user’s identity must be disclosed in litigation.

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US employers are sometimes required for diversity purposes to collect data regarding the race and ethnicity of their employees.  However, collection of such “sensitive” data may infringe EU data protection laws under Article 8 of the EU Data Protection Directive.  This blog post is designed to provide some basic information about Article 8 and its exceptions.  It relates only to the collection of sensitive data from EU-based employees and does not address cross-border data transfer issues.

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Following is an updated list of citations to state data breach notification laws. We also note that as of January 1, 2008, California’s data breach notification law, Civil Code § 1798.82, will include "medical information" and "health insurance information" in the definition of personal information. Also, any business "maintained for the purpose of managing medical information" must comply with the prohibitions of California’s Confidentiality of Medical Information Act, effective January 1. These changes were enacted through A.B. 1298, signed by Governor Schwarzenegger on October 14, 2007.

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