Insights on Mobile

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FCC Seeks Public Comment on Mobile Carrier Privacy Policies Following Data Collection Controversy

By InfoLawGroup LLP on June 29, 2012

In re-launching the inquiry into carriers' data privacy and security practices, the FCC argues that not informing customers about the software or its data practices may have violated the carriers' responsibility pursuant to Section 222 of the Communications Act of 1934 to protect customer data "that is made available to a carrier solely by virtue of the carrier-customer relationship." The law allows such data to be used only in "limited circumstances," a term which is not defined in Section 222. It appears that one of the goals of the renewed inquiry is for the FCC to define the scope of the "limited circumstances."

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The Legal Implications of BYOD (Part II) - Preparing Personal Device Use Policies

By InfoLawGroup LLP on June 11, 2012

In our last "bring your own device" post we explored some of the key security, privacy and incident response issues related to BYOD. These issues are often important drivers in a company's decision to pursue a BYOD strategy and set the scope of personal device use within their organization. If the risks and costs associated with BYOD outstrip the benefits, a BYOD strategy may be abandoned altogether. One of the primary tools (if not the most important tool) for addressing such risks are BYOD-related policies. Sometimes these policies are embedded within an organization's existing security and privacy policy framework. More frequently, however, companies are creating separate personal device use policies that stand alone or work with/cross-reference existing company security, privacy and incident response polices. This post lays out the key considerations company lawyers and compliance personnel should take into account when creating personal device use policies and outlines some of the important provisions that are often found in such policies.

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The Security, Privacy and Legal Implications of BYOD (Bring Your Own Device)

By InfoLawGroup LLP on March 28, 2012

Employees are increasingly using (and demanding to use) their personal devices to store and process their employer's data, and connect to their networks. This "Bring Your Own Device" trend is in full swing, whether companies like it or not. Some organizations believe that BYOD will allow them to avoid significant hardware, software and IT support costs. Even if cost-savings is not the goal, most companies believe that processing of company data on employee personal devices is inevitable and unavoidable.Unfortunately, BYOD raises significant data security and privacy concerns, which can lead to potential legal and liability risk. This blogpost identifies and explores some of the key privacy and security legal concerns associated with BYOD, including "reasonable" BYOD security, BYOD privacy implications, and security and privacy issues related to BYOD incident response and investigations.

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Privacy in Principle (As California Goes, So Goes the Nation? Part Four)

By InfoLawGroup LLP on February 27, 2012

What happened in the privacy world last week? On Thursday, just before the release of the White House Paper, California Attorney General Kamala Harris announced an agreement with the leading operators of mobile application platforms to privacy principles designed to bring the mobile app industry in line with a California law requiring mobile apps that collect personal information to have a privacy policy. It might be argued that the White House is now enunciating principles and best practices, and encouraging legislation of principles, that have long been embodied not only as best practice but as actual legislation under California law.

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InfoLawGroup Speaks with Fox Live about Mobile Privacy

By InfoLawGroup LLP on May 12, 2011

On May 10, 2011, the Senate Subcommittee on Privacy, Technology and the Law held a hearing on mobile privacy. We covered the hearing in detail on our blog. Yesterday, InfoLawGroup partner Boris Segalis spoke with Fox Live's Tracy Byrnes about the balance between business and consumer interests that mobile privacy implicates.The clip from the interview is available on Fox at http://video.foxnews.com/v/4689248/the-congressional-mobile-privacy-hearing/?playlist_id=86861

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Senate Subcommittee Holds Hearing on Mobile Privacy

By InfoLawGroup LLP on May 09, 2011