Winston & Strawn: Privacy Law News Client Bulletin

These articles originally appeared in our Privacy Law Corner blog between between August 21, 2012 and September 19, 2012.

Court Rules Video Privacy Act Applies to Free Online Streaming Websites
A California federal magistrate judge recently ruled that the Video Privacy Protection Act, 18 U.S.C. § 2710, is not limited to brick-and-mortar stores, and thus applies to online video streaming services like Hulu.

FTC Pushes Mobile Apps to Provide Privacy By Design
The Federal Trade Commission (“FTC”) has composed guidelines to assist mobile app developers comply with FTC's truth-in-advertising standards and basic privacy principles.

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NIST Issues Final Guidance on Computer Security Incidents
The National Institute of Standards and Technology (“NIST”) released the final version of its revised guidance document on handling computer security incidents “efficiently and effectively.”

Wyndham Files Motion to Dismiss FTC Privacy Suit
In a strongly-worded motion filed in federal district court in Arizona, Wyndham Hotels & Resorts LLC recently asked the court to dismiss all charges filed by the Federal Trade Commission alleging Wyndham engaged in unfair and deceptive privacy practices.

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Debt Collection Messages Received on Cell Phone Gives Rise to Claim Under TCPA
A woman who sued a debt collection agency -alleging that the numerous calls she received on cell phone violated the Telephone Consumer Protection Act- successfully showed that she had suffered enough injury for her case to continue.

FTC Files Complaint Against DISH Network For Placing Unwanted Telemarketing Calls
The FTC recently filed a complaint against DISH Network LLC, alleging that the company violated the Telephone Sales Rule by making millions of unwanted telephone calls to consumers who had previously requested not be contacted.

Illinois Court Concludes “Sniffing” Public Wi-Fi Network is Not a Wiretap Act Violation
The U.S. District Court for the Northern District of Illinois recently ruled on the interception of communications on unencrypted, public Wi-Fi networks, like those used at hotels and coffee shops.

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Philippines Privacy Law Enacted
The Philippines recently enacted a privacy law (the Data Privacy Act of 2012), which law was modeled on the EU Data Privacy Directive, as well as the APEC privacy framework.

Hungary Fines Company for Data Deletion and Transfer Failures
In what is being reported as one of the largest fines assessed to-date, the Hungarian data protection authority recently fined Weltimmo SRO approximately $44,000 for allegedly failing to delete consumer information and for improperly transferring consumer data to third parties.

Uruguay's Data Privacy Law Deemed "Adequate" by EU
The European Union recently approved Uruguay’s data privacy law as providing “adequate” protection.

UK Issues Monetary Penalty in Privacy Breach Case
The UK Information Commissioner’s Office recently announced that it had fined Torbay Care Trust over $275,000 in monetary penalties for the Trust’s accidental publishing of employees’ personal information on its website.

Italy and Portugal Release Data Breach Notification Rules
The Garante per la Protezione dei Dati Personali (the Italian data protection authority) has released a new set of data breach notification rules that implement the European Union’s 2009 amendments to the existing privacy laws (2009/136/EC).

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WOMMA Updates Social Media Marketing Disclosure Guide
The Word of Mouth Marketing Association (“WOMMA”) recently updated its Guide to Disclosure in Social Media Marketing (“Guide”).

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New Illinois Law Limits Employers Access to Employees’ Social Media Accounts
Illinois recently amended the Illinois Right to Privacy in the Workplace Act to prohibit employers from requesting any password or other related account information in order to gain access to an employee’s or prospective employee’s social networking account or profile.

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Advertising, Marketing and Entertainment Law Partners to Speak at the 35th Annual PMA Marketing Law Conference
November 13, 2012

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