Privacy & Information Security Law Blog

On August 11, 2015, the Online Trust Alliance, a nonprofit group whose goal is to increase online trust and promote the vitality of the Internet, released a framework (the “Framework”) for best practices in privacy and data security for the Internet of Things. The Framework was developed by the Internet of Things Trustworthy Working Group, which the Online Trust Alliance created in January 2015 to address “the mounting concerns and collective impact of connected devices.”

On August 17, 2015, the Federal Trade Commission announced proposed settlements with 13 companies over allegations that they misled consumers by falsely claiming to be Safe Harbor certified when their certifications had lapsed or they had never been certified at all.

On August 7, 2015, Delaware Governor Jack Markell signed four bills into law concerning online privacy. The bills, drafted by the Delaware Attorney General, focus on protecting the privacy of website and mobile app users, children, students and crime victims.

On May 25, 2015, the Privacy and Big Data Institute at Ryerson University in Canada announced that it is offering a Privacy by Design Certification. Privacy by Design is a “framework that seeks to proactively embed privacy into the design specifications of information technologies” to obtain the most secure data protection possible. Organizations that attain the certification will be permitted to post a “Certification Shield” “to demonstrate to consumers that they have withstood the scrutiny of a rigorous third party assessment, assuring the public that their product or service reflects the viewpoint of today’s privacy conscious consumer.”

On August 3, 2015, Neiman Marcus requested en banc review of the Seventh Circuit’s recent decision in Remijas v. Neiman Marcus Group, LLC, No. 14-3122. As we previously reported, the Seventh Circuit found that members of a putative class alleged sufficient facts to establish standing to sue Neiman Marcus following a 2013 data breach. During that breach, hackers gained access to customers’ credit and debit card information.

On July 28, 2015, the UK Supreme Court announced its decision to grant permission in part for Google Inc. (“Google”) to appeal the England and Wales Court of Appeal’s decision in Google Inc. v Vidal-Hall and Others.

Hunton & Williams is pleased to announce the firm’s Privacy & Information Security Law Blog has been ranked the #1 privacy and data security blog and the #4 overall legal blog by LexBlog’s 2015 Am Law 200 Blog Benchmark Report. Recently released, the report catalogues all blogs published by Am Law 200 law firms and calculates the rankings based on (1) the amount of traffic each blog generates, (2) their technology infrastructures and (3) the ability of each blog to incorporate responsive design for multiple devices. Hunton & Williams’ Global Privacy and Cybersecurity team is a ...

On August 29, 2015, the Centre for Information Policy Leadership at Hunton & Williams (“CIPL”) will host a half-day workshop in Cebu, Philippines, on the APEC Cross-Border Privacy Rules (“CBPR”) and their role in enabling legal compliance and international data transfers. The CBPR are a privacy code of conduct developed by the 21 APEC member economies for cross-border data flows in the Asia-Pacific region.

On July 27, 2015, Giovanni Buttarelli, the European Data Protection Supervisor (“EDPS”), published Opinion 3/2015 on the reform of Europe’s data protection laws, intended to “assist the participants in the trilogue in reaching the right consensus on time.” The Opinion sets out the EDPS’ vision for the regulation of data protection, re-stating the case for a framework that strengthens the rights of individuals and noting that “the time is now to safeguard individuals’ fundamental rights and freedoms in the data-driven society of the future.”

Recent class actions filed against Facebook and Shutterfly are the first cases to test an Illinois law that requires consent before biometric information may be captured for commercial purposes. Although the cases focus on biometric capture activities primarily in the social-media realm, these cases and the Illinois law at issue have ramifications for any business that employs biometric-capture technology, including those who use it for security or sale-and-marketing purposes. In a recent article published in Law360, Hunton & Williams partner, Torsten M. Kracht, and associate, Rachel E. Mossman, discuss how businesses already using these technologies need to keep abreast of new legislation that might affect the legality of their practices, and how businesses considering the implementation of these technologies should consult local rules and statutes before implementing biometric imaging.