“For years, the plaintiffs’ bar has conjured multibillion-dollar class action lawsuits out of largely intangible privacy harms. This wave of litigation is increasingly driven by federal and state statutes that include private rights of action and allow for excessive statutory damages. Given the willingness of some courts to let cases proceed despite a lack of
On Thursday, Federal Communications Commission (“FCC”) Chairman Tom Wheeler circulated a highly anticipated broadband data privacy and security Notice of Proposed Rulemaking (“NPRM”) to the other Commissioners, slating the proposals for a full Commission vote at the agency’s March 31 Open Meeting. The rules would apply to internet service providers (“ISPs”), but organizations throughout the
Though the U.S. Department of Health and Human Services Office for Civil Rights (OCR) has told organizations to expect the Phase 2 HIPAA audits soon for almost two years now, it appears that the audits truly are around the corner. Read More: ‘Tis the Season . . . to Prepare for Phase 2 HIPAA
As the keynote speaker for the Winnik Forum, U.S. Federal Trade Commission (FTC) Commissioner Maureen Ohlhausen sat down with Chris Wolf, Director of Hogan Lovells’ Privacy and Information Management Practice to discuss the evolving role of the FTC as we enter an era of “Big Data” and the “Internet of Things.” Commissioner Ohlhausen offered her
At the 2014 Winnik International Telecoms & Internet Forum: the Internet of Things, a wide range of policymakers, companies and other experts spoke on a variety of issues relating to the growing ability of everyday devices to wirelessly communicate with people and with each other. In particular, speakers suggested five main insights into the future
The Federal Trade Commission (FTC) recently submitted comments to the Federal Communications Commission (FCC) in which it reminded broadband Internet service providers that they are subject to several data privacy and security laws enforced by the FTC. The FTC’s comments underscore why broadband providers – as well as their vendors and business partners – must
Should privacy issues be part of merger review and competition investigations? That was the question addressed in a recent workshop convened by the European Data Protection Supervisor (the “EDPS”). A report issued after the workshop concludes that the world of “Big Data” likely will require consideration of privacy in competition matters. What was the workshop?
The U.S. Federal Communications Commission (FCC) recently adopted a Declaratory Ruling confirming that wireless carriers have an obligation to secure and protect certain information – known as customer proprietary network information or “CPNI” – collected and stored on mobile devices, if the CPNI is collected at the carrier’s direction and the carrier or its designee
Phillip Berenbroick, an Associate in the D.C. office, contributed to this entry. There has been an explosion in the number and variety of mobile payment services available to consumers in the last couple of years, with new innovations and players growing exponentially. New payments products, including peer-to peer-payments, mobile coupons, contactless options, and mobile wallets
On Tuesday, October 30, the Office of California Attorney General Kamala Harris issued a press release confirming that it had begun “formally notifying” mobile device application (“app”) operators that they are out of compliance with the notice provisions of the California Online Privacy Protection Act of 2003 (“CalOPPA”). Those companies — many of which are major marketers — now
With the ever increasing use of mobile apps designed to do everything from shopping, to online banking, to managing medical conditions, the Federal Trade Commission (FTC) recently issued guidance for the marketing of mobile apps. The guidance is intended to help companies entering the mobile app business to comply with the agency’s truth-in-advertising standard and basic
Following up on a public workshop held earlier this year, today the Federal Trade Commission (FTC) issued a set of truth-in-advertising and privacy guidelines for mobile device application (app) developers. Titled “Marketing Your Mobile App: Get it Right From the Start,” the guidelines provide an overview of key issues for all app developers to consider.
The National Telecommunications & Information Administration(NTIA) has announced that it will hold the first meeting in its long-awaited privacy multistakeholder process on July 12, 2012. According to NTIA, the goal will be “to develop a code of conduct to provide transparency in how companies providing applications and interactive services for mobile devices handle personal data.” For our analysis and summary of
As widely reported yesterday (in Computerworld, CSO Magazine, CIO Magazine, Network World, PC Advisor, Australian Techadvisor, IT World, among others) and as detailed in this article in PC World, Hogan Lovells yesterday released a White Paper at a Brussels conference organized by the Openforum Academy detailing a study about governmental access to data in the cloud. The paper was written
Proposals are on the table in both the US and EU for major changes to the privacy law framework in each region. On April 27th, the Future of Privacy Forum think tank (which was founded and is co-chaired by Hogan Lovells Privacy and Information Management Partner Christopher Wolf) hosted a trans-Atlantic policy dialogue at Facebook’s headquarters in Menlo