MRA News
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Jan 30, 2012On December 8, 2011, the Federal Trade Commission (FTC) hosted a roundtable discussion on facial recognition technology and its potential privacy and security repercussions. In direct correlation to the event, the International Biometrics & Identification Association (IBIA) has released recommended guidelines and best practices for protecting privacy and promoting security when implementing biometric technology. The guidelines, known as Face Detection & Face Recognition Consumer Applications: Recommendations for Responsible Use, is...
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Jan 25, 2012The European Union today released a huge overhaul of European Union (EU) data privacy and data security laws, designed "to strengthen online privacy rights and boost Europe's digital economy." We had discussed the expectation of these new rules, and American apprehension about them, as recently as last week. At first glance, there are some potential improvements from the standpoint of the research profession: One law: The 27 EU member states have each implemented the 1995 Data Protection Directive differently. The Commission has instead...
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Jan 20, 2012Major revisions to the European Union's Data Protection Directive have been delayed. Here in Washington, DC, we're expecting new data privacy rules from federal regulators to be released shortly after the President gives his State of the Union address next week. While U.S. regulators seek to harmonize privacy regulations with Europe, the Atlantic Ocean is still proving to be a wide chasm. The EU data protection revisions are reportedly aiming to centralize data protection regulation within EU regulatory agencies rather than leaving it to...
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Jan 19, 2012Today, the United States Supreme Court ruled unanimously that private lawsuits brought under the Telephone Consumer Protection Act (TCPA) can be brought in U.S. district courts based on federal question jurisdiction. The case of Mims v. Arrow Financial Services, LLC., No. 10-1195, ___ US ___, (Jan. 18, 2012), provides a firm resolution to the issue on whether lawsuits may only be brought in federal court, or only in federal courts where plaintiffs can establish a diversity of citizenship. The decision of the Supreme Court was based on a...
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Jan 6, 2012NH - Rep. David Bates (R-04) introduced H.B. 1232, which would repeal RSA 664:14-a III ("Prerecorded Political Messages"), the state's near-ban on political automated calls (including, by implication, automated political research calls). The provision prohibits delivering or knowingly causing to be delivered, "a prerecorded political message to any telephone number on any federal do not call list." A "prerecorded political message" is defined as "a prerecorded audio message delivered by telephone by: (a) A candidate or political committee; or...
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Jan 6, 2012MO - Senator Scott T. Rupp (R-02) reintroduced S.B. 484 (S.B. 9 in the last session), which would forbid making an “automated call” to anyone on the state do not call registry. “Automated call” is defined as “any prerecorded or synthesized voice message resulting from the use of an automatic dialing-announcing device”, although it explicitly excludes calls “From a person or entity requesting the residential subscriber's personal opinion regarding a public policy matter, political candidate, or issue before the voters or which may come before...
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Jan 5, 2012AL - Sen. Sen. Greg Reed (R-05) has re-introduced S.B. 11, similar to last year's S.B. 96, which MRA worked with AAPC to defeat. S.B. 11 would amend Section 17-5-16 of the Alabama Code to require “any communication via phone bank or other automated telephone dialing service to be conducted” with a “notice at the beginning and ending of the phone call that the communication was a paid political advertisement, clearly identifying the identification of the person, nonprofit corporation, entity, principal campaign committee, or political action...
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Jan 5, 2012NH - Rep. Neal Kurk (R-07) introduced H.B. 445, legislation which would provide that, "no person shall use an electronic tracking device to track an individual without the consent of the individual or the parent or legal guardian of the individual, or a valid court order." Further, "No individual shall be offered an incentive, denied an opportunity, or in any way treated by a person differently from any other individual as a consequence of providing or withholding such consent." "Electronic tracking device" means "any item, application, or...
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Jan 5, 2012Congress - Rep. Jose Serrano (D-NY-16) introduced H.R. 3629, which would require that, a "person who owns or operates a retail establishment and uses mobile device tracking technology in such establishment shall display in a prominent location in such establishment a notice that such technology is in use and that individuals can avoid being tracked by turning off their mobile devices". The Federal Trade Commission (FTC) would promulgate regulations and enforce violations as a violation of Section 5 of the FTC Act as an unfair or deceptive act...
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Jan 5, 2012VT - Senator Philip Baruth (D-Chittenden District) introduced S. 241, legislation which would add a new section to the Vermont code ("PROTECTION OF ELECTRONIC BOOK READER PERSONAL INFORMATION") that would prohibit providers of digital and electronic books from releasing a user's personal information unless directed to do so by a court order or when the user has given his or her consent. S. 241 dictates that, "A provider shall not disclose or provide a user's personal information to any person other than the user or to any government entity...