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President Obama’s Proposed Privacy Bill of Rights

Part 2: Notice, Consumer Control, and Context - Yesterday we brought you the first part in DWT’s series analyzing the Obama Administration’s proposed Consumer Privacy Bill of Rights, which would require greater...more

The Consumer Privacy Bill of Rights Redux

On February 27, 2015, the Obama White House released an “Administration Discussion Draft” of its Consumer Privacy Bill of Rights Act of 2015 (Proposed Consumer Privacy Act). ...more

Taming the “Wild West” in the Far East: China Extends Protections for Privacy and Reputation to the Internet, Heightens the Risk...

Although laws targeting Internet-based content have lagged behind in China, the Chinese government has made sweeping changes over the past two years—most recently last fall—that extend offline legal protections to the virtual...more

New Cyber Agency to Combat Cyber Threats

The Obama administration, on February 10, announced its intention to create a new federal agency to combat cyber threats and coordinate digital intelligence among all federal agencies....more

FTC Merger Review Likely to Incorporate Analysis of Privacy Issues

The Federal Trade Commission (FTC or the Commission), along with the U.S. Department of Justice, can challenge mergers it believes will result in a substantial lessening of competition – for example through higher prices,...more

Do Your Due Diligence – Security Concerns May Lurk in Unexpected Places

In 2014, Lenovo began selling its laptops bundled with a piece of software known as SuperFish, which enabled Lenovo to display more targeted advertising content to its users to “enhance [the] user experience” of its...more

No Standing for Data Breach Plaintiffs in Southern District of Texas Class Action

Earlier this month, a Texas federal judge rejected a data breach plaintiff’s claim of a relaxed standard for Article III standing based on the “heightened risks” posed by potential identity theft and security fraud. ...more

European Data Protection Supervisor launches its 2015-2019 strategy

The European Data Protection Supervisor (EDPS) launched it data protection strategy, summarizing it in three strategic objectives and 10 accompanying measures for the next five years. The EDPS stated that it is a crucial...more

Traversing the Breach: Why You Need to Prepare for Data Breaches and How to Do It

“At every board meeting, whether it’s monthly, whether it’s quarterly, cybersecurity should be on [the agenda]. If not, you’re going to wind up in a situation where you’re having an emergency board meeting to discuss...more

What Your TV Wouldn’t Tell You and Your Fridge Didn’t Know: FTC Best Practices for Consumer-Facing IoT Devices

On January 27, the Federal Trade Commission (FTC) issued an FTC staff report titled “Internet of Things: Privacy & Security in a Connected World” (Report). The Report summarizes the FTC’s November 2013 workshop on the privacy...more

Big Data Creates New Opportunities for Health Care Entities

Big Data — the ability to collect, process, and interpret massive amounts of information — has reached health care. Technology has created new business opportunities for health care entities — covered entities, business...more

President Obama’s Proposed Privacy Bill of Rights, Part 1: Personal Data, De-Identification, and Retention Requirements

On Friday, Feb. 27, the Obama administration unveiled a proposed Consumer Privacy Bill of Rights that would require businesses to be more transparent in privacy practices, and provide individuals certain rights aimed at...more

New California Privacy & Protection Act Proposes Standards for Personal Information Encryption, Bans Sales of Voice-Recording TVs,...

New legislation proposed in California includes a package of privacy-related bills referred to as the California Privacy & Protection Act. The bills proposed include...more

Consumer Health Information Update from Both Sides of the Atlantic

As we reported in May 2014, the Federal Trade Commission (FTC) convened stakeholders to explore whether health-related information collected from and about consumers — known as consumer-generated health information (CHI) —...more

European Union Cookie Sweep Highlights Need for Improved Compliance

On February 3, 2015, European data protection regulators released the Cookie Sweep Combined Analysis Report analyzing how websites use cookies to collect data from European citizens and highlighting noncompliance with Article...more

FCC Votes to Approve New Net Neutrality Rules

On a party-line 3-2 vote, the FCC on February 26, 2015, approved new Open Internet (or Net Neutrality) rules, although it has not released the text of its actual ruling. Based on an FCC press release and a written statement...more

FCC Adopts Net Neutrality Rules, Reclassifies Broadband Access under Title II

After nearly 4 million public comments, and months of vigorous public, industry, and Congressional debate, the FCC, by a 3-2 vote, approved revised net neutrality rules to “protect the Open Internet.” As expected by the...more

White House Releases Revised Consumer Privacy Bill of Rights

On Friday, February 27, 2015, the White House released a revised version of its 2012 proposal for a consumer privacy bill of rights. The revised legislative proposal largely tracks with the 2012 proposal in that it focuses on...more

Regulatory Implications of New Products and Services in the Australian Electricity Market

The Energy Market Reform Working Group (Working Group) in Australia released a consultation paper at the end of 2014 regarding the regulatory implications of new products and services in the national electricity market. New...more

Tapping Into the Big Value of Health Care Big Data

In This Issue: - Executive Summary - Improving Care by Tapping Into the Data Goldmine - Big Opportunities Available in Big Data - Government Programs Supporting the Use of Big Data -...more

White House Releases Draft Consumer Privacy Bill of Rights

Friday, the Obama Administration released a draft Consumer Privacy Bill of Rights Act, aimed at establishing baseline protections for individual privacy in the commercial world. If enacted, the bill would preempt state law...more

UPDATE: German Government Proposes New Law Entitling Consumer Protection Organizations to Enforce Data Protection Law

As a general rule, court actions on data protection breaches are an exemption. As reported in our Newsflashes in March 2014 and August 2014 the German government is planning to encourage court actions against breaches of data...more

New California Committee on Privacy Introduces Legislation To Address Emerging Issues

As new technology creates increased possibilities for surveillance — including drones, body-worn cameras, automated license plate readers, red light cameras and even potentially your television – the California Legislature is...more

Executive order "promoting private sector cybersecurity information sharing": top points

In conjunction with the recent White House Summit on Cybersecurity and Consumer Protection Summit, President Barack Obama has issued a much-anticipated cybersecurity information sharing Executive Order, "Promoting Private...more

China to Implement New Personal Data Protection Rules

Effective March 15, 2015, China’s State Administration for Industry and Commerce (SAIC) will implement the new Measures for Penalties for Infringing upon the Rights and Interests of Consumers (Measures). The Measures clarify...more

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