Category Archives: Online Privacy

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California Pioneers IoT Security Legislation

California’s governor recently signed into law a bill requiring connected device manufacturers to include “reasonable” security features for connected devices sold in California. The law doesn’t go into effect until January 1, 2020, and requires that the devices have security “appropriate to the nature and function of the device” and appropriate to the type of … Continue Reading

Apple Imposes Privacy Policy Requirement for All Apps Operating on its Platform

As Apple recently reminded developers, starting on October 3, 2018 it will require all apps being submitted for distribution through its app store, or for testing by its TestFlight service, to have a publicly posted privacy policy. This requirement was incorporated into Apple’s App Store Review Guidelines and will apply to all new apps, as … Continue Reading

UK’s ICO Fines Marketing Company Over Unsolicited Emails

The UK’s data protection authority, the ICO, recently fined marketing firm Everything DM Ltd for sending almost 1.5 million marketing emails without obtaining sufficient consent as required by the UK’s Privacy and Electronic Communications Regulations. In particular, the company sent messages on its clients behalf, the messages appeared to the recipient to come from the … Continue Reading

New York Federal Court Dismisses Nationwide Class Action Arising Out of Alleged Spying by E-Commerce Retailers

In a victory for online retailers, a New York federal court recently dismissed three putative class action lawsuits brought on behalf of website visitors whose mouse clicks, keystrokes, and electronic communications were tracked by a third-party marketing company. The cases were filed against three e-commerce retailers—Casper (a mattress manufacturer and retailer), Tyrwhitt (a men’s clothing … Continue Reading

Unixiz Settles COPPA Allegations with NJ AG

Unixiz, operator of the i-Dressup site, reached an agreement with the New Jersey Attorney General to settle charges that the company had violated the Children’s Online Privacy Protection Act and the New Jersey’s Consumer Fraud Act. The New Jersey AG claimed that Unixiz violated these statutes by collecting information about children without first getting parental … Continue Reading

FTC Provides Insight into COPPA Deletion Requirements

The Federal Trade Commission recently posted a blog entry reminding companies about the deletion requirements under the Children’s Online Privacy Protection Act. Namely, that companies under the Act must give parents the right to review and delete their children’s information. In addition COPPA also requires companies to delete children’s personal information when the information is … Continue Reading

DoC Comments on Privacy Shield In Advance of GDPR

The Department of Commerce issued an update to explain how it has supported the E.U.-U.S. and Swiss-U.S. Privacy Shield frameworks. As we have written previously, the Shield gives E.U. companies a basis under which it can send personal data to entities in the U.S. The comments from Commerce come after the Europeans raised concerns about the … Continue Reading

NJ AG Settles with Chinese Firm Over COPPA Violations, FTC Sends Warning Letters

The NJ attorney general recently announced that it settled with a Chinese entity over violations of COPPA. The company promotes itself as a “virtual beauty counter,” and makes a variety of apps that let consumers virtually try on makeup. These apps include facial recognition technology, as well as photo-editing tools that allow users to customize … Continue Reading

Dawn of the New FTC

On April 26, the Senate voted to confirm nominees to all five Commissioner slots on the Federal Trade Commission. It was the first time the entire FTC has been confirmed at once since its founding in 1914. The new roster of Commissioners raises new questions about the role the FTC will play in cybersecurity and … Continue Reading

Connected Toys, COPPA, and What’s Next

The settlement between VTech Electronics Ltd. and the FTC in the first Internet-connected toys COPPA case is a reminder for companies looking to enter the connected toys space not to forget this child-focused law. The FTC complaint alleged that VTech violated the Children’s Online Privacy Protection Act and the FTC’s COPPA Rule because it collected … Continue Reading

How to Prepare Interest-Based Video Ads for the April 1 Deadline

The Better Business Bureau’s Online Interest Based Advertising Accountability Program announced that that it will require interest-based video ads to provide notice and choice to viewers as of April 1, 2018, as we reported in our Advertising blog, in compliance with the Digital Advertising Alliance’s self-regulatory principles for interest-based advertising. As providers of interest-based video … Continue Reading

France Joins Others, Enforces Against Connected Toys

France’s data protection commissioner joins others in taking action against toymaker Genesis Toys related to its popular internet-connected toys My Friend Cayla and i-Que Robot. Last December, a number of consumer groups filed complaints with regulators in the U.S. and Europe raising privacy and security concerns about the toys. The groups asserted that the toys … Continue Reading
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