News & Analysis as of

Personally Identifiable Information Federal Trade Commission (FTC)

Robinson+Cole Data Privacy + Security Insider

Marriott and Starwood Settle on Consent Agreement with FTC for Data Breaches

This week, Marriott International, Inc. and its subsidiary Starwood Hotels & Resorts Worldwide LLC (collectively, Marriott) agreed to settle on the terms of a settlement order with the Federal Trade Commission (FTC) for its...more

Seyfarth Shaw LLP

Careful Data Governance Is a Must Amid Enforcement Focus

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Corporations face unprecedented challenges in safeguarding sensitive data and mitigating privacy risks in an era marked by the rapid proliferation of Internet of Things, or IoT, devices....more

ArentFox Schiff

Federal Court Scales Back HIPAA Online Tracking Technology Guidance

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On June 20, a federal district court in Texas ruled that the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) exceeded its authority under the Health Insurance Portability and Accountability Act...more

Ballard Spahr LLP

The FTC's Revised Health Breach Notification Rule Is Now in Effect

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The Federal Trade Commission (FTC) continues to enforce and update its Health Breach Notification Rule (HBNR) amidst a fast-changing regulatory environment. A new rule, which took effect this week, expands the scope of the...more

BakerHostetler

The Protecting Americans’ Data from Foreign Adversaries Act - What Digital Advertisers, Publishers and Ad Platforms Need To Know

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The Protecting Americans’ Data from Foreign Adversaries Act (PADFA or the Act) was signed into law by President Joe Biden on April 24 as part of a larger foreign aid appropriations bill. Although other portions of the...more

Akerman LLP

FTC’s Updated Health Breach Notification Rule Puts Health App Developers on Notice

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The Federal Trade Commission’s (FTC) years-long effort to modernize its Health Breach Notification Rule (HBNR) in the midst of a swiftly changing technological landscape appears to be coming to an end. On Thursday, May 30,...more

Clark Hill PLC

The Learned Concierge - June 2024, Vol. 9

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Whiteford

Client Alert: What You Need to Know About the FTC’s Changes to the Health Breach Notification Rule and How to Comply

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The Federal Trade Commission (FTC) issued a final rule to amend its Health Breach Notification Rule (HBN Rule). The HBN Rule requires certain entities that handle unsecured personally identifiable health data to notify...more

Wyrick Robbins Yates & Ponton LLP

Broker Face: The Protecting Americans' Data from Foreign Adversaries Act Creates New High Stakes Federal Data Broker Requirements

On April 24, 2024, Congress made headlines by passing a complex foreign aid package, which included the much-discussed TikTok “divest-or-ban” legislation. What received less attention was the Protecting Americans’ Data from...more

Mintz - Antitrust Viewpoints

CFTC Report Calls on Agency to Engage in Rulemaking on AI — AI: The Washington Report

A working group within the Commodity Futures Trading Commission (CFTC) released a report on May 2, 2024, concerning the risks posed by AI adoption in the derivatives market. The report warns that the adoption of AI tools...more

Wyrick Robbins Yates & Ponton LLP

Don’t Call It a Breach Rule: FTC Health Breach Notification Rule Has Been Here for Years, Now Updated to Serve as a Backdoor...

As our loyal Practical Privacy readers may remember, back in December of 2021, the Federal Trade Commission (the “FTC” or “Commission”) began a rulemaking process to update the Commission’s Health Breach Notification Rule...more

Nelson Hardiman, LLP

Cracking the Whip: The FTC’s Clampdown on Healthcare Marketing

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The American reverence for entrepreneurial spirit and free enterprise is reflected in the profound influence of capitalism on our healthcare system. In contrast to many other advanced industrialized countries with state-run...more

Wiley Rein LLP

New Federal Data Broker Law Will Restrict Certain Foreign Data Sales Effective June 23

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On April 24, 2024, President Biden signed into law H.R. 815, which includes the Protecting Americans’ Data from Foreign Adversaries Act of 2024 (PADFA or the Act), a significant restriction on foreign data sales by U.S....more

Seyfarth Shaw LLP

Keeping with the Times - FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update

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On April 26, 2024, the Federal Trade Commission (“FTC”) announced it had finalized changes to modernize the Health Breach Notification Rule (the “HBNR”) by clarifying its applicability to health and wellness apps and other...more

Venable LLP

Data Restrictions in the 21st Century Peace through Strength Act

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On April 20, 2024, the House of Representatives passed H.R.8038, the 21st Century Peace through Strength Act ("supplemental"), which includes a version of H.R.7520, the Protecting Americans' Data from Foreign Adversaries Act...more

Wilson Sonsini Goodrich & Rosati

Congress Proposes New Comprehensive Privacy Legislation: The American Privacy Rights Act

On April 7, 2024, Representative Cathy McMorris Rogers (R-WA) and Senator Maria Cantwell (D-WA) announced that Congress will once again consider a comprehensive federal data privacy bill that, if passed, would dramatically...more

Falcon Rappaport & Berkman LLP

Beyond TikTok: Unraveling the American Data Dilemma

The recent passage of H.R.7521, the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”), by the House of Representatives aims to restrict TikTok to U.S. users unless the platform’s parent...more

Manatt, Phelps & Phillips, LLP

A New Proposal for a Federal Privacy Law is Here: What You Should Know about APRA

Earlier this week, the House Committee on Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) and Senate Committee on Commerce, Science and Transportation Chair Maria Cantwell (D-WA) released a discussion draft of the...more

Robinson+Cole Data Privacy + Security Insider

Congress Introduces Promising Bipartisan Privacy Bill

U.S. Senator Maria Cantwell (D-WA) and U.S. Representative Cathy McMorris Rodgers (R-WA) have made a breakthrough by agreeing on a bipartisan data privacy legislation proposal. The legislation aims to address concerns related...more

Alston & Bird

FTC Denies an Application to Add a New Verifiable Parental Consent Mechanism Under COPPA Rule Without Prejudice

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On March 29, 2024, the Federal Trade Commission (the “FTC”) published a unanimous decision to deny an application by the Entertainment Software Rating Board, Yoti, and SuperAwesome (collectively, the “Applicants”) to add a...more

Guidepost Solutions LLC

FTC Proposes Strengthening Children’s Privacy Rule

On January 11, 2024, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking that would fortify the Children’s Online Privacy Protection Act (COPPA). This move underscores a significant shift in the...more

Ballard Spahr LLP

43 AGs Urge FTC to Update Child Online Privacy Rules

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On March 7, 2024, a bipartisan coalition of 43 state attorneys general sent to the Federal Trade Commission (“FTC”) a letter urging the FTC to update the regulations (“COPPA Rules”) implementing the Children’s Online Privacy...more

Troutman Pepper

More Privacy, Please – January 2024

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NIST Publishes Report on the Cybersecurity of Genomic Data. On December 20, 2023, the NIST National Cybersecurity Center of Excellence (NCCoE) published Final NIST IR 8432, Cybersecurity of Genomic Data. Informed by direction...more

The Volkov Law Group

Data Privacy Update — Keeping Up with Developments

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When it comes to data privacy and regulation of personal information, United States companies face a number of major challenges.  Compliance is not easy when you have fast-moving targets.  The single biggest cause of this...more

King & Spalding

FTC Proposes Stricter Children’s Privacy Rules in First COPPA Update since 2013

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On December 20, 2023, the Federal Trade Commission (FTC) announced proposed revisions to its rules administering the Children’s Online Privacy Protection Act (COPPA). The updates both expand the universe of businesses subject...more

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