News & Analysis as of

Data Collection

Chris Froome Wins Tour Again; Maintenance and Compliance

by Thomas Fox on

Just as he did in 2013, in 2015 and in 2016, Kenyan-born British cycling star Chris Froome crossed the finish line in Paris wearing the Yellow Jersey as this year’s winner of the Tour de France. As reported by Chris Chavez,...more

Nevada Enacts Online Privacy Policy Law; Illinois ‘Right to Know’ Bill Dies

by BakerHostetler on

Effective July 1, 2017, Nevada joined California as the second state to require operators of websites and online services to post a public notice regarding their privacy practices. Like California’s law, the new Nevada...more

FTC Reaffirms that IoT Devices Must Comply with COPPA

The Internet of Things (“IoT”) can be thought of as a group of different devices that can communicate with each other, perhaps over a network such as the internet. We have written extensively about many of the privacy...more

COPPA Guidance Released to Help Businesses Keep Pace With Evolving Internet

by BakerHostetler on

The Children’s Online Privacy Protection Act (COPPA), enacted in 1998, created guidelines limiting the collection of personal information from children online. But 1998 was eons ago in Internet time; the online landscape has...more

Be Careful When Using Biometric Information

by Franczek Radelet P.C. on

While not strictly speaking a wage and hour issue, here is a heads-up to any employers that use timekeeping systems featuring biometric security, like a thumbprint or fingerprint scanner... ...more

Three big questions about AI in financial services

by White & Case LLP on

To ride the rising wave of AI, financial services companies will have to navigate evolving standards, regulations and risk dynamics—particularly regarding data rights, algorithmic accountability and cybersecurity....more

Nevada Enacts Multiple Laws Affecting Consumer Finance

by Ballard Spahr LLP on

Nevada is rolling out a slate of legislation affecting consumer finance, including a measure to protect consumers’ privacy online and programs aimed at mitigating their risk of foreclosure. Here is a list of measures recently...more

NYDFS Makes Inquiry into Life Insurers’ Use of Algorithmic Underwriting

On June 29, 2017, the New York Department of Financial Services (NYDFS) issued an information request pursuant to Section 308 of the New York Insurance Law addressed to all life insurers and fraternal benefit societies...more

China Drafts Legislative Rules Regarding Cross-border Data Transfers

by Morgan Lewis on

The draft legislation provides further guidance on the regulations provided in the recent cybersecurity law, including definitions and details on the security assessments required for cross-border data transfers....more

FTC, NHTSA Discuss Balancing Data Privacy, Security and Innovation with 'Regulatory Humility' at Connected Cars Workshop

by Reed Smith on

Federal Trade Commission (FTC) Acting Chair Maureen Ohlhausen advocated for “regulatory humility” in FTC’s approach to automated vehicles in Washington, D.C., on June 28, 2017, at the Connected Cars workshop hosted by the FTC...more

Orrick's Financial Industry Week In Review

Federal Reserve and FDIC Post Resolution Plans for Eight Major Financial Firms - On July 5, 2017, the Federal Reserve Board (the "Board") and the Federal Deposit Insurance Corporation ("FDIC") posted the public portions of...more

The Smartphone: A Treasure Trove of Evidence in Trade Secret Cases

by Seyfarth Shaw LLP on

It’s hard to believe the first smartphone was released over 20 years ago. At that time, few thought it would become such an integral part of our lives. Additionally, this year marks the 10th anniversary of the iPhone and its...more

New FTC Guidance on Children’s Online Privacy Protection Act

by Morgan Lewis on

In May 2017, Senator Mark Warner of Virginia sent a letter to the Federal Trade Commission (FTC) raising concerns about the security of data collected, transmitted, and/or stored by internet-connected products geared toward...more

Fintech Firm Shut Down and Fined by the FTC

by Carlton Fields on

A financial technology firm and its CEO have agreed to pay $104 million to resolve the FTC’s allegation that they misled consumers into providing sensitive personal and financial information, which was later sold without...more

(Connected) Toy Story: The FTC Updates the COPPA Compliance Plan

by Davis Wright Tremaine LLP on

The Federal Trade Commission (“FTC”) recently issued an updated “Six-Step Compliance Plan for Businesses” (“Compliance Plan”) for entities subject to the Federal Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C....more

Your Apps May Be Selling You Out

by Carlton Fields on

While most people are vaguely aware, even if they are in denial, that their browsers give advertisers access to their search histories, they are probably unaware that information is being sold or given to third parties via...more

Stats plus Security = A winning formula

Notwithstanding the glitz and glamour of multi-millionaire race drivers and champagne, Formula One is all about data. Analytics are fundamental to understanding Formula One races. Teams are fueled by data, and around every...more

Regulatory Considerations for Artificial Intelligence Programs Providing Advice to Individually Managed Accounts

Artificial intelligence (AI) is expected to revolutionize many areas of modern life, including the investment management industry. AI applications currently are being used to develop management programs for investment funds,...more

The Toys Have Eyes (and Ears): FTC Updates COPPA Guidance for Internet of Things

by McGuireWoods LLP on

The FTC has updated its Children’s Online Privacy Protection Rule (COPPA) Six-Step Compliance Plan for Your Business “to reflect developments in the marketplace” – including the introduction of internet-connected toys and the...more

FTC and NHTSA Navigate Privacy and Security Issues at “Connected Cars” Workshop

by WilmerHale on

The majority of new cars today come with a variety of so-called “connected” features, such as the ability to communicate with one another, Internet-connected features and video content, and even the ability to drive...more

Illinois “Geolocation Privacy Protection Act” Passed By Legislature

by King & Spalding on

On June 28, 2017, the Illinois General Assembly passed a bill limiting the collection and use of geolocation information obtained via smartphones. The bill now heads to Governor Bruce Rauner’s desk for signature or veto. ...more

Amendment To Japan’s Omnibus Data Protection Law Mean New Compliance Requirements For U.S. Multinational Employers With Operations...

by Littler on

Effective May 30, 2017, Japan amended its omnibus data protection law, the Personal Information Protection Act (“PIPA”), to add new compliance requirements that will have an immediate impact on many U.S. multinational...more

Compliance with COPPA: So Easy, Even a Kid Can Do It

by Reed Smith on

The Federal Trade Commission has published a new guide that seeks to make compliance with the Children’s Online Privacy Protection Act (COPPA) as easy as 1, 2, 3, 4, 5, 6. Drawing from its detailed FAQs, the FTC has developed...more

IoT Device Companies: Add COPPA to Your “To Do” Lists

by Patrick Law Group, LLC on

Last week, the Federal Trade Commission (FTC) updated its guidance on the Children’s Online Privacy Protection Act (COPPA). COPPA and the FTC’s related COPPA Rules establish guidelines to protect children under the age of 13...more

New York DFS Requests Information on Use of External Consumer Data and Information Sources in Life Insurance Underwriting

by Carlton Fields on

On June 29, the New York Department of Financial Services (DFS) initiated an investigation into the use of external (i.e., not provided by the consumer) consumer data or information sources in connection with underwriting by...more

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Cybersecurity

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