November 2014

The Article 29 Working Party, which is composed of representatives of DPA’s from every European country, has recently rendered an opinion (http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp223_en.pdf ) on data privacy issues surrounding the development of the “Internet of Things” (IoT), which includes wearable computing, quantified self devices, and domotics. Although such data is generated by “things” or devices, it is considered personal data because it may enable the life pattern of a specific individual to be discerned. After identifying the major privacy issues raised by such devices, the Article 29 Working Party made a series of recommendations to IoT stakeholders.

On October 28, the Online Interest-Based Advertising Accountability Program (Accountability Program), released five decisions in which the website operators  have agreed to update their respective websites to provide enhanced notice as required under the Self-Regulatory Principles for Online Behavioral Advertising (OBA Principles).  The Accountability Program enforces the OBA Principles on

Last Thursday the Federal Communications Commission (FCC) issued an order confirming that companies must include opt-out instructions on all fax ads, even for recipients who previously agreed to receive a fax from the company. The order clarifies that solicited fax ads, like unsolicited ads, must also comply with the rules set forth in the FCC’s 2006 Junk Fax Prevention Order.  All fax ads must contain an opt-out notice that (1) is clear and conspicuous and on the first page of the ad, (2) states that the recipient may make a request to the sender not to send any future ads, and (3) contains a domestic phone and fax number so that the recipient has a contact for opt-out purposes.