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Senator Calls for FTC Probe Into iPhone, Android Data Privacy | News & Opinion | PCMag.com

March 5, 2012 by Leave a Comment

Sen. Charles Schumer is once again turning the spotlight on privacy, and this time the subject is Apple and Android phones.

The senator’s office on Sunday called on the Federal Trade Commission to investigate reports that some apps on iPhones and Android handsets allow your entire photo library to be uploaded without your knowledge.

In the statement, Schumer said, “When someone takes a private photo, on a private cell phone, it should remain just that: private… Smartphone developers have an obligation to protect the private content of their users and not allow them to be veritable treasure troves of private, personal information that can then be uploaded and distributed without the consumer’s consent.”

“It is my understanding that many of these uses violate the terms of service of the Apple and Android platforms through which the apps are marketed and sold,” Schumer continued. “However, it is not clear whether or how those terms of service are being enforced and monitored… I hope you will consider launching a comprehensive investigation to explicitly determine whether copying or distributing personal information from smart phones, without a user’s consent, constitutes an unfair or deceptive trade practice.”

via Senator Calls for FTC Probe Into iPhone, Android Data Privacy | News & Opinion | PCMag.com.

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Conflicts Arise When Complying With U.S. and E.U. Laws | Corporate Counsel (Catherine Dunne)

February 22, 2012 by Leave a Comment

As companies in the U.S. work to comply with laws such as the Foreign Corrupt Practices Act (FCPA), they often conduct internal investigations that rely, in part, on collecting information from employees, such as documents and emails. It’s all perfectly legal in the U.S., but it can quickly lead to potential conflict when in-house lawyers also have to navigate European Union regulations on data protection—laws that guard employee privacy, even for information stored on company computers and servers.

Now imagine a scenario in which that information is even harder to obtain. Such appears to be the case under the E.U.’s new data-protection proposal.

“Currently, one of the ways that in-house counsel manage this potential conflict of laws is obtaining genuinely voluntary employee consent,” says Jim Halpert, a partner in DLA Piper’s communications, e-commerce, and privacy practice in Washington, D.C. “The proposed [E.U.] regulation would declare employee consent—even if freely given—to be per se invalid.”

via Conflicts Arise When Complying With U.S. and E.U. Laws.

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Proposed Facebook Privacy Complaint Settlement Under FTC Review – eWeek.com

November 11, 2011 by Leave a Comment

The Federal Trade Commission has proposed a settlement with Facebook over claims that the site violated user privacy when it changed default privacy settings without warning.

Under a proposed 20-year settlement, Facebook would be required to obtain express consent from users before sharing material that was posted under earlier terms, The Wall Street Journal reported.

The United States Federal Trade Commission has proposed a 20-year settlement with Facebook over charges that the social networking giant changed default user settings that resulted in more information being disclosed than was previously public, a source told The Wall Street Journal on Nov. 10. The source declined to be identified because the settlement hasn’t been finalized.

The proposed settlement would require Facebook to get consent to share the pieces of data if it is different from how the user originally agreed the data could be used, when it was initially posted. The settlement would not cover new features or how consent is obtained for those features. It’s not clear whether there will be any monetary damages.

According to the WSJ report, if the settlement is approved, Facebook would also be subject to an annual, independent review of the site’s privacy practices. FTC and Facebook did not comment.

The FTC began investigating Facebook after the Electronic Privacy Information Center, a Washington-based advocacy group, filed a complaint Dec. 17, 2009. The complaint alleged consumers were harmed when Facebook changed its default privacy settings and requested that the site be required to give users “meaningful control over personal information.” Nine other consumer advocacy groups, including the American Library Association, Consumer Federation of America and The Privacy Rights Clearinghouse, signed the complaint.

via Proposed Facebook Privacy Complaint Settlement Under FTC Review – Security – News & Reviews – eWeek.com.

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India Exempts Its Outsourcers from New Privacy Rules | Network World

November 2, 2011 by Leave a Comment

Personal data sent to India by customers outsourcing IT work there will not be covered by India’s new privacy rules, the government announced in late August. The clarification was a huge relief to India’s large outsourcing industry.

The data privacy rules, issued in April, require companies or their intermediaries to get written consent from individuals about the use of the sensitive personal information they collect. But it would have been very difficult for Indian outsourcers to operate if they had to get written consent from every foreign citizen whose personal data moves through India’s vast collection of call centers and other outsourcing operations.

India’s Ministry of Communications and Information Technology issued a clarification saying the new rules apply only to Indian companies that collect information from individuals. That ended confusion over whether U.S. and European companies sending data for processing to Indian outsourcers would have to follow India’s privacy rules while collecting data in their countries.

The rules define “sensitive data” as including passwords, financial information, medical conditions, sexual orientation and biometric information.

via India Exempts Its Outsourcers from New Privacy Rules.

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India Exempts Outsourcers From New Privacy Rules | PCWorld Business Center

August 24, 2011 by Leave a Comment

Personal data sent to India by customers outsourcing work to companies in the country will not be covered under new rules governing the collection of such information, the government said on Wednesday, providing relief to India’s large outsourcing industry.

The Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules 2011 introduced in April require companies or their intermediaries to take consent in writing from individuals about the use of the sensitive personal information they collect.

The new rules would make it difficult for Indian outsourcers to operate if they were required to take written consent from individuals in other countries whose data they collect and process through call centers and business process outsourcing operations.

As a result of the new rules, companies that rely on India-based outsourcing service providers will be required to adjust their data collection practices to conform to Indian data protection rules, even though their current practices may comply fully with U.S. or European Union privacy rules, said Lawrence Graham LLP, a firm of London-based business lawyers, in a note earlier this year.

A clarification issued on Wednesday by the Ministry of Communications and Information Technology, through the country’s Press Information Bureau, said that a “body corporate” providing services relating to collection, storage, dealing or handling of sensitive personal data or information under contractual obligation with any legal entity located within or outside India is not subject to the requirement of the new rules.

via India Exempts Outsourcers From New Privacy Rules | PCWorld Business Center.

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