The Privacy Law Blog covers a wide range of legal issues relating to privacy such as the Children’s Online Privacy Protection Act, Communication Decency Act, Data Privacy Laws, FTC enforcement, financial privacy, Fourth Amendment, identity theft, invasion of privacy, national security, online privacy, pretexting, Security Breach Notification Laws, and workplace privacy. This blog is published by the Privacy and Data Security Practice Group at Proskauer Rose LLP.
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In a unanimous decision on March 1, 2011, the Supreme Court held in Federal Communications Commission v. AT&T Inc. that corporations do not have personal privacy rights under the Freedom of Information Act (FOIA), reversing a 2009 Third Circuit decision (which we blogged about...
The U.S. District Court for the District of Columbia has ruled that the Federal Trade Commission's Red Flags Rules cannot be enforced against lawyers, saying that the FTC's interpretation of the Fair and Accurate Credit Transactions Act overreaches, and its application to lawyers is unreasonable....
With social networking sites proliferating across international boundaries, privacy and data protection concerns are becoming increasingly relevant. With these concerns in mind, the Article 29 Working Party, an independent European advisory body on data protection and privacy, adopted...
On December 17, 2009, a class action suit was filed against online movie rental giant, Netflix, Inc., in the United States District Court for the Northern District of California. Plaintiffs in the suit are claiming that Netflix has “perpetrated the largest voluntary privacy breach to...
If the European Commission has anything to say about it, starting about 18 months from now companies will have to start obtaining consent from Web site visitors to place cookies on their computers. Last week, the European Parliament approved amendments to Europe’s e-Privacy Directive (see...
Supreme Court of California Decision Upholds Promotional E-mail Sender's Method of Avoiding E-mail Filters
As a result of a recent Supreme Court of California decision, businesses may find it a little easier to send commercial e-mail advertisements. On June 21, 2010, the Supreme Court of California held that Vonage did not violate California law by sending commercial e-mail advertisements to...
In January 2009, we reported on the postponement of a controversial federal regulation resulting from a legal challenge filed by Proskauer Rose on behalf of several trade organizations, including the U.S. Chamber of Commerce. The rule, the result of an executive order signed by then-President...
In mid-September, Maine’s “Act to Prevent Predatory Marketing Practices against Minors” is scheduled to take effect. Due to the lack of a scienter element in several of the requirements of this new law, this Act could have far-reaching consequences for all businesses that...
In a draft research paper titled "Empirical Analysis of Data Breach Litigation", three prominent scholars have collected and analyzed a sample of over 230 federal data breach lawsuits in order to deduce just what makes them tick. Romanosky, Hoffman and Acquisti examined, for example, what...