Category Archives: Privacy

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Products or Services That Cannot Be Sold To California Minors Cannot Be Advertised To Them Online, Either

California Governor Jerry Brown recently signed into law S.B. 568, the first bill of its kind in the nation. S.B. 568 enacts two new statutes under the title “Privacy Rights for California Minors in the Digital World.” The first, Business and Professions Code section 22580, prohibits advertising certain products to minors online. The second, Business … Continue Reading

California Enacts New Data Privacy Laws

As part of a flurry of new privacy legislation, California Governor Jerry Brown signed two new data privacy bills into law on September 27, 2013: S.B. 46 amending California’s data security breach notification law and A.B. 370 regarding disclosure of “do not track” and other tracking practices in online privacy policies. Both laws will come … Continue Reading

FTC Updates COPPA FAQs

Following up on the new Children’s Online Privacy Protection Act (COPPA) Rule that went into effect on July 1, 2013, the Federal Trade Commission has released an updated set of FAQs to provide additional clarity and information about the new Rule. Notably, the FAQs provide further guidance on COPPA’s “actual knowledge” standard as well as regarding the … Continue Reading

Path/FTC Settlement – Much More Than A Slap On The Wrist

On February 1, 2012, “smart journal” application provider, Path, Inc. (“Path”) agreed to settle Federal Trade Commission (“FTC”) charges that it deceived consumers and improperly collected personal information in violation of the FTC Act and the Children’s Online Privacy Protection Act (“COPPA”). Mobile platforms and application providers should take note of this settlement and the … Continue Reading

FTC Updates To Online Privacy Acts, COPPA And VPPA

The Children’s Online Privacy Protection Act (“COPPA”) was enacted to place parents in control over what information is collected, used and disclosed from young children online. COPPA applies to operators of commercial websites and online services directed to children under the age of thirteen that collect, use, or disclose personal information from children, and to … Continue Reading

Third Circuit Issues Decision in New Jersey Gift Card Escheat Suit

By Craig Cardon, Brian Anderson, Rachel Hudson.   On January 5, 2011, the Third Circuit issued its decision in New Jersey Retail Merchants Association v. Sidamon-Eristoff, Case No. 10-4551 (3d Cir. Jan. 5, 2012). The appellate court affirmed the decision of the District Court partially granting and partially denying a motion for a preliminary injunction … Continue Reading

Compliance Deadline Looms for New Transparency in Supply Chains Act

On January 1, 2012, the California Transparency in Supply Chains Act of 2010 will become effective. This legislation will require every large retailer and manufacturer doing business in California to publicly disclose whether it has taken specified actions to eliminate slavery and human trafficking from its product supply chain. The Act does not require a … Continue Reading

Who’s Right On Privacy?

Advertisers are constantly looking for new ways to obtain more information from and about online consumers in an effort to provide a more enriching and satisfying online experience for the consumer.  At the same time, consumers are becoming more and more knowledgeable about the online collection of their information and are finding new ways to … Continue Reading

California Data Breach Notification Law Vetoed

This week the Governor of California vetoed what would have been a landmark law on data breach notification. The law sought to strengthen the notification required when databases of personal information are compromised. California’s existing data breach law, which will continue unamended, requires companies and state government agencies to notify individuals when their personal information … Continue Reading

Efficiency v. Privacy: Is Online Behavioral Advertising Capable of Self-Regulation?

The Dilemma In what began as an innovative way to improve advertising efficiency, online behavioral advertising has spawned “Big Brother”-type fear among watch-dog groups worried about consumer privacy. According to the advertising industry’s “Self-Regulatory Principles For Online Behavioral Advertising,” online behavioral advertising is “the collection of data from a particular computer or device regarding Web viewing … Continue Reading
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