FTC Commissioner Brill Enlightens Audience at Proskauer's Annual Privacy Event

On October 19, 2010, speaking at the annual Proskauer on Privacy conference, the Federal Trade Commission's newest Commissioner, Julie Brill, had a lot to say about self-regulation, teen privacy and other FTC privacy initiatives.  Commissioner Brill also commented upon the need to "re-think" privacy in order to keep pace with today's technologically advanced society.  According to Commissioner Brill, both the Notice and Choice model and the Harm model rely on a theoretical distinction between personally identifiable information and non-personally identifiable information that is "increasingly out of touch with technological advances that allow previously non-identifiable data to be 're-identified.'"  In addition, she said, "traditional privacy frameworks have not been sufficient to promote competition based on privacy."  So exactly how do we re-think privacy, and what will that mean for all of us?

Click here to read everything else Commissioner Brill had to say, in her own words.

French Data Protection Agency Issues Guidelines to Help Companies Strengthen the Security of their Data Processing

To assist companies to comply with European data protection laws, in particular those implemented in France, the French Data Protection Agency (known as “CNIL”) recently issued a set of guidelines organized by topic which provide elementary precautions to be taken by data controllers in several subject areas, including what types of conduct are prohibited as well as the CNIL’s recommendations in these areas. 

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Superiority Beats Enormity: 9th Circuit Rejects Denial of FACTA Class Certification Based on Disproportionality of Damages

In a decision filed September 27, 2010, the U.S. Court of Appeals for the Ninth Circuit reversed a California district court’s refusal to certify a class action alleging violations of the Fair and Accurate Credit Transactions Act (“FACTA”) because, among other things, the defendant’s potential liability for statutory damages was out of proportion to any harm suffered by the plaintiff. In a complete rejection of the lower court’s decision, the Ninth Circuit ruled that none of the three grounds advanced below – the disproportionality between the potential liability and the actual harm suffered, the enormity of the potential damages, or the defendant’s good faith compliance with FACTA after being sued – justified denying class certification on superiority grounds. The Ninth Circuit’s decision narrows, if not eliminates, the potential for disagreement among district courts on an issue that has for some time been a fly in the ointment for class action plaintiffs (and their attorneys) hoping for big paydays on account of harmless technical violations of FACTA.

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Update: Internet Advertising Groups Launch Self-Regulation Program

Updating previous reports, a consortium of internet advertising trade groups recently launched a self-regulatory program which adopts a universal icon to inform consumers when advertisements are targeted as a result of data tracking:

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