Privacy & Security Law Report: Index-Summary

ABORTION

– Medical records, attempt to discover nonparty records rejected (Ohio), 1024

ACCOUNTANTS

– Canada industry group publishes toolkit for small and medium-sized businesses, 1311
– Generally Accepted Privacy Principles (GAPP), comments sought on draft update, 504; comment period extended, 747; updated principles add risk management and portable devices criteria, 1606
– U.K. data controller registrations, firm fined for not registering (U.K. Magis. Ct.), 1572

ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

ADVERTISING

– ABA. Conf. discusses tools like social web and blogs, says firms must know risks, 1178
– Abusive marketing, French firms fined, need better way to opt-out or unsubscribe, 935
– AOL, class argues embedded e-mail ads violate ECPA (C.D. Cal.), In Brief, 806
– Attorney's faxed malpractice reports not unsolicited ads, no TCPA violation (N.Y.), 967; FCC comments on when faxes informational messages, 967
– Behavioral targeting

– – Article 29 Working Party opinion, social networking website users may need to comply with privacy mandates, 932
– – Broadband access, FCC seeks comments on privacy issues, 555; comments received, 863; FTC files comments, 1307
– – Consumer privacy protections, Boucher (D-Va) plans to move forward with draft measure, 616; Boucher tells conference that privacy bill priority for him, 702; Boucher's bill may sharpen opt-in, opt-out consent debate, 827; House hearing, Google and other leading firms questioned, Boucher seeks baseline protections, 921
– – Cookies, online ad firms object to EU amendments to require user consent, 536
– – Data collection practices, FTC attorneys say additional inquiry coming soon, 952
– – EU data protection reform overdue, EU telecommunications official warns of threats in video message, 596
– – Facebook Beacon program

– – – Blockbuster cannot compel arbitration when contract illusory and unenforceable (N.D. Tex.), 626
– – – Shut down of program agreed to in class action settlement (N.D. Cal.), 1380; court gives preliminary approval of deal, 1561

– – Federal action

– – – House hearing, Google and other leading firms questioned, Boucher (D-Va) seeks baseline protections, 921
– – – Legislation, Outlook, 54
– – – Regulatory trends, Special Report, 682

– – FTC

– – – Leadership change could bring tougher enforcement, businesses expect, Special Report, 1105; FTC Chair Leibowitz says online privacy among top priorities, BNA Interview, 1181
– – – Roundtable talks planned to examine privacy concerns, 1261; FTC announces series, 1346; FTC sets schedule, 1603
– – – Self-regulation, FTC considers enforcement actions to support, 1466

– – Google Book Search settlement, proposed settlement draws privacy rights objections (S.D.N.Y.), 1315; fairness hearing delayed, 1433
– – Madrid Conf. approves privacy standards, 1621
– – “Merchandising” of user data, French data protection authority report includes warning and call for notice, 501
– – NebuAd deep packet inspection, no jurisdiction over out-of-state ISPs (N.D. Cal.), In Brief, 1506
– – Parental control software tracking and selling online activity data of minors (FTC), 1472
– – Privacy policies, IAPP Privacy Summit speaker calls for enhanced notices, 479
– – Roundtable, EC Kuneva warns online firms to improve ad privacy practices or risk regulations, to research existing practices, 535
– – Secondary uses, FTC may examine soon, 461
– – Self-regulatory principles, industry task force to craft, 76; FTC continues support for self-regulation but calls for stronger initiative, 267; industry coalition drops effort to craft legislation, 331; FTC will continue to monitor marketplace developments, 461; industry groups set framework and call for greater transparency, 979; proposal gets mixed reviews from privacy experts, 1059; Boucher (D-Va) says need for privacy legislation despite steps by industry, 1140; advocacy groups call on Congress for tough data privacy rules, 1266; FTC considers enforcement actions to support, 1466
– – Uniform standards and consumer notice equally needed, lawyers say at George Mason Univ. and Microsoft conference, 733
– – United Kingdom

– – – Collection of personal information online, ICO seeks input on drafting code of practice, 878
– – – Competition authority to launch study on personal data use, 1287
– – – Internet Advertising Bureau unveils privacy principles, 405
– – – Opt-in consent rule, apComms report supports over self-regulation, 1531
– – – Parliamentary group launches inquiry into ISP role in catching bad actors, 675
– – – Phorm trials, EC wants protection details, threatens formal action against U.K., 310; EC launches legal action against U.K. for failure to regulate online behavioral ads, 593; EC legal action, Analysis and Perspective, 757; U.K. Prime Minister dismisses petition to review use by ISPs, 781; plans delayed as two ISPs back off, 1066; EC continues proceedings against U.K. over interception laws, 1569

– – Yahoo privacy policy now allows opt-out for mobile devices, 1092

– Canada

– – Marketing list service using public data without consent did not violate PIPEDA, 881
– – Nova Scotia, omnibus health records privacy protection bill includes breach notice and marketing limits, 1617

– Children, apparel marketer agrees to FTC fine to settle data collection and privacy notice claims (S.D.N.Y.), 1521
– China, data privacy protection criminal law under review by People's Congress panel, 338; China enacts law, 403
– Craigslist

– – Auto-posting software maker sued (N.D. Cal.), In Brief, 1506
– – Prostitution ad claim dismissed (N.D. Ill.), In Brief, 1577

– Credit card marketing, new Ill. law expands restrictions of use of student data, 1206
– Customer proprietary network information (CPNI), FCC seeks $13M in fines saying firms did not certify compliance, 327
– Deep packet inspection

– – Analysis and Perspective, 217
– – Canada

– – – Bell Canada needs to explain use, 1289
– – – Privacy Comm'r critical of web traffic management tools, 405

– – House communications panel hearing on privacy issues, 616

– Do-not-call lists

See DO-NOT-CALL REGISTRIES

– Driver's licenses, Fla. Cabinet approves fine to settle DOJ lawsuit over state's sale of personal data (S.D. Fla.), 1280
– E-health

– – HITECH Act impact on HIPAA regulation and enforcement, Analysis and Perspective, 417
– – N.H. privacy law enacted, 1195

– Facebook

– – Data mining, alleged to be malicious data harvester in disguise (Cal. Super. Ct.), In Brief, 1293
– – Terms of Use policy, company withdraws change on retention of personal data, EPIC planned FTC complaint, 299

– For-profit identity theft service industry, consumer group urges FTC to review practices, 464
– France, CNIL audit schedule statement released, 879
– German data protection amendments include consumer consent for marketing, officials support, 537; Analysis and Perspective, 1003; lower house of Parliament amends and adopts bill, 1015; new law takes effect, Analysis and Perspective, 1443; consequences for service and outsourcing contracts, Practice Aid, 1625
– Junk faxes

See FAXES

– Making Home Affordable Programs, search engine firms must identify advertisers misdirecting users (D.D.C.), 772
– Microsoft and Yahoo announce search engine agreement, deal to face scrutiny, 1143; privacy groups urge DOJ to conduct “rigorous” review of deal, 1376
– Minors, new Me. law limits data collection, In Brief, 1102; effective date nears, attorneys warn marketers to prepare, 1209; state AG will not enforce law, files motion to dismiss, legislative review sought (D Me.), 1267; suit dismissed though law likely unconstitutional, 1305; law successful in increasing focus on issue, Analysis and Perspective, 1320
– Mobile marketing

– – Best practices, trade association revises, In Brief, 48
– – Consumer choice called key to success at State of Mobile Net conference, 621
– – COPPA, FTC expedites rules review due to trends, 615
– – FTC probe, consumer groups seek, stronger data collection notice urged, 76; FTC report focuses on COPPA rules, text spam, and spyware, 615
– – Japan moves to limit use of internet and location data for targeted ads, 1282

– Money laundering with alleged fraudulent ads, CDA controls unless Google requires illegal content (N.D. Cal.), In Brief, 49
– Phone carriers, consent required to share customer personal information for marketing, FCC rule upheld (D.C. Cir.), 300
– Portugal, new law sets rules for consumer call centers, 838
– Prescription data, state bills restrict use, Analysis and Perspective, 256
– Real estate ad prospecting, CNIL fines website for unfair practices, 1150
– Retention marketing, Verizon may not use proprietary customer data, expedited review granted (D.C. Cir.), 276
– Reunion.com's “forward-to-a-friend” e-mails, standing in federal court requires damages (N.D. Cal.), 42
– Scareware scheme, FTC reaches accord with defendants (D. Md.), 952; CEO's role in management of ads supports individual claims against him, 1381
– South Africa, data protection bill includes breach notice and marketing limits, Special Report, 1317; omnibus bill draws business criticism and requests for more time, 1567
– Spam

See SPAM

– Spoofing

See SPOOFING

– Spyware

See SPYWARE

– Telemarketing

See TELEMARKETING

– Threshold analysis for online advertisers, CDT releases tool to assess safeguards, 196
– Time Warner, court approves class settlement in cable firm sale of customer data (E.D.N.Y.), 1144
– USPS co-branding efforts, worker unjust enrichment challenge on alleged personal data disclosure dismissed (W.D. Wash.), 1277
– Wal-Mart Stores, new privacy policy contains some opt-ins and customer preference center, 1053

AIDS AND HIV

– Medical records, VA employee HIV-status and drug use revealed by VA doctor to union not prohibited (U.S., rev den), 163; In Brief, 172

AIR TRANSPORTATION

– Bomb, traveler allegedly monitored for saying word has standing for civil rights claims (D.C. Cir.), 399
– Canada

– – Air Canada, right of individuals to access personal information in incident report (Fed. Ct.), 504
– – Airport security pilot projects, privacy office reviewing impact assessments, 1504

– CLEAR registered traveler program, data transfer enjoined (S.D.N.Y.), 1233
– Data breach, hacker accessed FAA workers' personal information, 270
– Passenger name record (PNR) data, EU pact with U.S.

– – Article 29 Working Party, annual report for 2007 gives overview of enforcement and documents issued, 166
– – EU Parliament member's FOIA complaint seeking travel records dismissed (D.D.C.), 14

– “Secure Flight” program as 9/11 Commission recommendation, progress report on implementation, In Brief, 1104; using full watch list to raise significant privacy issues, In Brief, 1291
– Terror watch lists, TSA assumes responsibility, In Brief, 568
– Trade secrets, ex-worker may have taken secrets but harm needed for injunction (S.D.N.Y.), 931
– U.K. voluntary ID pilot plan to expand to Manchester, In Brief, 717; mandatory airport worker ID card dropped, to continue with voluntary plan, 988
– Visa Waiver Program country travelers, U.S. electronic travel authorization not visa requirements, 85
– Warrantless border searches of electronic devices

– – Border Security Search Accountability

See LEGISLATION, FEDERAL, HR 1726

– – Bush administration policy retained with new procedural safeguards under new directive, 1261
– – DHS annual report released, 1375; groups tell Congress that Privacy Office not living up to mandate, 1558
– – Review, DHS advisory committee urges Napolitano to add privacy protections, 269
– – Search data, ACLU files FOIA suit (S.D.N.Y.), 1270
– – Securing Our Borders and Our Data Act

See LEGISLATION, FEDERAL, HR 239

ALABAMA

– Data breach notification, companion bills added to docket, 592

ALASKA

– Data breach notification, law enacted, also includes credit report freezes, and SSN use restrictions, 834

ALIENS AND CITIZENSHIP

– Asylum-seeker data rights, EDPS releases opinion, In Brief, 313
– Canada, U.K., and Australia fingerprint data sharing agreement concerns Canadian Privacy Comm'r, 1283
– DHS Citizenship and Immigration Services, Senate confirms Mayorkas, In Brief, 1208
– DHS E-Verify system

– – ABA teleconference, speakers warn employers to be wary, 1526
– – Ariz. law upheld, rehearing denied (9th Cir.), In Brief, 448; U.S. Solicitor General invited to file brief on preemption (U.S., brief sought), 1608
– – Budget, FY2010 request includes increase for program, 704
– – Cal. bill bans local government use, governor vetoes, 1498
– – Designated agent process, DHS seeks comments, In Brief, 994
– – Extensions

– – – DHS FY2010 funding bills

See LEGISLATION, FEDERAL, HR 2892, S 1298

– – – Employee Verification Amendment Act

See LEGISLATION, FEDERAL, HR 2679

– – – Omnibus Appropriations Act

See LEGISLATION, FEDERAL, HR 1105

– – Government contractor mandate

– – – Economic stimulus package

See LEGISLATION, FEDERAL, HR 1, HR 598

– – – Labor Dept. has no role in enforcement, webinar, 1377
– – – Postponement, federal government agrees to extend, 196; rule postponed until June, 585; rule postponed again, 832; DHS preparing for possible congressional mandate, 1346
– – – U.S. Chamber of Commerce-led coalition files suit (D. Md.), 12; rule postponed, In Brief, 91; appeal docketed (4th Cir.), 1276; motions for injunctions denied, 1309

– – HR conference speaker suggests employers consider using, DHS likely to retain system, 441
– – I-9 process

– – – Compliance, attorneys say employers should focus on issues, In Brief, 1208
– – – DHS delays new ID documents list, In Brief, 252; current I-9 forms to remain valid, In Brief, 994; OMB approves I-9 form valid through 2021, In Brief, 1292

– – Ill. law barring use unconstitutional (C.D. Ill.), 468
– – Neb. governor signs bill requiring use, In Brief, 599
– – Passport information now included in program, 395
– – Reforms

– – – Biometrics, Schumer (D-NY) to include in immigration reform bill, 954; witnesses tell Senate panel that biometric identifiers should be required, 1087
– – – DHS plans improvements to handle expected growth in use, 197; Napolitano tells Senate Judiciary Comm. that DHS committed, 704
– – – Hill Watch, status of significant bills, chart, 1333
– – – Migration Policy Institute says DHS should pursue reforms not legislation, In Brief, 287
– – – New Employee Verification Act

See LEGISLATION, FEDERAL, HR 2028

– – – Senate Judiciary panel told improvements needed, In Brief, 677; panel hearing held, 1087
– – – SSN card bill

See LEGISLATION, FEDERAL, HR 98

– – Registrations and use continues to grow, 23
– – Review, Napolitano issues “action directive,” 252
– – R.I. can require use for vendors (R.I. Super. Ct.), In Brief, 599
– – Secure America Through Verification and Enforcement (SAVE) Act

See LEGISLATION, FEDERAL, HR 3308, S 1505

– – State legislation outlook, Special Report, 177
– – Utah, new law clarifies scope of mandate, In Brief, 541

– Identity theft, whether knowledge that real person required (U.S., oral arg held), 333; knowledge of actual victim required (rvs and rem), 708
– Immigration reform bill, Schumer (D-NY) to propose, 954
– Japan moves to foreign resident national card, In Brief, 314
– Social Security numbers

– – “No-match” rule

– – – Obama administration still reviewing, 958; proposed rule rescinds, comments sought, 1229
– – – Rescinded in final rule, Chamber of Commerce and AFL-CIO react, 1465
– – – Rescission blocked by Senate amendment

See LEGISLATION, FEDERAL, HR 2892

– – Social Security Numbers Fraud and Identity Theft Prevention Act

See LEGISLATION, FEDERAL, HR 2472

– – Social Security Numbers Privacy and Identity Theft Prevention Act

See LEGISLATION, FEDERAL, HR 3306

– Taxpayer identification number (ITIN), TIGTA reports controls needed, In Brief, 599
– Tenn., false identification penalty law signed, In Brief, 785
– U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT) program, DHS expands collection, In Brief, 21
– Worker eligibility, employer verification of

– – DHS E-Verify system

See DHS E-Verify system, this heading

– – Social Security numbers

See Social security numbers, this heading

AMERICAN RECOVERY AND REINVESTMENT ACT

– Broadband access, FCC seeks comments on privacy issues, 555; comments received, 863; FTC files comments, 1307
– E-Verify, final bill drops mandate, In Brief, 313
– HIPAA Privacy Rule Amendments

– – Analysis and Perspective, 417
– – Contract changes needed, ABA panelists also say changes will increase enforcement, 558
– – Practice Aid, 358

– HITECH Act

– – ABA annual meeting session addresses privacy and security for health data, 1200
– – Adoption, report says penalties not incentives may be more persuasive, 587
– – Children need to be considered in development, especially with lifelong collection of data, 1051
– – Class action filed, alleges law violates privacy by failing to protect data (S.D.N.Y.), 1026
– – Criminals may be attracted to money, RSA Conf. speakers say, 644
– – Data breach notification

– – – E-health, personal records services, FTC proposes rule, 581; FTC to release temporary breach notice rule in August, 732; FTC urged to align rules with HHS approach, Special Report, 850; additional comments urge broad coverage, 866; FTC and HHS issue rules, attorneys praise HHS risk of harm threshold, 1227; IAPP Privacy Academy, firms warned about possible stronger HIPAA enforcement, 1401; House leaders ask HHS to revise harm provision, 1463; HHS under pressure to strengthen rules, 1524; comments received on interim rule, model notice documents sought, 1556
– – – HHS guidance, Analysis and Perspective, 649
– – – Implementation, Analysis and Perspective, 1359
– – – Stakeholders disagree on whether provision positive, 329; correction, 446

– – FISMA possible guide for e-records security says CMS official, 980
– – Fla. agency unveils first in nation e-records system for Medicaid patients, 1565
– – Governors tell panel that quick action on privacy vital to participate in stimulus package, 401
– – Grants

See GRANTS, subheading: E-health, stimulus package

– – Health Info. Tech. Policy Comm., GAO makes appointments, 557
– – Health IT managers face triple regulatory threat, Practice Aid, 602
– – HHS national HIT coordinator, Obama appoints Blumenthal, 496; Blumenthal predicts e-records interstate sharing by 2011, 735; Blumenthal expresses concern about timetable, 772
– – HIT Policy Comm. and HIT Standards Comm.

– – – HHS seeks nominations, 440
– – – HIT Policy Comm. inaugural meeting, Blumenthal says decisions in 2009 crucial to success of IT investment, 734
– – – HIT Standards Comm. inaugural meeting, Blumenthal expresses concerns about timetable, 772; workgroups give input to panel, 1265

– – IAPP Privacy Academy, firms rushing to e-records warned not to forget privacy and security rules, 1401
– – Implementation

– – – Barriers include state law differences and liability fears, 1232
– – – Governors outline strategy, In Brief, 1175
– – – IBM executive tells stakeholders to act now to influence, 496
– – – State CIOs can have significant impact on initiatives, study says, 1281

– – “Meaningful use” definition

– – – AMA Trustee says flexibility key to implementation, 622
– – – Certification Comm'n plans to launch two new approval programs, 1308
– – – Draft standard released including required e-records elements, firms under investigation ineligible for payments, 925; comments received, clarification may be needed, 954; health industry groups submit comments, 980; panel relaxes proposal to ban e-records pay for those facing probes, 1050; workgroups give input to standards panel, 1265
– – – Federation of Am. Hosp. calls definition counterproductive, 1265
– – – Health information exchanges, number of fully operational HIEs grown, In Brief, 1104
– – – HHS advisory committee meeting, stakeholders suggest measure should begins at basic level and gradually demand more, 667
– – – HIT Policy Comm. workgroup established, 734; 12-month timeline set, certification recommendations presented, 1230
– – – Hospitals face implementation obstacles in making significant progress, 587
– – – Incentive payments, HHS Blumenthal says cost in flux but probably less than budgeted, 1558
– – – Interoperability, CMS to test receiving data, In Brief, 1314
– – – Survey results on definition implementation, 622

– – Medicare and Medicaid financial incentives, CMS to propose rules on criteria, 587; ONC and CMS work plans indicate statutory mandate challenges, 773; Blumenthal says total could be higher than first anticipated, 980; ex-CMS head says must avoid flaws of past incentive initiatives, 1017; states may immediately request matching funds, In Brief, 1313
– – Penalty increase to support HHS enforcement, 394; HHS publishes final rule that increases HIPAA penalties, 1555
– – Policy implications and requirements, Analysis and Perspective, 344
– – Regional extension centers, HHS estimates average two-year grant, 826
– – Safeguards, annual guidance required, 449; HHS guidance includes destruction and encryption, 584; HHS receives comments, 767
– – Senate Health, Educ., Labor, and Pensions Comm., Kennedy's (D-Mass) passing impacts key committee leadership positions, 1264; Harkin (D-Iowa) picked as new chair, 1308
– – State AG enforcement, criticism of provision expressed, 329; correction, 446; attorney tells audio briefing to expect strong data breach enforcement, 778
– – White papers, ONC to address various issues including exchange permissions, 1348

– Legislation

See LEGISLATION, FEDERAL, HR 1, HR 598

– Making Work Pay, IRS warns against new ID theft scams, In Brief, 1176

AMERICAN SAMOA

– Transportation Worker Identification Credential (TWIC) program, DHS exempts some foreign workers, In Brief, 506

AMERICANS WITH DISABILITIES ACT (ADA)

– Drug disclosure policy, EEOC sues sheet metal manufacturer for violation (D. Minn.), 1273
– Drug test failure not linked to protected disability, no triable claim (W.D. Ky.), 777
– Smoking workplace policies, Analysis and Perspective, 1540
– Website access by blind consumers, Target settlement approved (N.D. Cal.), In Brief, 447

ANALYSIS AND PERSPECTIVE

– Behavioral targeting, Phorm trials, EC legal action, 757
– Canada, anti-spam proposal, 810
– CFAA, employers should revisit data misuse policy, 1441
– China, 414
– Cloud computing, 425
– Commerce Undersecretary O'Neill, BNA interview, 94
– Data breach notices

– – FDA rules, 850
– – HITECH Act implementation, 1359

– Data protection

– – Australian Dodo case, 180
– – Global framework, 62

– Deep packet inspection, 217
– DHS Chief Privacy Officer Callahan, BNA Interview, 846
– Digital forensics, 361
– Drug test computer search ruling implications, 1357
– E-discovery, Article 29 Working Party opinion, 315
– E-health

– – De-identified patient information, state regulation, 544
– – Stimulus package provisions, 344

– Electronic commerce, boilerplate contract clauses, 1629
– EU data protection

– – Location based services, 885
– – Rand study, 853
– – South Africa, 1317

– Federal legislation, Outlook

– – Behavioral advertising, 54
– – Cybersecurity oversight, 57
– – Data breach notification, 51
– – Spyware, 61
– – Surveillance and anti-terrorism issues, 59

– Federal regulatory trends, 682
– FOIA use in fighting SEC charges, 996
– France, data breach notification, 484
– FTC, businesses expect tougher enforcement under new leadership, 1105
– Future identity theft risk claims, 569
– Genetic Information Nondiscrimination Act, 753
– Germany, new rules and pending laws, 1003; data protection law changes, 1443
– Hacking case involves largest ever breach (D.N.J.), 1244
– Health care, 2009 issues, 24
– HITECH Act

– – Data breach notification, 649
– – HIPAA impacts, 417

– Identity theft red flags, health insurer obligations, 1508
– Me. minor marketing law, 1320
– Online disclosure, sufficiency of established practice, 1070
– State legislation, 177; 215; 256; 507; 636; 679; 786
– Stored Communications Act, actual damages, 571
– Tabloid legislating and Cal. patient privacy statute, 943
– Workplace policies

– – Employer monitoring of web posts, 1039; correction, 1068
– – Monitoring increasing, caution urges, 1295
– – Smoking, legal challenges, 1540
– – Twitter impact, 941

ANTITRUST

– Justice Dep't Div. chief, Obama nominates Varney, In Brief, 210

APEC

See ASIA-PACIFIC ECONOMIC COOPERATION (APEC) GROUP

ARBITRATION

– Agreements

– – Data security lacking, leads to rejection of validity of worker's electronic signature (D. Kan.), 469
– – Lie detector tests, worker may pursue suit (E.D. Va.), 238; wrongful discharge suit may go to trial, In Brief, 884

– Expunged criminal record can never truly be private (3d Cir.), 1384
– Facebook Beacon program, Blockbuster cannot compel arbitration when contract illusory and unenforceable (N.D. Tex.), 626
– FOIA ombudsman office

– – Budget FY2009, Omnibus Appropriations Act

See LEGISLATION, FEDERAL, HR 1105

– – Nisbet named ombudsman by NARA, 868
– – Obama offers new hope for possible funding, 191

ARGENTINA

– Data retention to give secret service access to e-mails and calls, law unconstitutional (CSJN), 340
– Google and Yahoo held liable for model's photo on pornographic sites without her consent (Juzg. N.), 1151

ARIZONA

– E-Verify implementation, state law upheld, rehearing denied (9th Cir.), In Brief, 448; U.S. Solicitor General invited to file brief on preemption (U.S., brief sought), 1608
– Metadata associated with official police department notes not “public records” in state (Ariz. Ct. App.), 275; electronic public record includes metadata and must be produced (Ariz.), 1612
– Prescription data, bill restricts use for marketing, 256

ARMED SERVICES

– Charity telemarketing scams, FTC and state agencies announce crackdown, 771
– Death sentencing recommendations in military capital case exempt from disclosure (U.S., rev den), In Brief, 1504
– GE jet engine spare parts, disclosing pricing information violates FOIA and trade secrets law (D.D.C.), In Brief, 1314
– National Guard unit not on active federal duty subject to Privacy Act (D.C. Cir.), In Brief, 174
– Veterans' Affairs Dep't (VA)

– – Data breaches

– – – Medical center hard drive lost, putative class cannot demonstrate actual damages, APA claims remanded (11th Cir.), 929
– – – Theft of personal data, veterans settle Privacy Act class action (D.D.C.), 199; settlement approved, In Brief, 314; attorneys' fee award lowered, 1385

– – HIV-status and drug use revealed by VA doctor to union, not prohibited (U.S., rev den), 163; In Brief, 172
– – SSN identity theft, former auditor sentenced (Cal. Super. Ct.), In Brief, 174

ASIA-PACIFIC ECONOMIC COOPERATION (APEC) GROUP

– Cross-border data sharing, privacy subgroup proposes draft regulations, 338; proposed enforcement agreement endorsed, questionnaire evaluated, 1154
– Data protection, global framework

– – Viewpoint, 62
– – Workshop, FTC Leibowitz says will enforce requirements and seek global common ground, 461; FDIC analyst says self-regulatory guidance may be best model, 462

– Philippines, congressional working group using APEC principles for revised data protection law, 435; bill progresses, changes include breach notice and penalties, 1239

ASYLUM

See ALIENS AND CITIZENSHIP

ATTORNEYS

– Attorney-client privilege

See PRIVILEGED COMMUNICATIONS

– Client files left beside dumpster, results in public reprimand (Ohio), 592
– E-mail scams, attorneys who fall for may face discipline, In Brief, 678
– Electronic records use in litigation discussed, ABA Technology in the Practice and Workplace Comm. meeting, 712
– Faxed malpractice reports not unsolicited ads, no TCPA violation (N.Y.), 967; FCC comments on when faxes informational messages, 967
– Fees

– – Ameritrade customer e-mail accounts hacked, despite concerns proposed class settlement approved (N.D. Cal.), 750; court rejects settlement, decertifies class, 1560
– – Bank of America settlement, privacy class objectors' claims tossed (Cal. Ct. App.), 987
– – FOIA fee-shifting provision, pro se lawyers cannot recover (2d Cir.), In Brief, 994
– – Marketing executive claims former boss accessed personal e-mail, actual damages proof required under SCA only (4th Cir.), 467; actual damages, Analysis and Perspective, 571
– – VA, theft of personal data, attorneys' fees award lowered in Privacy Act class action settlement (D.D.C.), 1385

– General counsel appointments

– – FTC, Leibowitz names Tom, In Brief, 785
– – Homeland security, Fong named, 195; Fong confirmed, 706

– Identity theft Red Flags creditor rule

– – ABA renews call for exemption, 955; ABA continues push for exemption, 1036; FTC believes it lacks power to exempt attorneys, 1137; groups face uphill battle to sway Congress before effective date, 1165; ABA files challenge (D.D.C.), 1268; ABA seeks summary judgment, 1431; FTC opposes suit, 1491; ABA seeks full exemption, 1523; court order exempts law firms, 1552
– – Exemptions, bill introduced

See LEGISLATION, FEDERAL, HR 3763

– Legal expenses insurance firm and contractors ordered to encrypt mobile devices after laptop theft, 878
– Metadata embedded in electronic documents

See PRIVILEGED COMMUNICATIONS

– Mo. attorneys may keep client files in electronic form (Mo. Sup. Ct. Advisory Comm.), In Brief, 884
– Motor vehicle accident victim scam, bribes for confidential information, arrests made (N.Y. Sup. Ct.), 1383
– Patient data sold to lawyer, hospital employee indicted (S.D. Fla.), In Brief, 1175
– Printouts of e-mails instead of digital copies, no sanctions in spam case (S.D. Ohio), 1204
– Social networking web sites, attorneys may not mislead witnesses into granting access (Philadelphia Bar Ass'n Prof'l Guidance Comm.), 669
– Trade secrets, attorney sanctioned for exposing protected papers (Cal. Ct. App.), In Brief, 23
– U.K. data controller registrations, firms fined for not registering (U.K. Magis. Ct.), In Brief, 408; law firm and worker recruitment company fined, 802

AUSTRALIA

– Credit reports, New Zealand considering changes but awaiting Australian rule review outcome, 1097
– Cybersecurity legislation to allow early interception of online messages, 1438
– Data protection, Dodo case as example of accountability model, Analysis and Perspective, 180
– Fingerprint data sharing agreement with Canada and U.K. concerns Canadian Privacy Comm'r, 1283
– Overseas data transfers, report calls for privacy principles including notification, 1500
– Spam, EMX Pty agrees to pay text message fine, In Brief, 49

AVIATION

See AIR TRANSPORTATION