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California Supreme Court has finally issued its decision in a workplace privacy case finding that an employer's placement of a hidden camera in an office used by two employees did not violate the employees' right to privacy.
Just released - proposed amendments to the Massachusetts data security regulations -- and a three-month extension of time to comply. Stay tuned for a full analysis.
Add Michigan to the list of states that are proposing that adoption of comprehensive data security safeguards will provide a safe harbor for data breaches.

Data Breach du Jour ....

August 14, 2009| Blog

The Associated Press reports that American Express has notified some card-holders that their information may have been compromised. According to an American Express spokesperson, the breach resulted from an employee’s recent theft of data.
Just some nuggets to wrap up the week:
Here's a link to an article (by the author of this blog...) comparing the Massachusetts data security standards (effective January 1, 2010) to the Department of Health & Human Services Guidelines promulgated under the new HITECH Act (effective in mid-September).
Coming back from vacation and catching up on what’s been going on….
The Federal Trade Commission has again extended the enforcement deadline for the Red Flags Rule, according to an agency press release.
Maine Governor John Baldacci has signed a sweeping new law called "An Act to Prevent Predatory Marketing Practices to Minors." While that is a laudatory effort and responsible marketers would not want to be predatory, it is not difficult to see this law as overreaching.
Twitter feed from the event --
Article says that likely source of last week's massive DDOS attacks was the U.K. and not North Korea.
It's not necessarily a "privacy" issue, per se, but electronic discovery (known as "e-discovery") rules of litigation require that companies plan ahead with respect to document retention.
Nearly missed in the long Fourth of July holiday weekend was the announcement of "behavioral advertising" standards by a coalition of industry trade groups. These standards are in response to the FTC's public statements that regulation would soon follow if industry did not step up.

State BT Legislation

July 13, 2009| Blog

Much as it is with general federal privacy legislation, nature abhors a vacuum, and the states take up the "hot potato."
There's a report out of the UK that a proposed (and highly controversial) mobile directory has so many people opting-out, that the system has crashed.
There is increased activity at the Federal Trade Commission on the consumer protection front. David Vladeck, the FTC's new director of the Bureau of Consumer Protection is wasting no time in getting down to business.

Google on Trial in Italy

July 9, 2009| Blog

Friends at the Norton Rose law firm have published a great Update on Google Italian prosecution. The trial of the Google executives has been delayed, but the Norton Rose piece outlines the background of the proceedings and the current status.
Reports today are indicating that several South Korean Web sites have been attacked again. Several officials have voiced speculation that North Korea was behind both today's denial of service attacks and last week's wave of outages that hit sites in both the U.S. and South Korea. No comment from Pyongyang.
As I blogged a few weeks back, the "Clear" Registered Traveler program abruptly ended because the service provider ceased operations. The announcement at the time raised the questions of what happens to the vast trove of personal information and biometric data that the company collected in order to "clear" frequent fliers who ponied up the $199 annual fee.
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