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California Amends Data Breach Notification Law

Posted in California, Data Privacy Laws

On September 27, 2013, California Governor Jerry Brown signed into law an amendment to California’s breach notification law (Cal. Civ. Code § 1798.82).  Effective January 1, 2014, under the amended law, the definition of “Personal Information” will be expanded to include “a user name or email address, in combination with a password or security question… Continue Reading

Colorado and Washington Join Growing List of States Prohibiting Employer Access to Employee Social Media Accounts

Posted in Workplace Privacy

Colorado on May 12, 2013 and Washington on May 21, 2013 joined the likes of California, Maryland, Utah and New Mexico by prohibiting employers from requesting that prospective and current employees disclose their username and password to their personal social media accounts.  Our Labor & Employment group discussed the Colorado law here and the Washington… Continue Reading

New Mexico Joins Other States in Prohibiting Employers from Requesting Access to Applicants’ Social Networking Accounts

Posted in Workplace Privacy

On April 5, 2013, New Mexico joined six other states (including, among others, Utah, Maryland and California) in passing a new law prohibiting employers from requesting or requiring that a prospective employee provide access to his or her social networking accounts.  Proskauer’s Labor & Employment group has discussed the new law here. 

Utah’s New Internet Employment Privacy Law Continues a Growing Trend

Posted in Workplace Privacy

Following a growing trend among states, on March 26, 2013, the Utah legislature passed the Internet Employment Privacy Act, which prohibits employers from requesting that job applicants or employees disclose passwords protecting their personal internet accounts.  Proskauer’s Labor & Employment group has discussed the new law here.

California Attorney General Issues Recommendations for Mobile Ecosystem Stakeholders

Posted in California, Mobile Privacy

Ever on the forefront of consumer privacy protection, California is again making news in the privacy world with the California Attorney General’s recent publication of “Privacy on the Go: Recommendations for the Mobile Ecosystem,” which includes privacy recommendations for app developers, app platform providers, mobile ad networks, makers of operating systems and mobile carriers.  With… Continue Reading

Take Two of These, and I will Text you in the Morning (Because It’s Permitted Under the TCPA)

Posted in Direct Marketing

In its Memorandum Opinion and Order dated November 9, 2012, the US District Court for the Northern District of Alabama in Pinkard v. Wal-Mart Stores, Inc. held that under the Telephone Consumer Protection Act (TCPA), when an individual discloses his or her cellular phone number to a business, that individual is deemed to have expressly consented… Continue Reading

Connecticut Amends Data Breach Notification Law

Posted in Data Privacy Laws

On the heels of Vermont’s recent amendment to its data breach notification law, Connecticut’s legislature recently amended its own data breach notification law. The amended law will take effect on October 1, 2012.

Vermont Amends Security Breach Notification Law

Posted in Data Privacy Laws

On May 8th, Vermont became the most recent state to amend its security breach notification law. Among the many changes, companies that are affected by a data breach are now required to notify the Attorney General of Vermont within 45 days after the discovery or notification of the breach.

The FTC Has Your Back, Even When It’s Naked: FTC Orders P2P Program’s Default File Sharing Settings Changed

Posted in FTC Enforcement

FrostWire LLC (a P2P file-sharing software company) agreed to change the default privacy settings on its mobile and desktop applications and agreed to clearly disclose its applications’ content sharing options pursuant to a settlement agreement with the FTC which resulted from claims by the FTC that FrostWire’s content sharing practices violated the FTC Act.

COPPA Violations? Cop a Settlement for $3 Million

Posted in Children's Online Privacy Protection Act

Playdom, Inc., an online game company owned by Disney, and Playdom’s CEO, Howard Marks, agreed to pay $3 million to settle charges brought by the FTC that they violated COPPA by collecting, using and disclosing the personal information of children under the age of 13 without their parents’ prior, verifiable consent. The $3 million settlement is the largest civil penalty ever for a COPPA violation.