Data Privacy Federal Trade Commission

News & Analysis as of

The CFPB Files First Consent Order Involving Data Privacy

On March 2, 2016, the Consumer Financial Protection Bureau (CFPB) filed the first consent order (Order) involving data privacy since the CFPB’s inception in 2010. The Order serves as a warning to all companies that collect,...more

Alert: Data Privacy Q&A: EU-US Privacy Shield

At the start of February, the European Commission announced it had finally struck a deal with the US Department of Commerce on Safe Harbor's replacement. Below, we address some of the key questions organisations are asking...more

ASUS settles with FTC over insecure home routers

ASUS TeK Computer, Inc. (ASUS) has agreed to settle with the FTC over allegations that “critical security flaws in its routers put the home networks of hundreds of thousands of consumers at risk.” The FTC further alleges that...more

Rep. Johnson Introduces Mobile App, Data Broker Privacy Bills

Representative Hank Johnson (D-GA) introduced two bills on February 10 targeting digital information privacy. The first, the “Application Privacy, Protection, and Security Act of 2016” (H.R. 4517) (the “Apps Act”), would...more

What Employers Should Consider Before Switching to Fingerprint-based Time Clocks, Padlocks and Access Points

Several companies now offer time and attendance solutions that incorporate the use of fingerprint identification technology and purport to eliminate “buddy punching” for hourly employees. In addition to time and attendance...more

Privacy Advocates and ISPs Spar over Targeted Ads

The Federal Communication Commission’s (the “FCC”) landmark decision last year to reclassify Internet service providers (“ISPs”) as common carriers under Title II of the Communications Act of 1934 implicates policy issues...more

Fingerprint Identification Technology

Fingerprint identification technology uses fingerprints to uniquely identify individuals. The technology has been used by law enforcement agencies for decades, and dozens of statutes regulate when government agencies may...more

Legal Developments in Connected Car Arena Provide Glimpse of Privacy and Data Security Regulation in Internet of Things

With the holiday season in the rear view, automobiles equipped with the newest technology connecting carmakers with their vehicles, vehicles with the world around them, and drivers with the consumer marketplace – Connected...more

"Emerging Trends in Privacy and Cybersecurity"

Entering 2016, the relentless stream of cyberattacks continues unabated, having become a "business as usual" reality to which companies must adapt. All companies, regardless of size or industry, are potential targets, and the...more

3 Defining Issues for the Internet of Things in 2016

In an era of ever-evolving ‘wired’ technology, increasing interconnectedness, and business and personal concerns about data security, we recently asked attorneys writing on JD Supra: What will be among the defining issues of...more

[Event] Privacy & Security in the Internet of Things - Jan. 27th, 9:00-10:30am

The IoT era is here. With expectations of tens of billions of IoT devices coming online in the next few years, the data privacy and security concerns are growing almost as quickly. IoT devices are expected to be involved in...more

All You Need to Know About LabMD’s Big Win in/over the FTC

We have been meaning for a while to write about LabMD’s epic data privacy fight against the FTC. We’re sure you have read about the action, and particularly about the administrative order dismissing the government’s...more

FTC Reveals Agenda for PrivacyCon

On December 29, the FTC revealed the full agenda for PrivacyCon, a Washington, D.C. conference scheduled to take place on January 14, 2016. Participants will examine current research and trends related to consumer privacy and...more

Georgia Secretary of State’s office exposed 6 million voters’ SSNs

It is frustrating for citizens to continue to watch state and federal governmental agencies announcing massive data breaches of citizens’ personal information. Here is another one. On Tuesday, December 15, 2015, the...more

Agencies’ experts make privacy regulation a serious threat

Now it is the time to get smart about privacy and technology, because your government regulators are smart and savvy in those areas. No, that’s not a misprint. Though government regulators are often far behind on the...more

Re-Thinking “Substantial Injury”: The FTC’s Potential New Need for Victims

Last month, the Federal Trade Commission’s Chief Administrative Law Judge dismissed the Commission’s long-running data security case against LabMD because it failed to prove that there was an actual or reasonably imminent...more

Why Can’t We Be Friends? FTC and FCC Formalize Cooperation in Consumer Privacy Enforcement

The Federal Trade Commission (FTC) and Federal Communications Commission (FCC) recently formalized an agreement to cooperate when regulating the “deceptive, unfair, unjust and/or unreasonable” acts and practices of common...more

FTC Hosts Workshop on Lead Generation

On October 30, 2015, the FTC held a workshop on lead generation to explore online lead generation in various industries. Lead generation, also called performance marketing, is the process of identifying or cultivating...more

Agreement “In Principle” On New US-EU Safe Harbor Pact

The European Union announced on October 26, 2015, that it had reached an agreement “in principle” with the United States on a new transatlantic data-sharing pact—though a final agreement between the parties is likely still...more

San Francisco Launches First “Internet of Things” Wireless Network in United States

With the onslaught of smart watches, smart thermostats, and even smart refrigerators that allow you to Tweet hungry messages to your followers, it’s only natural that a “smart city” would follow. This week, San...more

Illinois finds itself at forefront of facial-recognition litigation

Illinois is leading the way in regulating facial-recognition technology — it is one of only two states (the other Texas) that has passed laws covering the collection and use of biometric information. Illinois also is...more

FTC and International Partners Launch New Information-Sharing System

On October 25, the FTC and seven members of the Global Privacy Enforcement Network (GPEN) launched GPEN Alert, a new information-sharing system designed to enhance coordinated efforts to protect consumer privacy. ...more

Advertising Law - October 2015 #4

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

Advertising Law - October 2015 #3

With EU Safe Harbor Invalidated, Companies Ask: What Now? - What happens now?: That is the question that businesses across the country are asking after the Court of Justice of the European Union (CJEU) threw out the...more

PRIVACY POLICIES AND THE SALE OF CORPORATE ASSETS: It pays to plan ahead to preserve the value of your data assets

Personal data is a valuable corporate asset. At times, the personal information collected from customers (such as email address, mailing address, phone number, etc.) can be a company’s most valuable asset. Unfortunately,...more

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