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Wyndham Seeks Immediate Appeal Over Whether FTC Has Authority To Regulate Data Security

We have written previously about FTC v. Wyndham Worldwide Corp., currently pending in federal district court in New Jersey, and its potential significance for data security class actions. A recent opinion in that case has...more

FTC Releases 2014 Privacy and Data Security Update, Touting Its Efforts and Achievements in Protecting Consumer Privacy

Last week, the Federal Trade Commission (FTC) released its 2014 Privacy and Data Security Update, summarizing the FTC’s major enforcement actions, policy initiatives, rules, reports, workshops, and outreach efforts in the...more

The Download - June 2014

In this issue: - Senate Judiciary Subcommittee Holds Hearing on Location Privacy Protection Act -Senate Homeland Security Permanent Subcommittee on Investigations’ Hearing and Report on Potential Security...more

Wyndham Gets Life Preserver in Data Breach Case

New Jersey U.S. District Judge Esther Salas agreed to allow Wyndham Hotels and Resorts LLC to immediately appeal to the Third Circuit a ruling affirming the FTC’s authority to bring data security cases. ...more

FTC’s Data Broker Report: Transparency And Consumer Control

Calling for greater transparency and an increase in consumer control, the Federal Trade Commission has released its report on the data broker industry....more

FTC Testifies to Congress on Proposed Senate Geolocation Data Privacy Bill

Earlier this month, the Federal Trade Commission (FTC) testified to the Senate Judiciary Committee’s Subcommittee for Privacy, Technology and the Law about proposed Senate Bill 2171, “The Location Privacy Protection Act of...more

Risk of Data Breaches Keeping You Up? Assess Data Security Before The Holiday Season

Data security breaches marred the 2013 holiday season for many consumers and retailers. The most famous security breach, at Target Corporation (Target), involved the loss of information on 40 million payment cards and...more

FTC Report Seeks Congressional Review of Data Broker Industry

As the advent of “big data” increasingly takes center stage in the data and privacy sphere, data brokers—companies that compile and resell or share consumers’ personal data—have come under increased scrutiny. On May 27, 2014,...more

Malvertising: Senate Committee Releases Report

Terms like “web security” and “data breach” are now familiar to most Americans in light of recent, significant issues with the websites and databases of some large U.S. companies. But web security encompasses more than just...more

Policyholders are Exposed to Cyber-Risk from Their Third Party Contracts

The use of third party technology service providers has become widespread and commonplace in all industries. Technology services like “cloud” data storage providers and software as a service (SaaS) allow companies of all...more

Enforcement Action – FTC Is Not Backing Down and Laboratory Company Goes After a Cyber-Intelligence Company

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is not the only government arm that enforces data breaches. The Federal Trade Commission (FTC) has broad authority to regulate the security of...more

Back Off Business, Cybersecurity Is FTC's Turf Now

On March 7, 2014, U.S. District Judge Esther Salas in New Jersey issued a much anticipated decision rejecting a direct challenge to the Federal Trade Commission’s authority to police corporate cybersecurity practices. Seeking...more

Data Brokers: “Off the Radar” – FTC Calls for Greater Oversight

A report recently released by the Federal Trade Commission (FTC) concludes that data brokers currently operate so far below the radar screen that most consumers are unable to exercise any real control over the collection and...more

Privacy Alert: Judge Backs FTC Authority in Data Breach Case Against Franchisor

On April 7, a federal judge denied the motion of Wyndham Hotels & Resorts, LLC (“Wyndham”) to dismiss a complaint brought by the Federal Trade Commission (“FTC”) for unfair or deceptive acts or practices based on alleged...more

FTC Report Calls For Increased Data Broker Transparency

On May 27, the FTC released a report that claims—based on a study of nine data brokers—that data brokers generally operate with a “fundamental lack of transparency.” The FTC describes data brokers as companies that collect...more

No Judicial Review of FTC Jurisdiction until the Agency Takes a Final Action

Companies that handle personal data may need to litigate an FTC enforcement action to its conclusion before a court will review the Commission's jurisdiction to commence the enforcement action in the first place....more

FTC Calls for Action on Big Data

Following an 18-month investigation into the practices and operations of data brokers, the Federal Trade Commission has issued a voluminous report calling for legislation to regulate the industry in the interests of consumer...more

FTC Uses Its "Unfair Acts" Power to Go After PHI Security Breach

The Federal Trade Commission (FTC) is moving forward with an administrative action against a small medical laboratory that suffered two data security breaches, resulting in its patients’ protected health information falling...more

Privacy & Cybersecurity - May 2014

In This Issue: - EU Court of Justice Creates Broad Interpretation of the ‘Right to be Forgotten’ - White House Publishes Report on Risks and Opportunities Posed by ‘Big Data’ Practices - California AG...more

The “Internet of Things” Rises

Refrigerators that tell you you’re out of milk, cars that warn of an imminent collision, implants that know if you’ve taken your medicine—by tying almost anything into a wireless network, the “Internet of Things” promises to...more

LabMD Attempt to Overturn FTC Decision Declared an Unripe Claim

As far as disputes between administrative agencies and investigated companies, this one has gotten particularly public and ugly. The dispute in question involves the Federal Trade Commission (FTC) and LabMD Inc. (LabMD)...more

FTC Workshop Addresses New Data Privacy Issues Concerning Consumer Generated Health Data

On May 7, 2014, the FTC hosted the latest seminar in their Spring Privacy Series to address the status of Consumer Generated and Controlled Health Data and relate results of recent FTC studies on the topic. Consumers are...more

Regulatory double jeopardy? FTC enforcement of privacy and security in healthcare

How should health care companies strengthen their HIPAA compliance programs to manage the risk of a potential FTC investigation? While the U.S. Department of Health and Human Services (HHS) Office for Civil Rights...more

Snapchat Settles FTC Charges of Misrepresenting Privacy and Security Features

Snapchat, a mobile app that lets users send photos and videos that self-destruct within ten seconds, settled FTC charges relating to the app's ephemeral message feature and the app's data collection and security features....more

Snap Judgment: FTC Alleges Snapchat Did Not Keep Its Privacy and Security Promises, But Suggests Broad New Duty in the Process

Snapchat’s recent settlement with the Federal Trade Commission (FTC) generally provides a comprehensive but not groundbreaking roadmap to the FTC’s privacy and data security expectations in the mobile environment under...more

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