Data Privacy Monitor

Data Privacy Monitor

Commentary on Data Privacy & Information Security Subjects

Monthly Archives: November 2011

Will the Driver’s Privacy Protection Act Fuel the Next Wave of Class Actions Against Retailers?

Posted in Federal Legislation, Litigation
Within a month of a California Supreme Court decision in Pineda v. Williams-Sonoma Stores, Inc. (finding ZIP codes constitute personal identification information under California’s Song-Beverly Act), over 100 putative class action law suits were filed against retailers operating in California. A November 22 lawsuit against Best Buy (Siegler v. Best Buy Co. of Minnesota, Inc.) … Continue Reading

RockYou Proposed Settlement Would Leave Decision Standing

Posted in Data Breaches, Litigation
The parties in the Claridge v. RockYou case submitted a proposed settlement agreement to the court for approval on November 14, 2011.  This case, which was filed shortly after RockYou disclosed a breach that compromised 32 million log-in credentials, received national attention in the spring.  In April 2011, the California federal district court declined to … Continue Reading

Senator Reid Seeks to Break Cybersecurity Legislation Gridlock

Posted in Federal Legislation
Despite a strong bipartisan consensus that the United States needs a federal cybersecurity law, partisan bickering has prevented any significant progress on the many versions of cybersecurity legislation pending before Congress. Senate Majority Leader Harry Reid (D-Nev.) is seeking to break the gridlock by bringing comprehensive cybersecurity legislation to the floor when Congress returns from … Continue Reading

Snack Food Company’s Social Media Marketing Campaign Directed at Teens Draws FTC Complaint

Posted in Behavioral Advertising, Enforcement
A consumer institute, Center for Digital Democracy, filed a complaint and request for investigation with the FTC on October 19 related to the marketing of Doritos to adolescents.  The complaint cites a research report, Digital Food Marketing to Children & Adolescents, which identifies digital marketing practices that purportedly pose threats to the health of children.  … Continue Reading

Actual Harm is Required even when a Privacy Law Allows for Statutory Damages

Posted in Litigation
A California federal district court judge found last week that plaintiffs must establish a cognizable injury even when minimum statutory damages are available under a California state statute.  This could prove to be a significant win for the defense bar.  As I discussed here, the recent First Circuit decision in Hannaford could signal a changing … Continue Reading

Baker Hostetler Data Breach Emergency Response Team Launches Data Breach Hotline

Posted in Breach Notification, Data Breach Notification Laws, Data Breaches
After you learn of a potential data breach, the clock is ticking and potential liabilities are mounting. Quickly identifying the right team to guide your company through the complexities of the response is paramount. Baker Hostetler’s Privacy, Security & Social Media Emergency Response Team has launched a dedicated hotline so it can be reached at … Continue Reading