How to Incorporate Privacy by Design Into Your Business

Olartemoure Blog

Privacy by Design is the integration of data processing procedures to every stage of business practices. The European Data Protection Board has established the most complete guidelines regarding Privacy by Design and by Default as set forth in the European Union’s GDPR (1).

New Primer on the California Privacy Rights Act (CPRA)

Technology & Marketing Law Blog

In summer 2018, I wrote a short primer on the California Consumer Privacy Act (CCPA) soon after its passage. The passage of the California Privacy Rights Act (CPRA) in November 2020 necessitated a complete revamp. Privacy/Security

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Instacart’s Privacy Policy Protects Stripe from Consumer Privacy Claims–Silver v. Stripe

Technology & Marketing Law Blog

Instacart purports to bind consumers to its privacy policy via this screen: (Sorry for the poor image resolution. The court says Instacart creates an enforceable sign-in-wrap (ugh): The Court finds Instacart’s privacy policy conspicuous and obvious for several reasons.

‘365 for Business’ Users’ Privacy Lawsuit Dismissed–Russo v. Microsoft

Technology & Marketing Law Blog

Instead, the allegations recount Microsoft’s numerous (robust) privacy-related representations made to customers. Washington Privacy Act : Plaintiffs also asserted claims under Washington’s one-party consent statute. Court Sends Google Assistant Privacy Lawsuit Back for a Redo.

A new wrinkle in Internet privacy

Likelihood of Confusion

The Alex Kozinski dustup has everyone clucking his tongue over the seemingly inevitable march toward realization of the dictum that there is no expectation of privacy for anything going on. The post A new wrinkle in Internet privacy appeared first on LIKELIHOOD OF CONFUSION™.

Hey—You’re Muted! Privacy in the Zoom-Era

IPilogue

Privacy has been a reoccurring issue debated across the world as virtual communication is no longer seen as an option but essential to working remotely during a pandemic. Not only does this violate our privacy rights, but it also creates a bigger ethical dilemma within the economic market.

Ontario Ministry Of Government And Consumer Services Launches Consultation On Modernizing Ontario’s Privacy Protection Framework

IPilogue

On June 17, 2021, the Ontario Ministry of Government and Consumer Services (MGCS) announced the launch of public consultation on the MGCS’ white paper, which outlines proposals for reforming Ontario’s privacy protection framework. .

Privacy Plight: Apple’s Proposed Changes & Consumer Pushback

IPilogue

In August, Apple made headlines by introducing new privacy features in their upcoming software updates. Over the years, Apple has cultivated a strong reputation as a protector of consumer privacy. Photo by Jimmy Jin ( Unsplash ).

The Law Bytes Podcast, Episode 103: Privacy Reform Comes to Canada – Chantal Bernier on the Passage of Quebec’s Bill 64

Michael Geist

Privacy reform in Canada has lagged at the federal level with the efforts to update PIPEDA seemingly going nowhere, but multiple provinces have moved ahead with amending their own laws. Show Notes: Bill 64 on Modernizing Quebec privacy law – Why It Matters and How to Prepare for It.

Biometric Information Privacy Programs

LexBlog IP

Illinois’s Biometric Information Privacy Act (BIPA) continues to be a problem for employers who are using biometric information such as palm readers or fingerprint timekeeping software. Companies collecting biometric information from Illinois residents may wish to confirm that they have a Biometric Information Privacy Program in place. Most of the laws and bills are similar to BIPA but, as always, when it comes to privacy laws, they are not identical.

IPSC Panel 12 – Identity, Data, and Privacy

43(B)log

Dustin Marlan, The Dystopian Right of Publicity Privacy problems (surveillance) are often analogized to the dystopia of 1984; ROP problems stemming from infinite transferablility can be analogized to Brave New World (1932). Rothman: Does not agree that ROP is the coined opposite of the right of privacy, nor that it should have a purely economic and commercial focus. Privacy may have untapped potential for dealing with these misattributions, especially false light.

Privacy Tip #295 – Privacy Concerns in 2021

LexBlog IP

As we work through the second half of 2021, not quite out of the pandemic, still working remotely sometimes or all the time, data privacy and security concerns are more important today than ever before. The changing landscape of technology, the increased sophistication of organized crime using digital tools, and the continued lack of awareness of data privacy and security concerns are making 2021 more hazardous than previous years.

A 24/7 Police Line-up: Clearview AI, the RCMP, and Privacy Laws

IPilogue

Reports of racial bias and Canadian privacy law violations weaken the argument for implementing FRT. The special report specifically investigates the RCMP’s use of Clearview AI (with FRT), pursuant to section 39(1) of Canada’s Privacy Act. Photo Credit: Michael Jakubowski ( Unsplash ).

The Office Of The Information And Privacy Commissioner Of Ontario Responds To The Province’s Proposal For Private Sector Privacy Law Reform

IPilogue

On September 7, 2021, the Office of the Information and Privacy Commissioner of Ontario (IPC) issued its response to the Ontario government’s white paper on proposals for a provincial private sector privacy law, as previously reported by the E-TIPS® Newsletter here.

Playing with privacy? Privacy and cybersecurity considerations in esports

LexBlog IP

The world of competitive video gaming implicates a complicated patchwork of privacy laws, and esports companies need to keep in mind some key issues when assessing privacy and cybersecurity obligations. This was originally published by Esports Insider on June 24, 2021.

The Real George Costanza and the Right to Privacy

JIPEL Copyright Blog

Michael Costanza filed a $100 million lawsuit against Jerry Seinfeld, Larry David (the show’s co-creator), and NBC for invasion of privacy, defamation, and being cast in a false light. For one thing, newsworthy events and matters of public interest do not violate the state’s right to privacy.

Senators Tear into Facebook and Google Reps During ‘Big Data, Big Questions’ Hearing on Competition and Privacy

IP Watchdog

Antitrust Business Capitol Hill Government IP News IPWatchdog Articles Legislation Technology & Innovation Apple big data big-tech competition Congress Facebook Google privacy law Senator Amy Klobuchar Senator Mike Lee technology

California Info Privacy Law and the eSports Industry

JIPEL Copyright Blog

What does the “data” in data privacy mean? In the data privacy context, most people likely think of things like one’s name, email address, phone number and so on, all of which is correct. In June 2018, California enacted the California Consumer Privacy Act (CCPA). At the time of enactment, the CCPA was already the strongest consumer privacy law in the nation but the California electorate decided to take it even further.

Biometric Privacy Class Action Against DAL Global Service will Proceed

LexBlog IP

DAL Global Services LLC , an aviation ground handling service provider, was hit with a proposed biometric privacy class action in April of this year in the U.S. Plaintiff, Eric Nseumen, brought claims against DAL, his former employer, for alleged violations of the Biometric Information Privacy Act (BIPA). District Court for the Northern District of Illinois.

Illinois, We Have a Problem: Judge Refuses to Dismiss IRPA Privacy Claim Against RocketReach

JD Supra Law

A U.S. district judge in Illinois recently denied a motion to dismiss in a class action involving an alleged violation of the Illinois’ Right of Publicity Act (IRPA).

Privacy and Security Roundup: New consumer privacy laws, big developments in ransomware attacks and the FBI’s Operation Trojan Shield

LexBlog IP

More states, including Ohio, are working on comprehensive consumer privacy laws that could impact how companies share data. A new comprehensive consumer privacy law. Ohio may soon Join California, Colorado and Virginia in enacting a comprehensive data privacy law.

Smart Toys and How they May be Invading our Privacy

LexBlog IP

While smart toys can certainly be useful educational tools for children, they also present some potential privacy risks and could invade what is traditionally a private space.

Privacy Tip #303 – Russian Hacking Group Targets Gmail Users

LexBlog IP

If you think the Russians are only targeting U.S. companies and the defense industry, think again. The cyber war between Russia and the U.S. has escalated since the President threw down the gauntlet on Putin, and the retaliation is to attack Gmail users in the U.S. Yes, Gmail users are part of the war.

Data Privacy in the USA: Where does Florida rank? Where are we heading?

LexBlog IP

Currently, there is no broad, generally applicable federal law or regulations concerning data privacy, the collection and use of data or consumers’ rights regarding same. California has led the charge and its data privacy laws are generally regarded as the strongest and most consumer-friendly.

Privacy Tip #293 – Location, Location, Location-Based Services

LexBlog IP

After reading my colleague’s post on the priest who resigned from his high-profile position after his location was tied to Grindr, I thought it would be useful to remind readers to think about that privacy setting a bit more. In sum, when you download an app, the Privacy Policy of that app will tell you what type of data that app is collecting from your phone. Delete any apps that you are not comfortable with the Privacy Policies.

Colorado Newest State to Adopt Consumer Privacy Law

LexBlog IP

With the signature of Governor Jared Polis last week on the Colorado Privacy Act, Colorado became the third state (following California and Virginia) to adopt a comprehensive consumer privacy law. The Colorado consumer privacy law goes into effect on July 1, 2023.

The Safety of an Employee’s Personal Information: A Look at Data Privacy Concerns

LexBlog IP

Data privacy concerns have undoubtedly spiked during the pandemic due to new categories of identifiable personal data being collected from employees. By: Lashania White.

September Privacy and Security Roundup: Funding national cybersecurity, violating Safeguards Rule and fighting cyber threats

LexBlog IP

Broadly, commentators have also noted that the UK may seek to more definitively chart its own course on privacy, a move which could have adequacy implications with respect to the EU. Privacy may now be in the public consciousness and something companies are more likely to take seriously.

Modern monarchy and the media: Duchess of Sussex wins historic privacy case against the British tabloids

IP Whiteboard

The Duchess of Sussex) was recently granted summary judgment in a privacy claim against Associated Newspapers Limited, over the publication of extracts from a hand-written letter to her father (see HRH The Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 273 (Ch) ). As we have alluded to in earlier IP Whiteboard articles, [15] domestic privacy law in the United Kingdom is vastly different to that in Australia. Copyright privacy royalty united kingdom

@cgartenberg: Reddit CEO says TikTok is ‘fundamentally parasitic,’ cites privacy concerns

The Trichordist

Reddit CEO says TikTok is "fundamentally parasitic" but artists keep driving fans to have their data scraped. Artist Rights TikTok TikTok Drug Dealing China National Intelligence Law Chinese Communist Party Internet Addiction

Progress or Impediment? Global Privacy Law’s Impact on the Data-Driven Music Industry

LexBlog IP

Evidently, controlling and exploiting personal music data is valuable; however, trends in global privacy law relating to personal data protection and personal privacy rights threaten to reduce widespread accessibility to this resource. By: Michaela Cappucci.

It’s Cybersecurity Awareness Month: Join Us As We Discuss Privacy + Cybersecurity

LexBlog IP

October 20 – Kathryn Rattigan will present the West LegalEdcenter live CLE program “ Smart Toys and How they May be Invading our Privacy ” October 21 – Linn Freedman and Kathryn Rattigan will present the Rhode Island Bar Association CLE “ Smart Devices: In Your Home, Your Car and in Your Office ” The program is available via live webcast or in person.

Infographic | What is privacy by design?

Olartemoure Blog

La entrada Infographic | What is privacy by design? Data Privacy Infographics data data privacy data protection data security infographic privacy privacy by design securityse publicó primero en OlarteMoure | Intellectual Property.

Privacy Tip #299 – Creepy SpyFone Banned by FTC

LexBlog IP

In a second case against stalkerware apps and the first where the FTC has banned a company from doing business, the FTC announced on September 1, 2021, that it has “banned SpyFone and its CEO.from the surveillance business over allegations that the stalkerware app company secretly harvested and shared data on people’s physical movements, phone use, and online activities through a hidden device hack.”

Precedential No. 25: TTAB Rejects Proposed Modification of Standard Protective Order, Refuses to Apply EU Privacy Regulation

The TTABlog

The GDPR is an EU regulation that seeks to protect the privacy of EU citizens' personal data by limiting transfer of such information among EU member states as well as between EU countries and the United States.

Madras HC on the Right to be Forgotten: A Welcome Development? (Part I)

SpicyIP

In doing so, I examined the state of law on the RTBF, judgments of various High Courts and the implications of the matter before the Delhi HC for the future of the right to privacy vis-à-vis judicial transparency and public access to information. Privacy privacy Right to Be Forgotten

“You’ll hook up with a hot chick, and then they figure out you’re not making any money from it and they’ll dump you”

Clancco

Feature Privacy album covers nirvana right of privacy right of publicity spencer eldenThe famous Nirvana baby on why he’s suing…Nirvana.

Privacy Tip #298 – Help AGs Try to Protect Children’s Data

LexBlog IP

Some are more aggressive than others, such as New Mexico Attorney General Hector Balderas, who recently sued Rovio Entertainment, the maker of Angry Birds, alleging that Rovio violated the Children’s Online Privacy Protection Act (COPPA) by collecting data on players under the age of 13 and disclosing it to advertisers. As a former Assistant Attorney General, I have a soft place in my heart for Attorneys General as consumer protection advocates.

Privacy Tip #292 – Some Mint Mobile Users’ Information Compromised

LexBlog IP

Mint Mobile notified a “small number” of customers last weekend that their personal information was compromised between June 8 and June 10, when a threat actor ported the phone numbers of those customers to another carrier without authorization.

Privacy Tip #302 – A Rough Week for Facebook/Instagram: Seize the Opportunity to Chat with Your Kids

LexBlog IP

Facebook had a rough week on many fronts, including the publishing of “The Facebook Files” by the Wall Street Journal, segments on CBS Sunday Morning , the revelation of on 60 Minutes of Frances Haugen as the whistleblower, and culminating with the testimony of the whistleblower before Congress.

Privacy Tip #297 – Vulnerability in Smart Home Devices Including Baby Monitors

LexBlog IP

I would add to limit the use of IoT devices and to closely follow the device’s privacy policy and updates. Mandiant, a division of FireEye, has reported that it has discovered a vulnerability in a software protocol that enables hackers to gain access to audio and visual data on smart devices including baby monitors and web cameras. The protocol was created by Taiwanese Internet of Things vendor ThroughTek, and is incorporated in as many as 83 million devices.

Court Casts Doubt on the Legality of the Data Brokerage Industry–Brooks v. Thomson Reuters

Technology & Marketing Law Blog

Although the publishing of Plaintiffs’ most private and intimate information for profit might be a gross invasion of their privacy, it is not a misappropriation of their name or likeness to advertise or promote a separate product or service.

CCPA Definitions Confuse the Judge in a Data Breach Case–In re Blackbaud

Technology & Marketing Law Blog

Walmart. * The Anticipated Domino Effect: Virginia Passes Second State “Comprehensive” Privacy Law (Guest Blog Post). * SF Chronicle Op-Ed: “Prop. 24 is the Wrong Policy Approach, at the Wrong Time, via the Wrong Process”. * Over 50 Privacy Professionals & Experts Oppose Prop.