News & Analysis as of

Federal Trade Commission (FTC) Enforcement Data Security

BakerHostetler

Data Security, Commercial Email and Employee Reviews Walk into a Bar...

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Sorry folks, there is no punchline here, but there are bottom lines from a settlement the Federal Trade Commission (FTC) announced last week. We discuss three today: (1) the FTC continues to mount broad investigations and...more

Davis Wright Tremaine LLP

FTC Finalizes Expansion of Health Breach Notification Rule's Broad Applicability to Unauthorized App Disclosures

The FTC issued a final rule to lock in changes to the Health Breach Notification Rule (HBNR) that it proposed in May 2023. While the HBNR began as a breach notification rule seemingly focused on a narrow set of applications...more

Farella Braun + Martel LLP

Bipartisan Congressional Leaders Introduce Federal Data Privacy Bill

Senator Maria Cantwell (D-Washington) and Representative Cathy McMorris Rodgers (R-Washington) have presented a draft of a federal data privacy law, the American Privacy Rights Act (APRA).  APRA would largely preempt the...more

Schwabe, Williamson & Wyatt PC

Highlights from this week’s IAPP Global Privacy Summit

Since 2011, I’ve attended the International Association of Privacy Professionals’ Global Privacy Summit in Washington, D.C. Each year one session gets everyone talking; this year the honor went to “Direct Insights from U.S....more

BakerHostetler

FTC Releases Privacy and Data Security Update

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On March 28, 2024, the FTC released its annual Privacy and Data Security Update (Update), which highlights the enforcement actions, guidance, and rules promulgated by the agency from 2021 through 2023 to protect consumer data...more

Jackson Lewis P.C.

Top 10 for 2024 – Happy Data Privacy Day!

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To celebrate Data Privacy Day (January 28), we present our top ten data privacy and cybersecurity predictions for 2024. 1. AI regulations to protect data privacy. Automated decision-making tools, smart cameras, wearables,...more

Wiley Rein LLP

FCC Expands Privacy and Data Protection Work with States to Increase Investigations

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Federal Communications Commission (FCC or Commission) Chairwoman Jessica Rosenworcel issued a Press Release yesterday announcing that the agency’s Privacy and Data Protection Task Force (Task Force) signed Memoranda of...more

ArentFox Schiff

The Federal Trade Commission and Artificial Intelligence

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Artificial intelligence (AI) burst into the public consciousness less than one year ago, with OpenAI’s highly successful public release of ChatGPT. Since then, AI-enabled products and services have proliferated throughout the...more

ArentFox Schiff

Leaked FTC Civil Investigative Demand to OpenAI Provides a Rare Preliminary View of the Future of AI Enforcement

ArentFox Schiff on

On July 13, 2023, The Washington Post broke the news that the Federal Trade Commission (FTC) had issued a Civil Investigative Demand (CID) — a sort of a pre-litigation subpoena as part of what is supposed to be a nonpublic...more

Guidepost Solutions LLC

New EU-U.S. Data Privacy Framework Legalizes Personal Data Transfers from the EU to US

On July 10, 2023, the European Commission announced that it had adopted its adequacy decision for the EU-U.S. Data Privacy Framework (EU-U.S. DPF). This long-awaited decision means that for the first time since the EU-U.S...more

Pillsbury Winthrop Shaw Pittman LLP

The EU-U.S. “Data Privacy Framework”: A New Solution for the Free Flow of Personal Data

U.S. companies can now self-certify to permit personal data to freely flow from the Europe to the United States. U.S. organizations can now self-certify their compliance with the EU-U.S. Data Privacy Framework (DPF) to...more

Davis Wright Tremaine LLP

European Commission Approves EU-U.S. Data Privacy Framework, Paving Way for Streamlined Transfers of Personal Data

Swiftly on the heels of the U.S. announcing it fulfilled its commitments for implementing the EU-U.S. Data Privacy Framework (the Framework), the European Commission (the EC) formally recognized that commercial organizations...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Is Privacy Enforcement Impending for Generative Artificial Intelligence Technologies?

Just last week, researchers at Robust Intelligence were able to manipulate NVIDIA’s artificial intelligence software, the “NeMo Framework,” to ignore safety restraints and reveal private information. According to reports, it...more

BCLP

FTC Policy Statement to Biometric Information and Technology

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The Federal Trade Commission (“FTC”) has issued a policy statement addressing biometric technologies in a signal of enforcement actions to come: It states: “In light of the evolving technologies and risks to consumers, the...more

Foley Hoag LLP - Security, Privacy and the...

Thirty-Three State Attorneys General Show Support for FTC’s Proposed Crackdown on “Commercial Surveillance”

On August 22, 2022, the Federal Trade Commission (“FTC”) indicated through the Advanced Notice of Proposed Rulemaking its intent to limit commercial surveillance – the common corporate practice of collecting, analyzing, and...more

King & Spalding

FTC Signals Increased Enforcement Effort Against Ineffective Data Security Protocols

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With two recent enforcement actions, the Federal Trade Commission (FTC) has shown that administering appropriate data security policies is an area of priority. On October 24, 2022, the FTC announced a Proposed Consent Order...more

Alston & Bird

Recent FTC Order Has Implications for Executive Liability and Corporate Data Minimization Practices

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On October 24, 2022, the Federal Trade Commission (“FTC”) announced a proposed consent order against both Drizly LLC, an online marketplace for alcohol delivery, and its CEO over the company’s alleged security failures that...more

Dechert LLP

Dechert Cyber Bits - Issue 20

Dechert LLP on

Pelosi Statement Dims the Lights on ADPPA - The prospects for the nation’s first comprehensive data privacy law, the American Data Privacy and Protection Act (the “ADPPA” or the “Bill”), dimmed after House Speaker Nancy...more

Gardner Law

2022 Privacy Update

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If you have been following recent privacy news, you know that the pace of new state laws has not slowed from warp speed, even with the specter of a possible federal privacy law looming. ...more

Mintz - ML Strategies

Understanding the American Data Privacy and Protection Act

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On Friday, June 3, Representative Frank Pallone (D-NJ), Chairman of the House Energy & Commerce Committee, Representative Cathy McMorris Rodgers (R-WA), the committee’s Ranking Member, and Senator Roger Wicker (R-MS), Ranking...more

Wiley Rein LLP

[Webinar] The FTC’s Changing Approach to Privacy - June 15th, 2:00 pm - 3:00 pm EDT

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The Federal Trade Commission (FTC) now has a full slate of Commissioners and it is expected to ramp up privacy and cybersecurity enforcement and rulemaking in a number of critical areas. Join us for a discussion of the FTC’s...more

McDermott Will & Emery

FTC Issues Policy Statement Expanding Interpretation of Health Breach Notification Rule’s Scope

McDermott Will & Emery on

On September 15, 2021, the Federal Trade Commission (FTC) voted 3–2 along party lines (with Republican commissioners dissenting) to issue a policy statement announcing an expansive interpretation of the FTC’s Health Breach...more

Sheppard Mullin Richter & Hampton LLP

And Then There Were Three: Colorado Passes Privacy Law, Effective July 2023

Colorado recently joined Virginia and California in passing a more comprehensive privacy law. The Colorado Privacy Act (CPA) will go into effect July 1, 2023. This is six months after Virginia’s law (CDPA) and California’s...more

WilmerHale

10 Areas Of Privacy Law That Look Ripe For Change In 2021

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While still in its relative infancy, privacy law has quickly become a turbulent teenager, with constant change around the world. At a minimum, 2021 will require meaningful efforts to implement the changes of 2020, with a...more

Sheppard Mullin Richter & Hampton LLP

A Look Back at 2018 Privacy Shield Enforcement

Over the course of 2018, the FTC brought several actions against US companies for violations of the Privacy Shield program. The program, which as we have reported on previously gives participating US companies a mechanism to...more

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