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TAXATION

– Bank Secrecy Act (BSA) audit coordination, GAO says IRS should improve, In Brief, 473
– Budget FY2009, Omnibus Appropriations Act

See LEGISLATION, FEDERAL, HR 1105

– Canada

– – Agencies, privacy audits completed, 311
– – eBay Canada must reveal PowerSellers data, 1470

– Cloud computing, World Privacy Forum issues report, 337
– Computer marching program, notice details, In Brief, 1176
– Conn., audit report on stolen agency laptop concludes failure to properly manage and protect data, 1499
– Credit card payments, RBS WorldPay to process despite recent breach, 667
– Cross-border data sharing, IRS says privacy and rights protected, In Brief, 748
– Data retention

– – Dumpster, tax preparer tossed client files, damage showing needed for breach, tort, and tax class claims (E.D. La.), 82; state claim of loan brokering without license not added, In Brief, 678; motion for reconsideration dismissed, In Brief, 807; specific list of lax data security measures allows privacy policy breach claims to survive, 961; some discovery limited, requests overbroad, 1382
– – Sensitive but unclassified waste disposal, TIGTA report suggests improvements, 773

– Data security, IRS

– – E-File

– – – CERCA group seeks IRS input, In Brief, 677
– – – Filers less concerned about now, In Brief, 343
– – – Provider standards, IRS proposes to protect data and prevent fraud, 1052
– – – Regulation, official says guidance won't result in rule, 867
– – – TIGTA releases review, says modernized system deployed with known vulnerabilities, 160

– – GAO report indicates progress but problems exist, 80
– – Laptops, TIGTA reports improvements, 1347
– – Malware, TIGTA report says IRS needs to continue to address threat, 466
– – My IRS Account Project, IRS needs better access authentication, TIGTA report, In Brief, 1313
– – Taxpayer identification number (ITIN) controls needed, In Brief, 599
– – Threats include smishing and ID theft, officials say at Software Developers Conf., 868
– – TIGTA appoints new inspector for data security, In Brief, 1313
– – User accounts, TIGTA says some contractors with no need for still have access, 1168

– Debt collection, IRS updates recall of private cases, In Brief, 540
– Disclosure of tax return data

– – Anonymized tax return statistics, release allowed to help tax preparation business, 160; comments on interim guidance ask for continued distinction between commercial and nonprofit community preparers, 826
– – Copy and transcript requests, TIGTA reports risks, 1607
– – False returns filed with illegally accessed information (S.D. Ind.), In Brief, 540
– – FDIC employee indicted on charge of disclosing confidential bank data (D. Kan.), 1496
– – IRS made 5.4 billion government disclosures in 2008, JCT report, In Brief, 541
– – Japan taxing authority, taxpayer's claim of IRS improper data disclosure remanded (9th Cir.), 1146
– – Monitoring, TIGTA says more steps are needed to protect accounts, 1526
– – Unauthorized inspection of tax data rule set, In Brief, 287

– E-file phishing conspiracy, man arrested (S.D. Cal.), In Brief, 717
– E-health, IRS approves 30 regional networks for tax exemption, In Brief, 1507
– E-mail authentication, group singles out IRS for praise of use, 589
– Employee identification cards, TIGTA says progress slower than reported, 1051
– 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
– FOIA request compliance, TIGTA reports improvement, In Brief, 1313
– Identity theft

– – For-profit identity theft service industry, consumer group urges FTC to review practices, 464
– – Fraudulent returns, GAO report says IRS stops most but $15M still got away, 1467
– – Nursing home residents' stolen tax data used fraud scheme, four more sentenced (W.D. Mo.), In Brief, 174
– – Preparation service office files searched and seized, sheriff's office lacked probable cause for warrant (Colo. Dist. Ct.), 442
– – Puerto Rican residents, N.Y. man sentenced for tax refund scheme (S.D.N.Y.), 775
– – Scams, IRS cautions against, In Brief, 1176

– Internet access taxes, Sen. Thane (R-SD) added as Congressional Internet Caucus co-chair, In Brief, 635
– IRS budget, Comm'r Shulman lobbies Congress, In Brief, 785
– Italy, Cerved unable to use tax and voting records mistakenly posted on government website, 170
– Netherlands driving tax, DPA urges stronger privacy safeguards, In Brief, 965
– New York

– – Breach disclosed by state agency, former worker charges with identity theft (N.Y. City Ct.), 628
– – Data security hires and purchased technology, business credit proposed, 636

– Offshore accounts merchants, IRS to summon payment card processor to identify (D. Colo.), 586
– Personnel data, no proof anonymous TIGTA worker's letters violated Privacy Act (D.D.C.), In Brief, 807
– Search and seizure

– – Identity theft, preparation service office files searched and seized, sheriff's office lacked probable cause for warrant (Colo. Dist. Ct.), 442
– – Warrant to search business premises for documents, corporate executives may lack standing to challenge (9th Cir.), 239; ruling amended, In Brief, 842

– Swiss bank client names, U.S. petitions court to enforce summons (S.D. Fla.), 301; TRO issued (Bundesverwaltungsgericht), 341; UBS official tells Senate panel of objections to IRS summons, 394; Switzerland says IRS summons violates tax treaty and threatens agreement (S.D. Fla., brief filed), 716; DOJ affirms it is not dropping summons, 954; DOJ files memorandum, In Brief, 993; DOJ files memorandum, summons is only means to gain UBS account data, In Brief, 1034; trial postponed, In Brief, 1069; U.S. and UBS announce settlement, 1205; settlement terms announced, 1241; IRS requests account details, EC wants similar assistance, 1285; Conn. AG seeks UBS names, 1285; Swiss judge orders UBS to notify clients before turning over account details, 1391
– Time records of agent, whether target of investigation may inspect (U.S., rev den), In Brief, 938

TCPA

See TELEPHONE CONSUMER PROTECTION ACT (TCPA)
– Junk faxes claims

See FAXES

– Telemarketing

See TELEMARKETING

TELECOMMUNICATIONS

– Abusive marketing, French firms fined, need better way to opt-out or unsubscribe, 935
– Argentina, data retention law giving secret service access to e-mails and calls unconstitutional (CSJN), 340
– Australian cybersecurity legislation to allow early interception of online messages, 1438
– Canada

– – Customer data use and privacy rules, agency launches review, 312
– – Deep packet inspection, Bell Canada needs to explain use, 1289

– Cell phones

See CELLULAR TELEPHONES

– Customer proprietary network information (CPNI), FCC seeks $13M in fines saying firms did not certify compliance, 327
– Data retention, Art. 29 Working Party to probe practices, 470
– Data retention, Irish bill to cut how long data kept, 1064
– Do-not-call registries

See DO-NOT-CALL REGISTRIES

– E-mail

See E-MAIL

– EU

See EUROPEAN UNION (EU)

– Faxes

See FAXES

– FCC appointments and personnel

See FEDERAL COMMUNICATIONS COMMISSION (FCC)

– FTC Act, Leibowitz calls for elimination of common carrier exemption, 705
– Internet

See INTERNET

– Japan, police ask ISPs and carriers to retain communication logs for three months, 1537
– Marketing, consent required to share phone customer personal information, FCC rule upheld (D.C. Cir.), 300
– NSA telecommunications records litigation, class action claims dismissed, FISA amendments constitutional (N.D. Cal.), 828
– Portugal, new law sets rules for consumer call centers, 838
– Retention marketing, Verizon may not use proprietary customer data, expedited review granted (D.C. Cir.), 276
– Spain, AEPD opens compliance review, 631
– Spam

See SPAM

– Spoofing

See SPOOFING

– Surveillance, town officials have no qualified immunity for recording all calls from office for six years (7th Cir.), 1095
– Sweden, cross-border communications surveillance law amendments to add court and privacy review, 804; Parliament approves, 1535
– Telephone records sold, no CDA immunity from FTC Act unfair practices claims (10th Cir.), 1020

TELEMARKETING

– Cell phones calls unsolicited

– – FCC, wireless firms seeks enforcement of TCPA and CAN-SPAM Act, consumer complaints increase, 737
– – Verizon Wireless to be paid by telemarketer to settle suit (D.N.J.), 500

– Charity scams, FTC and state agencies announce crackdown, 771
– Do-not-call registries

See DO-NOT-CALL REGISTRIES

– Due diligence, judgment sets new standard, telemarketer used data stolen from Certegy Check services (Fla. Cir. Ct.), 591
– FTC, strategic plan adopted that includes consumer and global privacy issues, 1466
– German bill includes penalties, clears lower house of Parliament, 501; upper house of Parliament approves, fines added, 741; bill signed, includes opt-in consent for marketing, 951; Analysis and Perspective, 1003; law takes effect, 1172
– Italian telephone databases, DPA increases fines, 472
– Junk faxes

See FAXES

– Prerecorded messages

– – Ass'n Health Care Mgmt. case dismissed, failed to meet amount-in-controversy requirement (S.D. Ohio), 442
– – Debt calls to cell phone may violate TCPA (W.D.N.Y.), In Brief, 1578
– – Robocalls

See ROBOCALLS

– Sale Rules, unsolicited robocall ban takes effect, 1263
– Spoofing

See SPOOFING

– Stalking, calls and e-mail need to threaten safety to meet level (Or. Ct. App.), In Brief, 635
– Text messages are “calls” under TCPA, capacity not actual activity decisive (9th Cir.), 959

TELEPHONE CONSUMER PROTECTION ACT (TCPA)

– Beaty Constr., junk fax recipients class certified (N.D. Ill.), In Brief, 314
– Debt calls to landline transferred to cell phone, FCC seeks comments, 494
– FCC FY2010 budget request, House Appropriations panel approves, In Brief, 993
– Junk faxes claims

See FAXES

– Telemarketing

See TELEMARKETING

– Text messages are “calls,” capacity not actual activity decisive (9th Cir.), 959

TELEVISION AND RADIO

– Closed circuit television (CCTV), data rights second to child's best interest, Art. 29 Working Party, In Brief, 343
– Do-not-call registries

– – Comcast agrees to settle FTC violations (E.D. Pa.), 590
– – DirecTV agrees to settle FTC violations (C.D. Cal.), 590
– – Dish Network and dealers, FTC and state AGs allege no call and state law violations (C.D. Ill.), 497; Dish Network settles with 46 states, In Brief, 1068; two dealers settle FTC charges (E.D. Mich.), 1381

– Retention marketing, Verizon may not use proprietary customer data, expedited review granted (D.C. Cir.), 276
– Time Warner, court approves class settlement in cable firm sale of customer data (E.D.N.Y.), 1144

TENNESSEE

– False identification penalty law signed, In Brief, 785

TERRORISM

– Critical infrastructure

See HOMELAND SECURITY

– DHS asst. secretary for terrorist financing, Senate approves Cohen, In Brief, 717
– Duke Univ. conference speakers predict Obama to boost U.S. and EU data sharing plans, 193
– E-mail access, NSL nondisclosure continues after in camera review (S.D.N.Y.), In Brief, 1578
– Encryption of portable devices, ICO orders Home Office, 168
– Financing

– – CFTC and FinCEN agree to share information and maximize resources, In Brief, 174
– – SWIFT network

– – – EU Article 29 group discusses at plenary session, 594
– – – Temporary pact negotiations, EC seeks until Lisbon Treaty enters into force, 1062; EU to incorporate data protection recommendations into pact, 1283; European Parliament adopts resolution setting guidelines for new agreement, 1351
– – – U.S. Treasury respected privacy safeguards, EC-appointed judge concludes, 340

– France, new crime bill allows government monitoring of cybercriminals' internet use, 837
– Fusion centers, DHS releases PIA, In Brief, 22
– Guantanamo detainees' and families' privacy protected under FOIA (2d Cir.), In Brief, 92
– Hotel register data collection, DHS reports on whether practice is in compliance with EU Data Protection Directive, In Brief, 173
– India as outsourcing center, security concerns voiced, In Brief, 49
– PCI DSS, House Homeland Security panel questions effectiveness against cybercrime, 525; PCI DSS overview, 527
– “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
– Security clearances

See BACKGROUND CHECKS

– Sensitive Security Information designation system, House hearing, witness urges limits on use when blocks public disclosures, 621
– Social networking websites, U.K. proposes inclusion in EU data retention directive, 471
– Surveillance, federal legislation, Outlook, 59
– Terror watch lists

– – Expanded watch list to raise significant privacy issues, In Brief, 1291
– – TSA assumes responsibility, In Brief, 568

– Travel records, EU Parliament member's FOIA complaint dismissed (D.D.C.), 14
– 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

TEXAS

– Data breaches, retailer liability and amendment to extend notice requirement to public sector considered, 507; state house approves extending notice to public sector and adds health data, 679; legislature clears measure extending to public sector and health data, retailer liability bills stalled, 787; retailer liability bill dies in committee, 835; governor signs bill extending breach notice to public and health sectors, 962; law takes effect, 1387
– Former employees misuse proprietary data, civil claim that loss above CFAA floor yields federal jurisdiction (N.D. Tex.), 441
– Improper disposal of customer records, fitness center agrees to injunction (Tex. Dist. Ct.), 1239
– Internal investigations, counsel should heed ruling that nixed privilege once information voluntary shared with others (N.D. Tex.), 1022
– Medical malpractice suit, no health privacy breach in contact with plaintiff's doctors (Tex.), 874
– Photographs of private property, state considers limits on posting images online, 470

TEXT MESSAGES

See CELLULAR TELEPHONES

TRADE SECRETS

– Airlines, ex-worker may have taken secrets but harm needed for injunction (S.D.N.Y.), 931
– Attorney sanctioned for exposing protected papers (Cal. Ct. App.), In Brief, 23
– Cloud computing, World Privacy Forum issues report, 337
– Computer Fraud and Abuse Act (CFAA)

See COMPUTER FRAUD AND ABUSE ACT (CFAA)

– Corporate-owned laptop used to access offensive websites, SCA claim inappropriate (E.D. Mich.), 1094
– Del Monte claim dismissed when documents do not rise to defined level, IT agreement breach claim survives (N.D. Ill.), 533
– Economic crisis and offshoring raise threat of insider breaches and trade secrets theft, McAfee reports, 234
– Executive bonus data subpoenaed, no shield from publication (N.Y. Sup. Ct.), In Brief, 568
– GE jet engine spare parts, disclosing pricing information violates FOIA and trade secrets law (D.D.C.), In Brief, 1314
– Goldman Sachs suffers proprietary computer code theft, FBI charges employee (S.D.N.Y.), 1025
– Obama's official cybersecurity agenda mirrors campaign promises, 157
– SalesTraq Am., CFAA claim fails against party who paid for access but misused contents, other claims continue (D. Nev.), 931
– Social networking workplace policies

– – Advice to employers on what to include in policies, 942
– – Compliance trends, Ponemon survey report, 892
– – Twitter raises concerns, Special Report, 941

TRANSPORTATION

– Air

See AIR TRANSPORTATION

– CLEAR registered traveler program, data transfer enjoined (S.D.N.Y.), 1233
– Credit check used for background check, railroad companies settle FTC allegations of failure to notify workers of use (D. Colo., W.D. Wash.), 1200
– Drug testing, observed urination rule upheld for transportation workers (D.C. Cir.), 776; DOT reinstates rule for return-to-duty and follow-up drug testing, 1142
– E-ZPass agency collection of SSNs from seniors breaches Privacy Act (D.N.J.), 1023
– German rail company screened personal data of workers, probe started, 245; Germany plans worker data protection bill, DPA supports, 304; Berlin DPA sets landmark fine, 1572
– Hazardous Material Endorsement (HME) program, TSA completes over 1 million checks on truckers, In Brief, 22
– Intelligent transport systems, top EU officials urge better privacy safeguards, 1101
– Netherlands driving tax, DPA urges stronger privacy safeguards, In Brief, 965
– Portugal mandates vehicle e-tracking, In Brief, 785
– Right to travel anonymously, French DPA warns public transport company not to charge more for anonymous fare card, 935
– Sensitive Security Information designation system, House hearing, witness urges limits on use when blocks public disclosures, 621
– Transportation Worker Identification Credential (TWIC) program

– – American Samoa, DHS exempts workers, In Brief, 506
– – Delays, employment groups say TSA should speed processing, 1089

– Wrongful death suit, SSN disclosure requirement (U.S., rev den), In Brief, 342

TRAVEL DOCUMENTS

– 9/11 Commission recommendations, progress report on implementation, In Brief, 1104
– Canada, agency privacy audits completed, 311
– Dutch hotels copying or scanning passports, DPA to investigate practice, 1284
– E-Verify, passport information now included in DHS program, 395
– Finland complies with EU passport fingerprint data requirement, In Brief, 994
– Foreign passports and other false data used to bilk U.S. banks, defendant pleads guilty (M.D. Fla.), 401
– Hotel data collection

– – EU Data Protection Directive, DHS reports on whether practice is in compliance, In Brief, 173
– – Night club patron, court to hear Privacy Comm'r of Canada challenge (Fed. Ct.), 170

– 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

– US-VISIT program, DHS expands biometrics collections, In Brief, 21
– Visa Waiver Program country travelers, U.S. electronic travel authorization not visa requirements, 85

TURKEY

– Data protection, law remains stalled, 44

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