Privacy Consumer Protection Elections & Politics

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Hints of a Narrowing of the FTC’s Section 5 Authority Under a Trump Presidency

The transition of power from President Barack Obama to President-Elect Donald Trump is underway. Although President-Elect Trump did not lay out specific policy prescriptions about data privacy or consumer protection during...more

UK to implement GDPR regardless of Brexit

The UK government has confirmed that it will implement the EU General Data Protection Regulation, notwithstanding the UK's decision to leave the EU. This announcement confirms that UK businesses will need to become GDPR...more

States Seek Help To Ensure Security Of Election Systems

In the weeks and months leading up to Election Day 2016, states have made preparations to increase the security of their election systems, despite assurance from the U.S. Intelligence Community (“USIC”) that it would be...more

Cybersecurity Advice from President Obama

We’re writing this week to highlight some of the ways in which President Obama’s evolving views on cybersecurity can help guide corporate governance of data security risks. In an interview with Wired Magazine, the President...more

U.S. Senators Want Answers: Yahoo’s Unacceptable Delay In Data Breach Announcement

The aftermath of Yahoo’s data breach has raised a number of questions from customers, law enforcement, and most recently six U.S. Senators. Yesterday, Senators Patrick Leahy, Al Franken, Elizabeth Warren, Richard...more

Federal and State Authorities Take First Steps Toward Regulating Blockchain, Mobile Banking and Digital Financial Services

Last week, federal and state lawmakers took significant steps toward specific regulations targeting digital financial technology, mobile banking and cybersecurity, signaling the possibility of wholesale changes to the legal...more

FTC Round-Up: NIST Framework Compliance Is Not Enough and Looming Ransomware Enforcement Activity

On August 31st and September 7th, 2016, the Federal Trade Commission (FTC) provided guidance regarding cybersecurity standards, which companies should consider when assessing their current data security posture....more

California Considers Rules For Data Security, Geolocation ­

On Wednesday, August 24, the California state senate (the “Senate”) took action on a bill that would expand the definition of protected personal consumer data to include geolocation and biometric information while also...more

White House Releases Policy Directive On Cyber Incident Coordination

On July 26, 2016, the White House approved a Presidential Policy Directive (“PPD”) on coordinating responses to cyber incidents that occur in the United States. The PPD seeks to clarify who in the federal government is...more

Cybersecurity News and Notes – August 2016

In Case You Missed It: The Federal Trade Commission issued an opinion in the LabMD case, overturning an ALJ’s November 2015 decision holding that the FTC failed to meet its burden to prove that LabMD’s data security...more

Arkansas Ban on Political Robocalls Struck Down

A federal judge for the District Court in Little Rock, Arkansas ruled this week that a 1981 State law banning political robocalls is unconstitutional. The ruling comes less than a year after a federal court overturned a...more

Brexit: Baroness Neville-Rolfe on Data Implications

At the beginning of July, Baroness Neville-Rolfe gave a speech at the annual Privacy Laws & Business conference, outlining the government’s stance on the implications of Brexit for a range of data issues including the GDPR,...more

Brexit Update: The Effect of Brexit on Data Transfers between the United Kingdom and the European Union

In Depth - With the United Kingdom having voted to leave the European Union (Brexit) on 23 June 2016, the free flow of personal data between the United Kingdom and the EU and European Economic Area (EEA) countries is at...more

Cybersecurity News and Notes: June 2016 #4

In Case You Missed It - The FTC settled with mobile advertising company InMobi for $950,000 in civil penalties, along with the implementation of a privacy program, based on the FTC’s charges that InMobi impermissibly...more

Senate Creates Cybersecurity Caucus

On June 14, 2016, Senators Mark Warner (D-VA) and Cory Gardner (R-CO) announced the creation of the Senate Cybersecurity Caucus to help coordinate cybersecurity efforts across Senate committees and keep lawmakers and staffers...more

What does the Brexit vote mean for UK data protection?

US companies and policy makers will no doubt spend a good chunk of the day today considering the possible implications for them of yesterday’s UK vote for Brexit. Mark Carney, Governor of the Bank of England, has issued a...more

Proposed Amendment to Illinois Law Would Have Changed Shape of Biometric Privacy Litigation

Late last week, the Illinois state senate considered an amendment tacked onto to an unrelated bill that would have revised the Illinois’ Biometric Information Privacy Act, a law that has been the subject of much debate and...more

The FCC’s Broadband Privacy Proposal – Hit from All Sides

Initial Comments are due on May 27, 2016 regarding the Notice of Proposed Rulemaking (NPRM) released last month by the FCC in its broadband privacy proceeding. The rules proposed in the NPRM have already been the subject of...more

TCPA Under Scrutiny in Court and by Senate

The Telephone Consumer Protection Act (TCPA) and a 2015 omnibus Declaratory Ruling and Order (2015 Order) interpreting the TCPA issued by the Federal Communications Commission (FCC) have recently faced additional challenges...more

First Circuit and FTC Address Definitions of “PII,” While Michigan Amends Privacy Law to Remove Statutory Damages

On April 29, 2016, the U.S. Court of Appeals for the First Circuit handed down its widely anticipated opinion in Yershov v. Gannett Satellite Information Network, Inc., in which it expanded the reach of the Video Privacy...more

Trump campaign sued for sending spam texts in violation of TCPA

Donald J. Trump for President, Inc., which is the official campaign committee for candidate Donald Trump, was named in a putative class action case on April 25, 2016, for sending unwanted text messages to individuals. The...more

Turkish Parliament Enacts New Data Protection Law

In a step toward its accession to the EU, Turkey has enacted its first comprehensive Data Protection Law. The law was passed by the Turkish Parliament 24 March and published in the Official Gazette 7 April....more

Nebraska Amends Its Data Breach Notification Statute

Since the beginning of 2015, numerous states have amended their data breach notification statutes to include expanded definitions of personal information, clarifications on encryption standards, and new notice content and...more

Tennessee Amends Its Data Breach Notification Laws

Removes the Encryption Safe Harbor, Limits the Timing of Notice, and Expands “Unauthorized Persons” - Effective July 1, 2016, Tennessee becomes the first state to remove the encryption safe harbor from its data breach...more

Recent Amendments to the Russian Personal Data Protection Legislation: The Right to be Forgotten

On July 13, 2015, the Russian President signed Federal Law No. 264-FZ (the Law), which introduced a range of amendments into Russian legislation (the Amendments). In particular, the principle of the “right to be forgotten”, a...more

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