The Privacy Bulletin - June 2, 2009

Obama Names New Cyber Security Chief: On May 29, 2009, President Obama named Melissa Hathaway to head the new White House Office of Cyber Security. Previously, Ms. Hathaway served as the cyber coordination executive for the director of national intelligence who spearheaded the 60-day comprehensive review of national cyber policies earlier this year.

Review of the EU Data Directive Released: In May, Rand Europe, commissioned by the Information Commissioner’s Office of the European Union, released a report providing a comprehensive review of the European Data Directive. The review was commissioned due to concerns that the directive is out of date, burdensome and does not adequately address security risks to personal information. The report concluded that a complete overhaul of the directive is not necessary and recommended new methods to better protect information outside of Europe and harmonization of laws between EU member states.

California Judge Rules LifeLock’s Fraud Alert Service Illegal: On May 27, 2009, a federal judge in the Central District of California ruled that identity theft prevention firm LifeLock violated the Fair and Accurate Credit Transactions Act of 2003 (FACTA) and engaged in unlawful and unfair business practices under California's Unfair Competition Law by placing fraud alerts on its customer’s credit files. The Court reasoned that Congress did not intend for consumers to be able to contract with a business to place fraud alerts. Rather, Congress only intended for a family member, guardian or attorney to make the request on behalf of a potential fraud victim.

Interactive Advertising Bureau Releases Guidelines for Social Media Advertising: On May 18, 2009, the Interactive Advertising Bureau (IAB) released its “best practices” guidelines for social media advertising. The guidelines are intended to help protect consumer privacy, ensure transparency for what and how data is used by interactive media companies. Specifically, the guidelines recommend consumer opt-ins for usage of data for targeted advertising and the creation of additional privacy policies to govern how social data may be used in the context of social advertising.

Maryland Governor Signs Health IT Bill: On May 19, 2009, Maryland Governor Martin O’Malley signed HB 706 into law. The bill fosters the development of Health Information Technology (HIT) and uses HIT funding provided by the American Recovery and Reinvestment Act of 2009. HIT is a tool that use electronic health records to enhance the ability to access health information at the time and place of care exchange health information via secure channels. The intent of HB 706 to encourage the use of electronic medical records.

If you have any questions, comments or would like to schedule a consultation, please feel free to contact any of our Privacy Team Members.

Upcoming Events: Wednesdays with Winston - A "brown bag" lunchtime series focused on the issues of online safety and privacy. Join the Family Online Safety Institute (FOSI) and Womble Carlyle to learn what's happening in online safety at the Federal Communications Commission. June 24, 2009, 12:00-1:30 pm at Womble Carlyle's Washington, DC office. For more information or to register, click here.