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New York AG Settlement with App Developers Serves as a Warning for the Need for Evidence-Backed Commercial Claims

On March 23, 2017, the New York Attorney General’s office announced that it has settled with the developers of three mobile health (mHealth) applications (apps) for, among other things, alleged misleading commercial claims. This settlement highlights for mHealth app developers the importance of systematically gathering sufficient evidence to support their commercial claims. Read the full article.

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Any Progress? The Draft Data Protection Regulation Celebrates its Third Anniversary

On the third anniversary of the EU Commission’s proposed new data protection regime, the UK ICO has published its thoughts on where the new regime stands. The message is mixed: progress in some areas but nothing definitive, and no real clarity as to when the new regime may come into force. The legislative process involves the agreement of the European Commission, the European Parliament and the Council of Europe (representing the governments of the member states). So far the European Parliament has agreed its amendments to the Commission’s proposal and we are still waiting for the Council to agree it’s amendments before all three come together and try and find a mutually agreeable position. The Council is guided by the mantra “nothing is agreed until everything is agreed”, and so even though there has been progress with the Council reaching “partial general agreement” on international transfers, risk-based obligations on controllers and processors, and the...

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Privacy and Data Protection: 2014 Year in Review

In 2014, regulators around the globe issued guidelines, legislation and penalties in an effort to enhance security and control within the ever-shifting field of privacy and data protection. The Federal Trade Commission confirmed its expanded reach in the United States, and Canada’s far-reaching anti-spam legislation takes full effect imminently. As European authorities grappled with the draft data protection regulation and the “right to be forgotten,” the African Union adopted the Convention on Cybersecurity and Personal Data, and China improved the security of individuals’ information in several key areas. Meanwhile, Latin America’s patchwork of data privacy laws continues to evolve as foreign business increases. This report furnishes in-house counsel and others responsible for privacy and data protection with an overview of key action points based on these and other 2014 developments, along with advance notice of potential trends in 2015. McDermott will...

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FTC Enforces Facebook Policies to Stop Jerk

The Federal Trade Commission (FTC) recently accused the operator of www.Jerk.com (Jerk) of misrepresenting to users the source of the personal content that Jerk used for its purported social networking website and the benefits derived from a user’s purchase of a Jerk membership.   According to the FTC, Jerk improperly accessed personal information about consumers from Facebook, used the information to create millions of unique profiles identifying subjects as either “Jerk” or “Not a Jerk” and falsely represented that a user could dispute the Jerk/Not a Jerk label and alter the information posted on the website by paying a $30 subscription fee.  The interesting issue in this case is not the name of the defendant or its unsavory business model; rather, what’s interesting is the FTC’s tacit enforcement of Facebook’s privacy policies governing the personal information of Facebook’s own users. Misrepresenting the Source of Personal Information Although Jerk...

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Data Privacy Day 2014

In Boston, we celebrated Data Privacy Day (January 28) by presenting “U.S. Privacy and Data Protection: 2013 Year In Review and a Prediction of What's to Come in 2014” for participants in an IAPP KnowledgeNet.  Our panel of speakers discussed significant U.S. data privacy and protection events from 2013 and shared thoughts about what’s ahead for 2014 in U.S. data privacy and protection.  You may download the presentation slides here. We hope you find our presentation materials informative.   Of course, please do not hesitate to contact any member of the Of Digital Interest editorial team with questions or comments.

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LinkedIn Claims Breach of Contract by Bot Users

LinkedIn, the social networking site popular among professionals, recently filed suit in the US District Court for the Northern District of California against unknown users who deployed automated software programs known as “bots” to register thousands of fake LinkedIn profiles and “scrape” LinkedIn’s servers for member data. The complaint alleges that the bot users scraped LinkedIn’s member data to create a service that would compete with LinkedIn Recruiter, a service used by 16,000 clients and companies, including 90 of the Fortune 100 companies to search for job candidates.  LinkedIn alleges that the fake member profiles damages “the integrity and effectiveness of LinkedIn’s professional network,” including the “accuracy and integrity” of the information contained on the site.  LinkedIn argues that members trust LinkedIn and expect that members’ professional profiles are legitimate. One of LinkedIn’s claims is that the unknown users who created and deployed...

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