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

Still don't really understand all the media attention on Facebook's, Twitter's and Google's user privacy woes?  In a recent video interview by Bloomberg's Spencer Mazyck, Proskauer's Kristen Mathews explained the issues in a way that anyone can understand.  In this video interview, Mathews discussed the background of the recent media scrutiny over Facebook's and Myspace's sharing of user data with application vendors, ad networks and data aggregators.  She also discussed the legal challenges to Google's use of gmail information to launch its Buzz social network, and the Federal Trade Commission's settlement with Twitter pertaining to security vulnerabilities in Twitter accounts.  She also discussed industry standards and pending legislation in this area. 

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Insurance broker-agents in California no longer are required to send customers annual privacy notice forms permitting them to opt-out of information sharing.  Insurance broker-agents thus may now use customers’ nonpublic personal information to shop around for better policies at renewal.

On November 4, 2010, California’s Office of Administrative Law repealed California Code of Regulations(C.C.R.) § 2689.8(c)(3), upon the recommendation of the California Department of Insurance and Insurance Commissioner (and unsuccessful gubernatorial candidate) Steve Poizner.  The move finally harmonizes C.C.R. § 2689.8 with Financial Code § 4056.5(b), effective July 1, 2004, which expressly permits broker-agents to use nonpublic personal information without obtaining prior customer consent to shop for new policies on renewal, and should reduce the paperwork and expense broker-agents previously incurred in mailing annual opt-out notices to all customers.
 

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A preliminary injunction recently obtained by the State of Missouri against Sirius XM Radio, Inc. provides a reminder that some states have "Do Not Call" lists that are separate from the National Do Not Call Registry maintained by the Federal Trade Commission and the Federal Communications Commission.

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On Thursday, October 28, 2010, the Payment Card Industry Security Standards Council (the “Council”) promulgated version 2.0 of its Data Security Standard (“PCI DSS”) which sets forth data security standards for payment card processers. The Council also updated its Payment Application Data Security Standard (“PA DSS”) which sets forth data security standards for software vendors that develop payment applications. Each new Data Security Standard will take effect on January 1, 2011.

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