Tag Archives: Behavioral Tracking

Alston & Bird Privacy Program: Thinking Outside the Cookie Jar

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On April 29, Alston & Bird’s Los Angeles office hosted a Privacy Program on Mobile Behavioral Tracking. Dominique Shelton of Alston & Bird moderated a panel that consisted of Alston & Bird attorneys Peter Swire and David Keating and industry professionals from the Office of the Attorney General, California Department of Justice, Ghostery Inc. and Manatt, Phelps & Phillips, LLP.  The panelists discussed new tools, opportunities & risks of mobile behavioral tracking, and text messaging campaign. The discussion included the benefits, and regulatory and litigation risks of using [...] Read more

EU’s Article 29 Working Party Releases Opinion on Internet of Things Protections

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The European Union’s Article 29 Data Protection Working Party (WP29) adopted an opinion (the Opinion) on September 16, 2014 regarding data protection within the Internet of Things (IoT). Recognizing the rapid growth of the IoT, the Opinion responds to emerging data privacy concerns within the IoT, and provides recommendations for stakeholder compliance with EU data protection laws. The IoT is made up of the universe of “smart” devices and applications that communicate with each other electronically. The Opinion focuses on a subset of three IoT applications: 1) “wearable [...] Read more

Privacy Partner Dominique Shelton Authors Privacy Advisor Article on Hulu VPPA Case

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Dominique Shelton, partner in Alston and Bird’s Privacy & Data Security practice and member of the Litigation and Trial Practice group, authored an article appearing on June 19 in International Association of Privacy Professionals’ (IAPP) Privacy Advisor titled, “Court Denies Class-Action in Hulu Case, But There’s More.” In the article, Shelton discusses the Hulu consumer class-action case that has been ongoing since July 2011. Shelton points out that any company that hosts video content on its website or mobile app and includes a “Like” button [...] Read more

A+B Privacy Team Provides Analysis of California AG Privacy Report: New Best Practices Guidance Applies to all Businesses Collecting Personal Information from California Residents

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In follow up to our previous blog, California AG Kamala Harris Issues Privacy Policy Guidance: Making Your Privacy Practices Public Contains Draft Tips for Website and Online Service Privacy Policies, regarding the release of the AG’s report, please see our recently released client advisory providing a detailed analysis of the new privacy guidance: California Attorney General Kamala Harris Releases Long-Anticipated Guidance Regarding Privacy Policy Notices . As conceived, the Report is designed to apply to all businesses, regardless of the country or state in which they operate, based on the [...] Read more

California AG Kamala Harris Issues Privacy Policy Guidance: Making Your Privacy Practices Public Contains Draft Tips for Website and Online Service Privacy Policies

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Today, California Attorney General Kamala Harris released her long-anticipated guidance on privacy policies for companies collecting information from California residents in a report entitled Making Your Privacy Practices Public (the “Report”). While the Report exceeds existing law in many respects, affected companies should take heed to review the report and be familiar with its contents as it sets forth a blue print for how the CA AG’s office views “best practices” in connection with privacy policy drafting in the areas of “Big Data,” behavioral tracking, data security, and the [...] Read more

Special Assistant Attorney General Speaks On Privacy Issues At Alston & Bird’s Los Angeles Office

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As part of the California Attorney General’s ongoing effort to educate the business community regarding privacy issues, Jeffrey Rabkin, Special Assistant Attorney General for Law and Technology, briefed business professionals, privacy officers, in-house and outside counsel on May 13, 2014, in Alston & Bird’s Los Angeles Office.   Mr. Rabkin, who serves as Special Assistant Attorney General to California Attorney General Kamala D. Harris and is the Attorney General’s principal policy advisor on technology, discussed which privacy issues the California AG’s office [...] Read more

Northern District Court Grants Summary Judgment in Favor of Hulu as to the comScore Claims But Denies Summary Judgment as to the Facebook claims

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Any company that hosts videos on their websites and uses analytics or includes a “Like” button or other social plug-in should pay very close attention to yesterday’s decision in In re Hulu Privacy Litigation Case case. As per Alston & Bird’s previous advisory, in the Hulu case, the named plaintiffs allege that Hulu wrongfully disclosed their video viewing selections and “personally identifiable information” to third parties comScore and Facebook in violation of the Video Privacy Protection Act (“VPPA”). The VPPA prohibits disclosures of personally [...] Read more

Northern District of California to Decide in the In re Hulu Privacy Litigation Whether Disclosing Anonymized Data to a Web Analytics Company and Use of the Facebook “Like” Button Violate the Video Privacy Protection Act

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Any company that has a website that (a) contains videos, (b) uses a third-party analytics company to maintain metrics on page views and/or (c) allows users to “like” videos on the site should pay very close attention to the In re Hulu Privacy Litigation pending in the United States District Court of Northern California. In that case, the plaintiffs are seeking statutory damages of $2,500 per violation for alleged video sharing in violation of the Video Privacy Protection Act (VPPA). As there are millions of views per day on the Hulu site, the alleged statutory damages could represent [...] Read more

Kim Peretti and Dominique Shelton Quoted in “Privacy Cases to Watch in 2014”

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Kim Peretti and Dominique Shelton, partners in the firm’s Privacy & Data Security Group, were quoted in a Law360 article discussing the privacy cases to watch in 2014. Peretti noted that the top item on most privacy attorneys’ watch list is how judges will respond to arguments by Wyndham Worldwide Corp. and LabMD Inc., two high-profile cases against the companies over their alleged failure to properly secure consumer data, which will show the challenges to FTC’s data security authority to set standards for the private sector. “As soon as regulators hear about a [...] Read more

2013 Ends with a Bang – Northern District of California Court Denies Hulu’s Summary Judgment Motion in Video Tracking Case

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Many companies host videos on their websites or via mobile apps. They often use analytic companies/vendors to help them track whether the videos are in fact viewed and other information about site usage. This is precisely the issue at the core of the case titled In re Hulu Privacy Litigation, pending in the Northern District of California. In a December 20, 2013 decision, the Northern District of California held that under the Video Privacy Protection Act (“VPPA”), plaintiffs have no obligation to provide evidence of injury above and beyond the statutory violation of alleged knowing [...] Read more