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

Earlier, we reported on the passage of a sweeping new data protection law in Mexico. Recently, the law went into effect earlier this month. The new law drastically expands the powers of Mexico's data protection authority, which has now been renamed the "Federal Institute of Access to Information and Data Protection."

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In an opinion issued on June 22, 2010, the EU Data Protection Authorities (Article 29 Working Party) clarified the legal framework applicable to online behavioral advertising – an activity that is becoming a hot topic for discussion as its popularity grows. Online behavioral advertising is, at its most basic level, the practice of gathering data, generally via cookies, about computer users for the purposes of serving tailored advertising. Some argue that such information gathering constitutes an invasion of people’s privacy. Most of the time, data subjects are not even aware that their personal data are being collected and used to create detailed user profiles and provide them with tailored advertising.

In order to remedy this lack of notice, it is becoming a common practice for advertising network providers to offer “opt-out” mechanisms so that users may, if they so wish, decline to receive targeted advertising.

Until now, the legality of such mechanisms under the EU Directive was questionable. That is no longer the case.

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Last week, the Connecticut Attorney General became the first state attorney general to enter into a settlement agreement for HIPAA violations, as a result of the new authority granted to attorneys general under the Health Information Technology for Economic and Clinical Health Act (HITECH Act).

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As a result of a recent Supreme Court of California decision, businesses may find it a little easier to send commercial e-mail advertisements. On June 21, 2010, the Supreme Court of California held that Vonage did not violate California law by sending commercial e-mail advertisements to individuals from multiple domain names for the purpose of bypassing e-mail filters. Kleffman v. Vonage Holdings Corp., No. S169195 (Cal. filed June 21, 2010).   

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