Privacy rules and regulations marketers need to know

March 10, 2011
If you hear "CAN-SPAM" and think of spiced ham or think "C-28" is a Chinese restaurant combo platter, you're either really hungry or--more likely--you're in need of a refresher on the rules for e-mail regulations. Recently, there has been an increase in e-mail regulations. The CAN-SPAM Act, passed in 2003 and amended in 2008, was one of the earliest legislative efforts to rein in spam and ensure e-mail regulations. Just this past year, on December 15, 2010, Canada passed the C-28 Anti-Spam Act, making the sending of unsolicited commercial e-mails to or from Canada a prosecutable offense. Another bill--H.R. 5777, the Best Practices Act--is being discussed in the U.S. If passed, that bill will require transparency and disclosure when organizations collect personal data about online users' behavior and will only allow data recording from users who opt in.

Notes from the IAPP President

March 1, 2011
I cannot recall a time in the past decade when there has been so much activity in the field of privacy. This month’s Privacy Advisor articles cover a breadth of topics, including the Federal Trade Commission and Department of Commerce privacy reports, the use of analytics and privacy enhancing technologies, recent rulings in Canadian and Israeli courts and a case coming up in the U.S. Supreme Court. All of this activity creates substantial challenges for our members.

A comparison of the recent FTC and Commerce Department data privacy frameworks

March 1, 2011
The privacy landscape in the U.S. is undergoing a major revamping. In December, the Federal Trade Commission (FTC) and the Department of Commerce (DoC) separately proposed new policy frameworks for analyzing data privacy. These proposals are the culmination of separate—and comprehensive—reviews conducted by the agencies over the past year. This article summarizes the two proposed frameworks, explores where they are similar and where they differ and suggests what impact these frameworks, if adopted, may have on businesses that collect, use or disclose information about consumers.

The ethical use of analytics

March 1, 2011
The term “analytics” refers to the use of information technology to harness statistics, algorithms and other tools of mathematics to improve decision-making. A wide variety of organizations use analytics to convert data to actionable knowledge. Analytics represent a change from the long-standing approaches to management that often relied on instinct and were largely unsupported and undocumented. Analytics permit corporate decision-making to be driven, assessed and tested by the use of data.

Government options for encouraging use of online privacy-enhancing technologies

March 1, 2011
Recent reports issued by the U.S. Federal Trade Commission and U.S. Department of Commerce call for the use of “privacy-enhancing technologies” (PETs) to improve the quality of information and privacy choice control mechanisms available to individual Internet users. But how will government encourage the use of such technologies? This article briefly surveys the array of regulatory tools available to the government and suggests that mandates of specific PETs be used as a tool of last resort.

Privacy at issue in upcoming Supreme Court case

March 1, 2011
Privacy professionals may find an upcoming United States Supreme Court case, Sorrell v. IMS Health, to be of interest. Certiorari was granted on January 7, 2011, and both sides are actively engaged in preparing for the case at this time.

January-February 2011

February 1, 2011

Notes from the IAPP President

January 23, 2011
In last month’s issue, we asked what you thought about privacy as a competitive advantage. We received some great feedback, including two competing responses that bear mentioning.

Privacy forecast for 2011

January 23, 2011
At the end of each year, the Privacy Advisor asks a group of global privacy professionals to share what they see in the year ahead for privacy and data protection. In this first issue of 2011, we present their forecasts.

Australia’s changing privacy landscape

January 23, 2011
Since the Australian Law Reform Commission Report (ALRC) was tabled in 2008, we have seen the rise of the iPhone, iPad and a doubling of the users of Facebook, as well as an explosion in location-based services. And after a period of stability, Australian and international thinking about how best to protect citizen privacy is on the move.

CNIL revises authorization on whistleblowing hotlines

January 23, 2011
On October 14, 2010, the CNIL adopted a series of amendments modifying and broadening the scope of its single authorization. The CNIL adopted these amendments after carrying out a consultation with private organizations, public institutions and authorities and works councils. While the CNIL’s single authorization applies only in France, this amended version could foster amendments to whistleblowing regulations in other European jurisdictions and further discussions within the Article 29 Working Party.

National Research Council report lays framework for protecting privacy in the age of terrorism

January 23, 2011
In Protecting Individual Privacy in the Struggle Against Terrorists, the National Research Council sets out a framework for the evaluation of classified and unclassified information-based programs that involve the collection and mining of personal data: practices that raise difficult questions about privacy and civil liberties as well as cost, efficacy, legality and societal values.

Greetings

December 9, 2010
In recent months, few privacy news stories have generated as much attention as those surrounding the release of the U.S. Federal Trade Commission's online privacy report last week. The report was highly anticipated, and from Washington to Paris and Brussels to Madison Avenue, a steady stream of reaction and analyses has ensued. The report touches on what some have described as a "breathtaking" range of areas. It recommends that companies develop a privacy-by-design philosophy and calls for more effective transparency in privacy policies and greater protections for children.

Cookie conundrums: A recipe for litigation?

December 9, 2010
Flash cookies, not so long ago, were virtually unheard of in discussions of behavioral targeting and online tracking. Time has passed, and in this past year alone, multiple companies--many involving online marketers and some of their well-known clients--are facing litigation related to their use of Flash Player local storage, which is often referred to as "Flash Cookies" in the public and sometimes confused with Web browser cookies.

Privacy policy? Ask what the consumer wants

December 9, 2010
A Q&A with Qwest CPO Andy Holleman
Following up on our feature on efforts by companies to bring their stakeholders' ideas and concerns into the process of creating or revising privacy policies, Inside 1to1: Privacy asked Qwest Chief Privacy Officer Andy Holleman about the implementation of the company's updated policy, which is now in effect after a lengthy comment and review period.

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