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Science, Computers & Technology Privacy Consumer Protection

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FTC Provides Guidance on Reasonable Data Security Practices (Part I of III)

by Patrick Law Group, LLC on

Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive data security practices that put consumers’ personal data at unreasonable risk. Although the...more

FTC’s “Stick With Security” #3: Require Secure Passwords and Authentication

by Snell & Wilmer on

On August 11, 2017, the FTC released its third “Stick with Security” principle, which touched on the necessity of strong authentication practices. Secure passwords and fortified authentication practices make it that much...more

FTC’s “Stick With Security” #2: Control Access to Data Sensibly

by Snell & Wilmer on

On August 4, 2017, the FTC released its second “Stick with Security” principle, which addressed the next step a company should take after it has identified confidential data in its possession and determined what information...more

Measure Introduced In The House To Restrict Internet Surveillance Of Americans

by King & Spalding on

On October 6 a bipartisan group of lawmakers from the House Judiciary Committee unveiled the USA Liberty Act (H.R. 3989), which seeks to reform and reauthorize Section 702 of the Foreign Intelligence Surveillance Act. Section...more

Monthly TCPA Digest - September 2017

by Mintz Levin on

Ready for good news about TCPA litigation? In this edition of our Monthly TCPA Digest — providing insights on Telephone Consumer Protection Act (TCPA) cases and regulations — we point to a glimmer of hope for businesses....more

Validity of personal data export mechanism thrown into question

by Dechert LLP on

The Irish High Court recently asked the Court of Justice of the European Union (CJEU) to rule on the validity of “standard contractual clauses” as a basis for transferring personal data out of the European Economic Area...more

Equifax Fallout Could Boost Consumers' Shaky Harm Claims

Tim Toohey was quoted in Allison Grande’s article that ran in Law360 on October 6, 2017, discussing the Equifax data breach and the congressional hearings in both the Senate and House following the breach. The hearings have...more

SEC and States Are Upping Their Cyber Game, Are You Doing the Same?

September 2017 saw no respite from the relentless pace of cyber developments, not only from the perspective of rapidly evolving attacks, but also from the perspective of dynamic federal and state regulatory moves. In...more

Schrems Redux: What's the Future for Transatlantic Data Transfers?

by Bryan Cave on

What Now? With its decision on Tuesday 3 October 2017 referring a preliminary question on the validity of the European Union’s “standard contractual clauses” (“SCC”) regime to the Court of Justice of the European Union...more

State Data Breach Notification Laws

by Foley & Lardner LLP on

While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more

NERC Proposes to Reduce Cybersecurity Risks in CIP Supply Chains

by Morgan Lewis on

The proposed Reliability Standards focus on vulnerabilities in vendor products and services and would regulate the utility procurement process....more

Ohlhausen Examines 'Informational Injury'

Making good on her promise to focus on concrete consumer injury, Acting Chair of the Federal Trade Commission Maureen K. Ohlhausen announced a December workshop on “informational injury.”...more

FTC to hold workshop on informational injury

by Ballard Spahr LLP on

The FTC has announced that it will host a workshop on December 12, 2017 in Washington, D.C. to examine consumer injury in the context of privacy and data security....more

UK Data Protection Bill Published

by King & Spalding on

On September 13, 2017, the UK Data Protection Bill (the “Bill”) was introduced in the House of Lords. The UK government announced its intention to propose new legislation to update existing UK data protection law (namely the...more

Potential Legislation on the Horizon Following Major Data Breaches

by Morgan Lewis on

In the wake of several major data breaches over the last several months, new data security and data breach notification bills have been introduced in the US Congress, and others may also be in progress....more

Illinois Geolocation Privacy Protection Act Vetoed By Governor Rauner

by King & Spalding on

The Geolocation Privacy Protection Act, which passed the Illinois Senate and General Assembly earlier this year, was vetoed by Illinois Governor Bruce Rauner on September 22, 2017. The bill (HB-3449) was the first of its kind...more

SEC Announces Cyber Enforcement Initiative: Distributed Ledger Technology, Initial Coin Offerings Under the Microscope

by Goodwin on

The new SEC Enforcement Cyber Unit will target cyber-related misconduct, including violations involving distributed ledger technology, initial coin offerings and misconduct perpetrated using the dark web....more

Schrems II Judgment Rendered

A 152 page judgment was rendered on October 3, 2017 by the Irish High Court in Schrems II: DPC v Facebook Final. Nor surprisingly, the court decided to refer the case to the Court of Justice of the European Union to make...more

Equifax Data Breach Fallout Continues

Just weeks after it was announced, the Equifax data breach has already resulted in multiple class action lawsuits, state attorneys general actions, and a renewed call to pass uniform, national data breach legislation....more

Court Trims FTC Complaint Asserting Deception and Unfairness Claims

by Hogan Lovells on

Recently, the U.S. District Court for the Northern District of California dismissed three of six claims the Federal Trade Commission (FTC) asserted against D-Link Systems (D-Link) related to its sale of routers and IP cameras...more

The Continuing Saga Of Standing In Data Breach Class Actions: The 8th Circuit Weighs In

by Carlton Fields on

We previously reported on the developing circuit split over Article III standing in data breach class action cases. In August, the D.C. Circuit Court joined the Sixth, Seventh, and Ninth Circuits in finding that the...more

Equifax Breach Felt From Lawsuits to Legislation to … Arbitration?

As the Equifax data breach continues to reverberate—with multiple class actions filed, calls to revamp the credit reporting industry and new legislation proposed—even the arbitration rules of the Consumer Financial Protection...more

Security Vulnerabilities Identified In Wireless Syringe Infusion Pumps

The U.S. Department of Homeland Security (DHS) recently issued a warning that Smiths Medical Medfusion 4000 wireless syringe infusion pumps contain a security vulnerability that can be exploited by hackers to alter the...more

CFPB Walks the Data Privacy Tightrope on Public HMDA Disclosures

In the wake of the Equifax data breach, consumers, companies, and regulators alike are cognizant of the potential exposure of personal information, and many companies are looking at ways to decrease the risk of unauthorized...more

News Of Apple’s Software Update Causes Debate In Ad Tech Community

by King & Spalding on

On September 14, 2017, six major advertising groups addressed Apple with an open letter, asking the company to re-think its plans to introduce smart cookie-blocking technology in its upcoming software update for Safari in iOS...more

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