Marketers have an insatiable interest to know more about their customers, and the “cookies” they plant in those customers’ computers reveal much of what they need to know.
On January 17, 2013, Mexico’s Ministry of Economy published its Lineamientos del Aviso de Privacidad (in Spanish) (“Privacy Notice Guidelines” or “Guidelines”), which it prepared in collaboration with the Mexican data protection authority.
Shaking Up the Settlement Process: FTC Reconsiders Whether Companies Can Deny Wrongdoing While Settling Privacy Violation Claims
The Federal Trade Commission (“FTC”) recently announced settlements of cases brought against Google and Facebook for alleged privacy violations. The Google settlement drew headlines for being the largest fine ever assessed for the violation of a FTC consent order ($22.5 million).
On August 10, 2012, a federal district court in California denied Hulu’s motion to dismiss the remaining claim in a putative class action suit alleging that the online streaming video provider transmitted users’ personal information to third parties in violation of the Video Privacy Protection Act (“VPPA”). The VPPA prohibits a “video tape service provider” from transmitting personally identifiable information of “consumers,” except in certain, limited circumstances.
With data breaches and the new cookies rules never far from the press or industry agendas, and with a new European framework on the horizon, the past year has been a busy one for the Information Commissioner’s Office (ICO). Its Annual Report for 2011/12, along with a companion webcast, reflect this changing privacy landscape. Both offer useful insights into the ICO’s priorities for the coming year.
During its meeting in early June, the Article 29 Working Party (the “Working Party”) issued an Opinion on cookies that analyses the exemptions to the requirement for informed consent, and sets how the revised e-Privacy Directive impacts cookie usage. Article 5.3 of the amended ePrivacy Directive 2009/136/EC provides that cookies are exempt from the need to obtain informed consent when a cookie is