A three-judge panel of the Third Circuit recently affirmed a district court ruling that dismissed a suit for violation of the Fair and Accurate Credit Transaction Act of 2003 (FACTA) for lack of Article III standing. The plaintiff, Ahmed Kamal,…
Blog Archives
Third Circuit Affirms Dismissal of FACTA Suit on Standing Grounds
Tagged with: credit cards, facta, PII, privacy, regulations, standing
Posted in Litigation, Privacy, Regulations
Posted in Litigation, Privacy, Regulations
Congress Holds Hearings on Privacy and Data Protection
With all of the hubbub swirling around Capitol Hill last week with the Michael Cohen hearings, you can’t be blamed if you missed the fact that two important congressional hearings on privacy and data protection took place as well, one…
Tagged with: cyber security, data security, hearings, legislation, privacy, regulations
Posted in Data Security, Legislation, Privacy
Posted in Data Security, Legislation, Privacy
FTC Announces Record Settlement for Children’s Privacy Violations
On February 27, the FTC announced that the operators of the video social networking application Musical.ly, now known as TikTok, agreed to pay $5.7 million to settle allegations that it violated the Children’s Online Privacy Protection Act (COPPA). According to the…
Tagged with: FTC, legislation, privacy, regulations
Posted in FTC, Privacy, Regulations, Social Media
Posted in FTC, Privacy, Regulations, Social Media
Is it Time to Rethink Notice and Choice as a Fair Information Privacy Practice?
Since the 1970’s, fair information practices (FIPs) or fair information privacy practices (FIPPs) have formed the framework around which organizations structure their policies on data collection, use, disclosure, and retention. The cornerstone of individual privacy rights under the FIPs is…
Tagged with: cybersecurity, data security, policies and procedures, privacy, security practices
Posted in Privacy, Standards
Posted in Privacy, Standards
Privacy Primer: The Children’s Online Privacy Protection Act (COPPA)
COPPA is a U.S. law enacted by Congress in 1998 to address concerns regarding the online collection and disclosure of children’s personal information. Children (defined by COPPA as individuals under the age of 13) may not appreciate the significance of…
Illinois Supreme Court Sheds Light on the Importance of Strict Compliance with State’s Biometric Information Privacy Act
On January 25, 2019, in Rosenbach v. Six Flags Entm’t Corp., the Illinois Supreme Court held that an individual is an “aggrieved” party under the Illinois Biometric Information Privacy Act (“BIPA”) and may seek damages absent an allegation of harm…
Tagged with: biometrics, class action, legislation, litigation, privacy, regulations
Posted in Legislation, Litigation, Privacy, Regulations
Posted in Legislation, Litigation, Privacy, Regulations
Senators Introduce Data Care Act to Establish Duties for Online Service Providers
On December 12, 2018, Senator Schatz (D-HI), along with 15 other Senators, introduced the Data Care Act of 2018 “to establish duties for online service providers with respect to end user data that such providers collect and use.” The bill…
Tagged with: cyber security, data security, FTC, GDPR, hearings, legislation, policies and procedures, privacy, regulations
Posted in FTC, Legislation, Privacy, Standards
Posted in FTC, Legislation, Privacy, Standards
Amazon Echo Data at Center of Another Legal Battle
Amazon, Inc. is on the receiving end of another court order demanding it release the data and recordings associated with one of its Echo smart devices. For the uninitiated, Echo smart devices support voice interaction, music playback, and other administrative…
Tagged with: discovery, iot, litigation, privacy, smart devices
Posted in Internet of Things, Litigation, Privacy
Posted in Internet of Things, Litigation, Privacy
Senate Subcommittee Evaluates Expansion of the FTC’s Data and Privacy Authority
On November 27, 2018, the U.S. Senate Subcommittee on Consumer Protection, Product Safety, Insurance, and Data Security held a hearing titled “Oversight of the Federal Trade Commission,” which included testimony from Chairman Joseph Simons and Commissioners Rohit Chopra, Noah Phillips,…
Tagged with: breach, cyber security, cybersecurity, FTC, legislation, privacy, regulations
Posted in FTC, Legislation, Privacy, Regulations
Posted in FTC, Legislation, Privacy, Regulations
Technical FACTA Violation Insufficient to Confer Standing
A federal court in Texas cut short a putative class action alleging violation of the truncation requirement under the Fair and Accurate Credit Transactions Act (FACTA), sending a clear message to plaintiffs that minor inconvenience flowing from a procedural violation…
Tagged with: class action, cybersecurity, facta, litigation, spokeo, standing
Posted in Litigation, Privacy
Posted in Litigation, Privacy
