Privacy & Information Security Law Blog

As reported in BNA’s Privacy & Security Law Report, on May 4, 2012, the United States District Court for the Southern District of California granted plaintiffs’ motion for class certification in an action against IKEA U.S. West, Inc. (“IKEA”) under the Song-Beverly Credit Card Act of 1971 (the “Song-Beverly Act”). The suit alleges that IKEA violated the Song-Beverly Act by requesting that cardholders provide their ZIP codes during credit card transactions, and then recording that information in an electronic database. The Court found that the class definition was not overbroad and that IKEA’s practice of requesting ZIP codes demonstrated common questions of law best resolved through a class action.

Hunton & Williams is pleased to announce that Chambers and Partners has ranked the firm in “Band 2” in its 2012 Chambers Europe guide for TMT: Information Technology: Belgium. Brussels managing partner Wim Nauwelaerts was recognized for his “very straightforward” and “no-nonsense approach.”

The Uruguayan Personal Data Control and Regulatory Unit has released the preliminary agenda for the 34th International Conference of Data Protection and Privacy Commissioners to take place October 23-24, 2012 in Punta del Este, Uruguay, at the Conrad Hotel. The conference theme is “Privacy and Technology in Balance.” The preliminary agenda with session descriptions and other information is available on the conference website at www.privacyconference2012.org.

As we previously reported, on May 3-4, 2012, the European data protection authorities’ (“DPAs’”) Spring Conference was held in Luxembourg, and the Data Protection Commissioners closed the conference by issuing a resolution on European data protection reform. In their resolution, the Data Protection Commissioners expressed general satisfaction with the ongoing modernization of the data protection frameworks of the European Union, the Council of Europe and the Organization for Economic Cooperation and Development.

On May 8, 2012, the Federal Trade Commission announced a settlement agreement with the social networking service Myspace LLC (“Myspace”). The FTC alleged that Myspace’s practice of sharing users’ personal information with unaffiliated third-party advertisers conflicted with representations the company made in its privacy policy, and could allow those advertisers to obtain users’ names, publicly available information and information about their online browsing habits.

Following a meeting in Sopot, Poland, on April 24, 2012, the International Working Group on Data Protection in Telecommunications (the “Working Group”), led by the Berlin Commissioner for Data Protection and Freedom of Information, issued a Working Paper that focuses on privacy and data protection issues related to the use of cloud computing in the international context. The Working Paper aims to reduce uncertainty regarding the definition of cloud computing and how the technology intersects with privacy, data protection and other legal issues.

On May 2, 2012, Australia’s Attorney General Nicola Roxon announced that the Australian government will introduce a bill to the Australian Parliament that will enact a number of the recommendations from the 2008 Law Reform Commission Report (ALRC Report 108) and reform privacy law in Australia. Discussion drafts of segments of the bill were considered by a Senate Committee in 2011. On May 4, Australian Privacy Commissioner Timothy Pilgrim presented an overview of the draft legislation at an event held during the iappANZ Privacy Awareness Week. Commissioner Pilgrim noted that the legislative package includes:

On May 3, 2012, Viviane Reding, Justice Commissioner and European Commission Vice-President, delivered a speech during the European data protection authorities’ (“DPAs’”) Spring Conference, which was held in closed sessions in Luxembourg. In her speech, Commissioner Reding discussed how the proposed EU Data Protection Regulation aimed to empower the DPAs and addressed some of the DPAs’ primary concerns with the reform.

On April 27, 2012, the Centre for Information Policy Leadership at Hunton & Williams LLP (the “Centre”) submitted comments to the latest Singapore consultation on proposed personal data protection legislation, the Personal Data Protection Act 2012. The consultation is being conducted by the Ministry of Information, Communications and the Arts and expired on April 30, 2012.

On April 26, 2012, the U.S. House of Representatives approved the Cyber Intelligence Sharing and Protection Act (“CISPA” or H.R. 3523), which is aimed at facilitating the exchange of cyber threat intelligence information between the government and certain private entities. In addition, the House approved the Federal Information Security Amendments Act of 2012 (H.R. 4257), which modifies the Federal Information Security Management Act of 2002 to provide for automated and continuous monitoring of the security of government information systems.