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Vol. 8, Nos. 1-44, pp. 1-1640 Jan. 5 -- Nov. 9, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
FAA
Personal data printed on credit and debit card receipts
Active Network, printing rules apply to on-screen payment confirmations (N.D. Ill.), 1350
Bacci Cafe, class of customers certified, third party complaint against processing equipment company dismissed (N.D. Ill.), 1279 Brand identifier, FACT Act does not prohibit inclusion when also appears in word form (W.D. Mich.), 1350 Business-owned card transaction does not invoke liability (N.D. Ill.), 1382 Mexican Specialty Foods, statutory damages provision constitutional, class suit revived (11th Cir.), 710 Ticket Animal, e-mailed confirmation not printed (S.D. Fla.), 711 233 Skydeck, permissible statutory damage ranges do not violate due process (N.D. Ill.), 334 Under Armour, FACT Act does not cover on-screen receipts (S.D. Fla.), In Brief, 210 Zazzle.com, online retailer not required to comply with receipt rules (S.D. Fla.), 16
Attorneys, ABA renews call for exemption, 955; ABA continues push for exemption, 1036; FTC believes it lacks power to exempt attorneys, 1137; 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
Congressional action, groups face uphill battle to change scope of rule, 1165 Exemptions, bill introduced 401(k) accounts, FTC says rules do not apply to participant loans from, 1037; benefits lawyers seek formal guidance, 1090 FTC releases compliance guide and launches website, 525; retailers remain anxious about potential liability, 556; FTC officials say focus of new rule on flexibility, risk levels, and good faith efforts, 618; FTC postpones enforcement, possible Congressional role, 659; FTC posts new compliance guidance and checklist, 729; FTC grants third delay at request of House Appropriations Comm., 1137; FTC Chair Leibowitz, BNA Interview, 1181; FTC postpones deadline, 1552 Health care
Affiliate information sharing preemption, whether completely overrides Cal. financial information privacy law (U.S., brief sought), In Brief, 447; Office of Solicitor General says petition should be rejected (amicus brief filed), 870; (rev den), 981; In Brief, 991
Cloud computing, World Privacy Forum issues report, 337 Collection agency and towing company lack grounds to get report (9th Cir.), 800 Complaints alleging errors, FTC reports most result in pro-consumer changes, 11 Credit check used in hiring
Circuit City customer suit against Chase Cards Services dismissed (S.D.N.Y.), 1055
Heartland Payment Sys.
See DATA BREACHES
Damages affirmed (4th Cir.), 499
Failure to verify data with public source, class certified (D.N.J.), 1529 Mortgage loans
Data disposal, FTC alleges businessman failed to properly dispose customers' information (D. Nev.), 162
Prescreened offers, Metropolitan Home Mortgage settles charges (C.D. Cal.), 1238 Power-of-attorney status applicants, final settlement over Bank of America credit reviews approved (E.D. Pa.), 274 Preemployment background screening, ASIS Intl. updates guidance, In Brief, 1480 Reasonable investigation, bank must conduct (9th Cir.), In Brief, 1538 Tenant screening services company settles FTC charges (D. Minn.), 396
Clear Debt Solutions, U.K. ICO fines, 629
Junk faxes
Attorney's malpractice reports not unsolicited ads, no TCPA violation (N.Y.), 967; FCC comments on when faxes informational messages, 967
Class actions
Afgo Mech. Servs. suit rejected due to lack of jurisdiction when statutory damage threshold not meet (D.N.J.), 1274
Al Copeland Inv., manifestly erroneous certification reversed (La. Ct. App.), 1380 Partial owners of machines removed from class (E.D. Ill.), In Brief, 1538 Private right of action in state court under TCPA
Beaty Constr., recipients class certified (N.D. Ill.), In Brief, 314
Okla. citizens may sue under TCPA (Okla.), 874 Sweden, cross-border communications surveillance law amendments to add court and privacy review, 804; Parliament approves, 1535
Data breach, hacker accessed workers' personal information, 270
Biometric technology, FBI issues state of the art assessment, In Brief, 92
FOIA reasonable search for documents (U.S., rev den), In Brief, 991 Fusion centers, DHS releases PIA, In Brief, 22 National security letters (NSLs)
Gag order feature in ISP letters violates First Amendment (2d Cir.), 13; Judge Sotomayor named by Obama for Supreme Court, 808
National Security Letters Reform Act Terror suspect's e-mail, NSL nondisclosure continues after in camera review (S.D.N.Y.), In Brief, 1578 2008, Justice Dep't issues report to Congress on use, 797
Acting chair, Copps names, In Brief, 173
Budget Cybersecurity, FCC creates working group, In Brief, 1312 Democratic seat, White House to name Clyburn, 666; Obama names, 953; Senate committee approves, 1089; Senate confirms, 1143 Republican seats, Obama names McDowell, In Brief, 841; hearing set, 868; committee approves, 923; Senate approves McDowell, Obama names Baker, 953; Senate committee approves Baker, 1089; Senate confirms Baker, 1143
See PREEMPTION
See also CONSUMER PROTECTION
Budget
Deputy director, personnel shifts affect position, In Brief, 252
Director, Parnes to leave for private practice, 209; Leibowitz names Vladeck, 585 Commissioner seats, White House expected to announce nominees, 1308 Consumer Financial Protection Agency (CFPA) Enforcement
Authority, Senate Commerce Comm. expected to revisit, IAPP Privacy Summit, 478
New FTC leadership, businesses expect more aggressive agency, Special Report, 1105 General counsel, Leibowitz names Tom, In Brief, 785 Senior staff positions named, 585 Strategic plan adopted that includes consumer and global privacy issues, 1466
Anti-Counterfeiting Trade Agreement, groups seek to restrict internet use and ask for more documentation on talks, 774; privacy groups concerned about internet privacy ramifications, 1091
Blanket filtering, consumer advocacy group decries, interferes with privacy of end users, In Brief, 1103 Data breaches France, parliament rejects three-strikes anti-piracy bill, privacy issues raised, 563; CNIL unable to share opinion of bill with lawmakers, CNIL to seek to make opinions public, 744; CNIL says new law eases rules on when it can release opinions, 837; French Constitutional Council rejects key parts of law, judge must call third strike, 879; new version of law approved after judicial review added, 1028; National Assembly approves new version of law, 1353; Parliament approves legislation, Council to review, 1389; French Constitutional Council approves redrafted bill, 1534 Government operations, Towns (D-NY) plans to introduce bill to ban use of P2P networks on government computers and networks, 1140 House Oversight and Gov't Reform Comm. launches new probe on efforts to reduce privacy risks, 617; lawmakers say industry has lost chance to self-regulate, 1140 Informed P2P User Act Music
Boston Univ. student may not present fair use defense before jury (D. Mass.), In Brief, 1153
Continuous downloading and distribution allegations avoid making available inquiry (N.D.N.Y.), 398 Personal knowledge justifies naming CEO in suit (S.D.N.Y.), In Brief, 1577 RIAA to end litigation against individuals and move focus to services and ISP cooperation, 11 Shared folder, no unauthorized access when files accessible to general public (E.D. Pa.), In Brief, 407 Usenet.com must preserve relevant data upon request in music file sharing case, sanctions ordered (S.D.N.Y.), 236 Va. Polytechnic Inst. & State Univ., no sovereign immunity on subpoena for defendants' identities when not party in suit (W.D. Va.), 43 Private detective, file sharing evidence allowed from firm without PI license (D. Minn.), 930 Spain, AEPD issues internet user privacy guidance, 748 Sweden
IP addresses of illegal file-sharers, law to force ISPs to reveal, 564; ISPs not retaining user protocols skirt new law but legal, DPA says, 715; ePhone ISP must hand over customer data, In Brief, 993; ISP to appeal, In Brief, 1069; order overturned (Sweden, Svea App. Ct.), 1503
Pirate Bay website, four administrators sentenced to jail terms, 632 U.K. P2P rules, ISPs say not needed, In Brief, 211; new rule would require ISPs to notify users of alleged infringement, comments sought on report, 245; British creative industries call for ISPs to cut off persistent infringers, ISPs dismiss policing role, 782; British ISPs may be forced to block site of alleged P2P infringers, 937; U.K. may add technical measures, 1286; apComms internet privacy report opposes government proposal, 1531
See BANKING
Credit cards
See CREDIT CARDS
See MONEY LAUNDERING
See SECURITIES
See also BIOMETRIC DATA
Asylum-seeker data rights, EDPS releases opinion, In Brief, 313 Canada, U.K., and Australia data sharing agreement concerns Canadian Privacy Comm'r, 1283 Finland complies with EU passport fingerprint data requirement, In Brief, 994 Hazardous Material Endorsement (HME) program, TSA completes over 1 million checks on truckers, In Brief, 22 Medical identity theft, Utah law requires patient identification, 510
Crime reports, rule requiring bank PIN to file online draws concern from DPA, 1099
E-mail, amendment expected to permit limited surveillance of employees, 246; law allows employers surveillance of e-mail traffic data, 740 Passport fingerprint data, country complies with EU requirement, In Brief, 994
Blackberry messages are public records, In Brief, 1392
Blog post of prosecutor's work memo protected since copy came through records request (S.D. Fla.), 961 Crime scene and investigative photographs, bills to restrict commercial use, 508 Data breaches
Hannaford Bros. Co., one consumer suit remanded due to CAFA home state exception (1st Cir.), 720; bulk of claims dismissed, only narrow negligent damages action survives (D. Me.), 749; hacker indicted in record breaking case (D.N.J.), Special Report, 1244; hacker pleads guilty (D. Mass.), 1272; judge certifies damages question to state court (D. Me.), 1495
Heartland Payment Sys.
See DATA BREACHES
E-health
Medicaid patients, state agency unveils first in nation e-records system, 1565
Privacy law comparison website launched, In Brief, 1394 Spyware bill to establish criminal penalties, 5
AOL research database, most of data breach class must file in Va. (9th Cir.), In Brief, 210
CLEAR registered traveler program, data transfer enjoined (N.D. Ga.), 1233
Abusive marketing, firms fined, need better way to opt-out or unsubscribe, 935
Behavioral targeting, CNIL report includes warning on merchandising of user data and call for notice, 501 Biometric data, education test firm's transfer of palm vein data to U.S. approved, 1027 CNIL
Annual report pledges more audits, funding increase, and seeks to make opinions public, 744; CNIL says new law eases rules on when it can release opinions, 837; audit schedule statement released, 879
Board, new national human rights defense office leader to join, 1437 Recommendations for data protection posted, 1503 Data breach notification, Analysis and Perspective, 484 Data protection study and initiative increase, CNIL says shows momentum to revise EU Directive, 562 Data retention, evaluating application of EU Directive, sees need to standardize amount of time data can be kept, 781 Data transfers out of country, CNIL grants authorizations, In Brief, 1576 E-discovery, guidelines issued on pretrial discovery, 1240 Flu pandemic, CNIL approves privacy exemption, worker data may be used in continuity plans, 1388 Google Latitude location service, CNIL says subject to French law, approves privacy plan, 880 H1N1 virus, CNIL posts vaccination campaign information, In Brief, 1577 Nanotechnology, CNIL says privacy protections must be designed into applications, 1534 Police databases now comply with privacy law, 1534 Prescription records, limited use approved, In Brief, 173 Real estate ad prospecting, CNIL fines website for unfair practices, 1150 Right to travel anonymously, CNIL warns public transport company not to charge more for anonymous fare card, 935 Senate report on privacy in age of digital memory, quick action unlikely, 936 Software products and processes, CNIL to offer labels certifying privacy compliance, 935 Surveillance, new crime bill allows government monitoring of cybercriminals' internet use, 837 Video monitoring of employees, Jean Marc Phillippe Co. fined, 1388 YouTube, internet hosts must collect user ID data on content uploaders, legal experts seek clarification (T.G.I.), 45
Canada, former privacy chief Radwanski acquitted, In Brief, 343
CLEAR registered traveler program, data transfer enjoined (S.D.N.Y.), 1233 Computers
Cal. and N.J. state laws, changing server password after failed joint venture failed violates (D.N.J.), 1530
CFAA Consumer Sentinel Network Data Book, FTC reports that ID theft once again leading complaints, 329 FBI internet crime report for 2008, fraud and other activity complaints rose 33 percent, 529 Hacking
See HACKING
Madoff scheme, personal identifying data redaction required to release victims' e-mails to media (S.D.N.Y.), 986 Malware, Natl. Credit Union Admin. warns about bogus CD, 1264 Medicare
Billings using stolen patient data, medical equipment firm owner sentenced (S.D. Fla.), In Brief, 173
Medical identity theft, HHS releases new tools for seniors, 1493 Retailer return policies, collection of customer data probed by Ontario agency and Ernst & Young, 171 Reunion.com's forward-to-a-friend e-mails, standing in federal court requires damages (N.D. Cal.), 42 Sleep studies, corporate executives may lack standing to challenge searches of business premises (9th Cir.), 239; ruling amended, In Brief, 842 Social Security Number Fraud and Identity Theft Prevention Act
See SPOOFING
Telemarketing
Auto warranty scammers, FTC sues two firms (N.D. Ill), 731; FTC obtains temporary restraining orders, 771
Charity scams, FTC and state agencies announce crackdown, 771 Yahoo fined over refusal to disclose user data to Belgian prosecutors (Dendermonde Crim. Dist. Ct.), 404
See also PUBLIC RECORDS
Asbestos cleanup at superfund site, advocacy group files suit to test Obama commitment to openness (D.D.C.), 625; EPA releases report, 668 Cell numbers on billing documents must be redacted before disclosure (Pa.), In Brief, 21 Conn. FOI law trumps hospital peer review privilege for records (Conn.), In Brief, 1243 Consumers' Checkbook, Medicare claims data disclosure denied due to invasion of physicians' personal privacy (D.C. Cir.), 238 Corporations have personal privacy interests protected by FOIA exemption (3d Cir.), 1433 Death sentencing recommendations in military capital case exempt from disclosure (U.S., rev den), In Brief, 1504 Detainee Photographic Records Protection Act Executive order signed, presumption in favor of disclosure, Obama calls for new guidelines, 159; DOJ rescinds Bush FOIA policy against disclosure, 459 Fee-shifting provision, pro se lawyers cannot recover (2d Cir.), In Brief, 994 GE jet engine spare parts, disclosing pricing information violates FOIA and trade secrets law (D.D.C.), In Brief, 1314 Government contractor e-mails held exempt (S.D. Ohio), In Brief, 408 Guantanamo detainees' and families' privacy protected (2d Cir.), In Brief, 92 IRS
Request compliance, TIGTA reports improvement, In Brief, 1313
Time records of agent, whether target of investigation may inspect (U.S., rev den), In Brief, 938 Laptop border search data, ACLU files suit (S.D.N.Y.), 1270 National Guard unit not on active federal duty subject to Privacy Act (D.C. Cir.), In Brief, 174 National Park Service, record destruction inference saves Privacy Act case (D.C. Cir.), In Brief, 939 Ombudsman office Reasonable search for documents by FBI (U.S., rev den), In Brief, 991 School superintendent's contract must be disclosed (Ill.), In Brief, 884 SEC
Compliance, IG urges more support and training, 1430
Mark Cuban lawsuit to gain litigation-related documents, attorneys debate use of FOIA to fight SEC charges, Analysis and Perspective, 996 Request fee schedule updated In Brief, 49 Travel records, EU Parliament member's FOIA complaint dismissed (D.D.C.), 14 U.S. attorney not required to produce final report on criminal fraud probe (U.S., rev den), In Brief, 209 White House
E-mail management system, Office of Administration exempt (D.C. Cir.), In Brief, 784
Visitor records for White House and V.P. must be disclosed (D.D.C.), In Brief, 211; DHS agrees to settle FOIA suit, Obama announces new disclosure policy, 1307
Blog post of Fla. prosecutor's work memo protected since copy came through records request (S.D. Fla.), 961
Bomb, air traveler allegedly monitored for saying word has standing for civil rights claims (D.C. Cir.), 399 Data mining of prescription information
N.H. ban upheld (U.S., rev sought), 530; state regulation of de-identified health information, Analysis and Perspective, 544; (rev den), 982; In Brief, 991
Vt. ban upheld after commercial speech analysis (D. Vt.), 623; injunction denied pending appeal, 873
Anonymous web commenters, First Amendment balancing needed to unmask (Md.), 399
Intellect Art Multimedia, opinion-based criticisms of summer school, no liability (N.Y. Sup. Ct.), In Brief, 1393 Health care reforms, free speech chilled by White House requests for public to forward fishy e-mail, suit also alleges Privacy Act violation (D.D.C.), 1274 Lobbying disclosure law, challenge rejected (D.C. Cir.), In Brief, 1314 National security letters (NSLs), gag order feature in ISP letters violates First Amendment (2d Cir.), 13; Judge Sotomayor named by Obama for Supreme Court, 808 Online freedom of speech, EU official calls for protections through trade agreements not legislation, 285 Phone carriers, consent required to share customer personal information for marketing, FCC rule upheld (D.C. Cir.), 300 Right to defame public official, Wis. identity theft statute survives First Amendment as-applied challenge (Wis.), 1056 Social security numbers, injunction expanded protecting advocate's posting of Va. officials' SSNs to protest posting of numbers in land records (E.D. Va.), 833 Sony online community not company town, speech not protected (N.D. Cal.), 1435 Sweden, Freedom of Expression Act loophole increasingly used to post personal data, DPA concerned, 880 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |