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:
Can I ask you a personal question? What is your computer’s IP address?
By Proskauer Rose on
In a September 8, 2010 opinion, Switzerland’s highest court announced that Internet Protocol (IP) addresses are personal information protected by the country’s data protection laws. The Swiss Federal Supreme Court’s ruling in In re Logistep AG, BGer, No. 1C-285/2009, 1C_295/2009, 9/8/10, adds to the longstanding debate over whether such information is personal information despite the fact that a single IP address can be attributed to more than one computer user. While the debate is far from over, the Logistep decision makes clear that businesses collecting information about individuals’ Internet activities, particularly those with operations in Europe, must treat IP addresses with care, as they may be protected by privacy laws in some jurisdictions.
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Recent Lawsuits Challenge Use of Flash Cookies to Track Online Behavior
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Four recent lawsuits filed against some of the Web’s biggest media companies challenge the alleged use of Flash cookies capable of circumventing a user’s ability to prevent the tracking of online behavior.
Never Make a Promise You Can’t Keep- Especially in Your Privacy Policy
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In a handful of cases, including two which were recently decided, companies have been thwarted in various, unexpected ways by the commitments made in their online privacy policies.
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Seventh Circuit Affirms District Court Decision that “Electronically Printed” Receipts Under FACTA Does Not Include Receipts Emailed to Consumers
By Charley Lozada on
On August 10, 2010, the U.S. Court of Appeals for the Seventh Circuit upheld an earlier ruling by the Northern District of Illinois Eastern Division that email order confirmations are not “electronically printed” receipts under the Fair and Accurate Credit Transactions Act (“FACTA”) amendments to the Fair Credit Reporting Act. Shlahtichman v.1-800 Contacts Inc., Case No. 09-4073 (7th Cir.; Aug. 10, 2010). The court affirmed the dismissal of Shlahtichman’s complaint against 1-800 Contacts Inc. that involved an electronic order confirmation containing Shlahtichman’s credit card expiration date.
No job? Bad credit? No problem! (In Illinois.)
By Andrew Hoffman on
Illinois recently enacted legislation that broadly restricts a private employer from using credit reports regarding job applicants or current employees.
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Sanctions for Lazy Disposal Require Drug Store Chain to Re-“Rite” its Data Security Policies and Procedures
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Rite Aid has agreed to pay $1 million to resolve allegations that it violated the Health Insurance Portability and Accountability Act (“HIPAA”) by pitching pill bottles and prescription information into publicly accessible dumpsters near Rite Aid stores. According to HHS’ resolution agreement, released on July 27, Rite Aid must implement a three-year corrective action program, which includes the adoption of revised policies and procedures concerning the disposal of sensitive health-related information, employee training programs and procedures and penalties for employees that fail to comply with them. Rite Aid also entered into a separate, but related settlement with the FTC to resolve allegations that the company failed to live up to promises made in its privacy policy.
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