Privacy & Security Law Blog

Privacy & Security Law Blog

Legal Commentary and Resources for the Payment Industry

Insight & Commentary on Information Management and Protection

Monthly Archives: January 2012

Europe Plans Significant Expansion in Data Protection Rights

Posted in Data Protection

European Commission Releases Formal Proposal on Data Protection Reform

By Robert Stankey and Adam Shoemaker

On Jan. 25, 2012, the European Commission released the final version of its proposed revisions to the European Union’s data protection framework. The package of changes represents a comprehensive reform of the EU’s 1995 data protection rules.... Continue Reading

Supreme Court Resolves Circuit Split By Allowing Suits Against Telemarketing Violations Into Federal Court Under “Federal Question” Jurisdiction

Posted in Marketing and Consumer Privacy

By Ronald G. London

The U.S. Supreme Court has issued a decision in Mims v. Arrow Financial Services, LLC, resolving a split among federal appeals courts, by holding that claims under the Telephone Protection Act (TCPA), which provides consumers private rights of action for telemarketing violations, can be brought under “federal question” jurisdiction in federal courts rather than only in state courts.... Continue Reading

FTC Consent Decree Targets Allegedly Deceptive Toolbar

Posted in Marketing and Consumer Privacy

By David Silverman

The FTC has reached a settlement with UPromise, Inc., a membership reward service aimed at helping save for college, to resolve charges that company allegedly used a web-browser toolbar to collect consumers’ personal information, without adequately disclosing the extent of personal information collected. Under the settlement, UPromise must destroy all data it collected under the “Personalized Offers” feature of its “TubroSaver” toolbar, clearly disclose its data collection practices and obtain consent to collection of personal information from those using the toolbar before it is installed or re-enabled, and must further establish a comprehensive information security programing, requiring biennial independent security assessments, for the next 20 years.... Continue Reading