On January 17, 2013, U.S. Department of Health and Human Services Secretary Kathleen Sebelius announced the final omnibus rule that among other things (1) increases patient privacy protections; (2) provides individuals with new rights to receive a copy of their electronic medical record in an electronic form; and (3) provides
privacy notice
Mobile Marketing Association Releases Final Version of Mobile Application Privacy Policy Framework
By Proskauer Rose on
The Mobile Marketing Association recently unveiled the final version of the Mobile Application Privacy Policy Framework to assist application developers in drafting their mobile application privacy policies.
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Light, (Camera), Class Action! After Seven Years of Dormancy Since Inception, Businesses See Class Action Lawsuits for Alleged Violations of California’s “Shine the Light” Act
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There have been a number of class action lawsuits recently filed in California state courts against businesses for allegedly violating California’s Shine the Light privacy law.
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COPPA Violations? Cop a Settlement for $3 Million
By Proskauer Rose on
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.
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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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If You Let Them Build It, They Will Come: Regulatory Agencies Release Model Privacy Notice Online Form Builder
By Proskauer Rose on
The eight regulatory agencies that released the final model privacy notice form that satisfies the disclosure requirements under the Gramm-Leach-Bliley Act have released an Online Form Builder to assist financial institutions in meeting their obligations under the act.
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Innocent Mall Shoppers, You’re Off the Hook: Federal Agencies Release Model GLBA Privacy Notice Form
By Proskauer Rose on
On November 17, 2009, eight federal regulatory agencies released their final model privacy notice form that is intended to make it easier for consumers to understand how financial institutions collect and share information about them.
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FINRA Fines Member Firm $175,000 for Failure to Protect Confidential Customer Information
By S. Montaye Sigmon on
The Financial Industry Regulatory Authority (FINRA) announced on April 28, 2009 that it had fined Centaurus Financial, Inc., of Anaheim, California, $175,000 for Centaurus’s failure to protect confidential customer information. FINRA also required Centaurus to send notifications to affected customers and their brokers, provide one year of credit monitoring at no cost to the affected customers, and certify to FINRA that its procedures and systems are in compliance with privacy requirements. See FINRA News Release (April 28, 2009).