Privacy & Security Law Report: Index-Summary

NANOTECHNOLOGY

– France, CNIL says privacy protections must be designed into applications, 1534

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)

– Background checks for contractors, en banc rehearing petition denied (9th Cir.), 871
– Data security contract requirements proposed, IT groups criticize, 272

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (NIST)

– Cybersecurity Act includes research and data security control standards

See LEGISLATION, FEDERAL, S 773

– Data security, NIST guidance updated

– – Cloud computing definition, comments sought, In Brief, 841
– – Federal agencies, In Brief, 286; NIST releases final revised framework standard and draft technical security protocol, 1167; Cyber Security Inst. analysis critical, 1231
– – Telecommuting guide, In Brief, 342; NIST releases final version, In Brief, 940

– Director, Obama to name Gallagher, In Brief, 1313; Senate confirms, In Brief, 1618
– Domain name system deployment guide, NIST issues security guidance, In Brief, 448
– House Cybersecurity Coordination and Awareness Act, bill increases NIST authority, House Sci. and Tech. panel passes, 1603
– Internet security plan, NIST, NTIA, and Verisign join ICANN to deploy comprehensive technology, 825; new draft security plan published, In Brief, 842
– Senate hearing, Gallagher pledges action on cybersecurity, 1493
– Smart cards, NIST releases two technical standards, In Brief, 1312

NATIONAL SECURITY AGENCY (NSA)

– Homeland Security National Cybersecurity Center chief resigns citing NSA concerns, 437; ICANN names Beckstrom to lead, 981
– Phone records, requests for

See PHONE RECORDS

– Warrantless surveillance

See SURVEILLANCE

NEBRASKA

– E-Verify, governor signs bill requiring use, In Brief, 599
– Identity theft, bogus default judgment scam violates state law (Neb.), 500
– Mental hospital cemetery records, HIPAA does not bar release (Neb.), 985

NETHERLANDS

– Data protection law, Dutch DPA defends scope and limits in analysis paper, says no need for amendments to framework, 989
– Data retention

– – Amendment to set at 12-month limit, ministry may set lower 6-month limit, 1029; government agencies meet with ISPs on new obligations, 1535
– – Search engine Ixquick reduces time to zero, 247

– Do-not-call list, beginning Oct. 1 all companies required to check or face fines, 1029
– Driving tax, Dutch DPA urges stronger privacy safeguards, In Brief, 965
– Enforcement, heftier fines used as deterrent, 779
– Hotels copying or scanning passports, Dutch DPA to investigate practice, 1284
– Spam law expands to ban unsolicited messages to businesses, 963

NEVADA

– Encryption, amended personal information e-data transfer law includes mobile storage devices, 821

NEW HAMPSHIRE

– Data mining of prescription information, state ban upheld (U.S., rev sought), 530; state regulation of de-identified health information, Analysis and Perspective, 544; (rev den), 982; In Brief, 991
– E-health laws include privacy, marketing, and breach notice, 1195
– Medical records disposal, bill requires shredding, 256
– Metadata embedded in electronic documents, lawyers may not mine e-documents from opposition (N.H. Bar Ass'n Ethics Comm.), 736

NEW JERSEY

– Blogger postings on porn software data breach not covered by media shield law (N.J. Super. Ct.), 1095
– Cell phones calls unsolicited, telemarketer agrees to pay Verizon Wireless to settle suit (D.N.J.), 500
– Computer fraud, changing server password after joint venture failed violates state law (D.N.J.), 1530
– Consumer protection, “time bomb” code theory by software purchaser satisfies pleading requirement (D.N.J.), 164
– Cybercrime, governor signs bills on intercepting web communications and penalties to fund crime prevention, 1531
– Data breaches

– – Heartland Payment Sys.

See DATA BREACHES

– – Liability bill most expansive provision in country, 215; no committee action on retailer liability, 507; bill sits in committee, unlikely to pass, 835

– E-ZPass agency collection of SSNs from seniors breaches Privacy Act (D.N.J.), 1023
– Expunged criminal record can never truly be private (3d Cir.), 1384
– Extortion threat to computers, laid off worker pleads guilty (D.N.J.), In Brief, 677
– Funds transfer privacy law covers ordinary customer bank accounts (N.J.), 559
– Legislation, current session includes bills on retailer liability to banks, breach notice, and civil penalties for spyware, 5; bills carried over to 2009 session, 6
– MySpace, verdict against restaurant for manager's access of employee's private chat group (D.N.J.), 1474
– Open records law, land records database firm must pay for SSN redaction of requested records (N.J.), 707
– Sexual harassment settlement agreement not protected from disclosure (N.J. Super. Ct.), In Brief, 473
– Whistleblowers, data security issues voiced, ex-worker has triable retaliation claim (D.N.J.), 708

NEW MEXICO

– E-health

– – Data breach notification bill, 256
– – Electronic medical records system created, governor signs law, 534

– Prescription data, bill restricts use for marketing, 256

NEW YORK

– AIDS patients, doctor must disclose records in misconduct suit (N.Y. App. Div.), In Brief, 1293
– Anonymous web commenters, privacy interest in ISP-stored identifying data held to depend on terms of service (W.D.N.Y.), 397
– Data breach notification, new bill includes encryption, data security provisions, and AG notice, 636
– Defamation, “Skanks of NYC” blog, Google ordered to provide account data (N.Y. Sup. Ct.), 1234
– E-mail

– – Contract or fiduciary claims, alleged disclosure or spam receipt not injury or damage (S.D.N.Y.), 559
– – Discovery, firm seeking unsorted account search must pay costs (N.Y. Sup. Ct.), In Brief, 842
– – Harvesting ban introduced, 258

– Executive bonus data subpoenaed, no shield from publication (N.Y. Sup. Ct.), In Brief, 568
– Financial data measures include e-transfer breach notice and data sharing prohibition, 215
– GPS tracking of car for prolonged period of time, warrant required (N.Y.), 776
– Identity theft

– – Bank tellers allegedly stole account data for counterfeit check scheme (N.Y. Sup. Ct.), 801
– – Medical, bill adds to criminal statute, 636
– – Omnibus law includes employer SSN use and personal data sharing restrictions, 8
– – Puerto Rican residents, N.Y. man sentenced for tax refund scheme (S.D.N.Y.), 775

– Metadata embedded in electronic documents, file name not metadata (N.D.N.Y.), In Brief, 1034
– Motor vehicle accident victim scam, bribes for confidential information, arrests made (N.Y. Sup. Ct.), 1383
– Software subscription automatic renewal programs, firms and state settlement includes penalties and disclosure reforms, In Brief, 940
– Spyware, bill to establish criminal penalties, 5; bill prohibits use of rogue software, In Brief, 48
– Taxation

– – Credit for data security hires and purchased technology proposed for businesses, 636
– – Data breach, N.Y. tax department discloses, former worker charges with identity theft (N.Y. City Ct.), 628

– Transaction receipt printing restrictions bill introduced, 215
– Utility account access, consumer board urges agency to reject plans to use SSNs as user identifiers, 738

NEW ZEALAND

– Credit reports, New Zealand considering changes but awaiting Australian rule review outcome, 1097
– Cross-border data sharing, privacy chief urges quick enactment of amendment to secure EU adequacy approval, 1026
– File sharing, government considers three strikes rule, provisions draws criticism, 1098
– Invasion of privacy, report released on penalties and remedies, In Brief, 448

NEWSPAPERS AND MAGAZINES

– Consumers' Checkbook, Medicare claims data disclosure denied due to invasion of physicians' personal privacy (D.C. Cir.), 238
– Crime scene and investigative photographs, Fla. bills to restrict commercial use, 508
– Ga. right to publicity, nude photos of murdered woman fall outside newsworthiness exception (11th Cir.), In Brief, 994
– Hacking, U.K. newspaper online jobs site admits to incident, 1571
– MySpace, no privacy expectation in posted diatribe against hometown (Cal. Ct. App.), 560
– Public document requests

– – Cell numbers on billing documents must be redacted before disclosure (Pa.), In Brief, 21
– – E-mails deleted, county board must attempt to recover in FOIA request (Ohio), 14
– – Guantanamo detainees' and families' privacy protected under FOIA (2d Cir.), In Brief, 92
– – Madoff scheme, personal identifying data redaction required to release victims' e-mails to media (S.D.N.Y.), 986
– – NCAA disciplinary proceeding on improper faculty assistance to students, media request for documents (Fla. Dist. Ct. App.), 1529
– – Sexual harassment settlement agreement not protected from disclosure (N.J. Super. Ct.), In Brief, 473

– Sweden extends journalism protection to bloggers, In Brief, 598
– U.K. seeks comments on jail terms for misuse of personal information with journalism exception, 1502

NIST

See NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY (NIST)

NONRESIDENT ALIENS

See ALIENS AND CITIZENSHIP

NORTH CAROLINA

– Data breach notification bill to expand notification to attorney general clears legislature, also includes credit report provisions, 1096; governor signs, 1149; law to take effect, 1387
– Data breaches, Carolina Mammography Registry reports unauthorized computer access, 1436
– Dish Network and dealers, FTC and state AGs allege no call and state law violations (C.D. Ill.), 497
– Robocalls, credit card rate marketer ordered to halt (N.C. Super. Ct.), In Brief, 568
– Teacher random drug testing policy held unconstitutional (N.C. Ct. App.), 832

NORWAY

– Doctor choice website increases security after DPA warning, In Brief, 1292

NOTICE

– Abortion provided to minor, attempt to discover nonparty medical records rejected (Ohio), 1024
– Bank of America settlement, privacy class objectors' claims tossed (Cal. Ct. App.), 987
– Behavioral advertising

– – “Merchandising” of user data, French data protection authority report includes warning and call for notice, 501
– – Self-regulatory principles, industry task force to craft, 76; FTC continues support for self-regulation but calls for stronger initiative, 267; 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

– Computer use policy ambiguous, employer cannot copy worker's e-mail to lawyer sent from company laptop (N.J. Super. Ct.), 983
– Data breach notification

See DATA BREACH NOTIFICATION

– Drug testing, employer failed to comply with testing law but no damages awarded when second test confirmed positive results (Iowa), 83
– E-discovery, Article 29 Working Party opinion, Special Report, 315
– Electronic commerce, boilerplate contract clauses, Analysis and Perspective, 1629
– File sharing

– – 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

See LEGISLATION, FEDERAL, HR 1319

– – U.K., new rule would require ISPs to notify users of alleged infringement, comments sought on report, 245

– Mobile devices, consumer groups seek data collection notice, 76; FTC report focuses on COPPA rules, text spam, and spyware, 615
– Mortgage loans, Metropolitan Home Mortgage settles FCRA charges involving prescreened offers (C.D. Cal.), 1238
– MySpace, fictitious page leads to teenage girl's suicide, CFAA provision that arguably criminalized breaches of terms of service void for vagueness (C.D. Cal.), 1278; attorneys offer terms of service drafting suggestions, 1343
– Online 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 web consent debate, 827; House hearing, Google and other leading firms questioned, Boucher seeks baseline protections, 921
– Overseas data transfers, Australia to develop privacy principles including notification, 1500
– Privacy policies

– – Apparel marketer agrees to FTC fine to settle data collection on children and privacy notice claims (S.D.N.Y.), 1521
– – Facebook Terms of Use policy, company withdraws change in retention of personal data, EPIC planned FTC complaint, 299
– – FTC Act, Leibowitz calls for elimination of common carrier exemption, 705
– – Geeks.com, online computer retailer agrees to settle data breach allegations (FTC), 235
– – Google modifies data collection policy, In Brief, 252
– – Gramm-Leach-Bliley Act

– – – Eliminate Privacy Notice Confusion Act

See LEGISLATION, FEDERAL, HR 3506

– – – Model privacy form, SEC reopens comment period on proposal, 584; FTC to release final model GLB privacy notice form by Fall, 732; final form due in Aug., 1166; FDIC board approves, 1554

– – IAPP Privacy Summit speaker says businesses should consider enhanced notices, 479
– – Reunion.com's “forward-to-a-friend” e-mails, policy breach may support claims (N.D. Cal.), 42
– – U.K. draft Code of Practice seeks to simplify, comments sought, 88; “small print big print” education campaign urges individuals to pay attention to small print, 283; U.K. issues to promote transparent use of information, 876
– – Viewpoint, sufficiency of established practices, 1070
– – Wal-Mart Stores, new policy contains some opt-ins and customer preference center, 1053
– – White House website privacy policy allows persistent to link to social media sites, 194
– – Yahoo policy now allows opt-out of behavioral tracking from mobile devices, 1092

– Sears Holdings Mgmt. settles FTC claims of consumer data collection without proper disclosure (FTC), 824; proposed settlement involves software tracking of online activity, 869; settlement casts doubt on sufficiency of established practice, Viewpoint, 1070; FTC approves final consent order, 1306
– Software

– – Subscription automatic renewal programs, firms and N.Y. settlement includes penalties and disclosure reforms, In Brief, 940
– – Unauthorized use, sanction granted for post-notice deletion (W.D. Ky.), In Brief, 1152

– Taxation, Swiss judge orders UBS to notify clients before turning over account details, 1391
– Video surveillance, EU releases draft guide, asks for comments, 1030
– Workplace electronic monitoring increasing, lawyers urge caution, Special Report, 1295

NSA

See NATIONAL SECURITY AGENCY (NSA)