News & Analysis as of

Data Privacy Federal Trade Commission

California Bill Mandates Privacy By Design For IoT Devices

Manufacturers of Internet-connected devices (better known as the Internet of Things) should be following a new California bill closely because it would create a mandate under California law that all IoT devices have built-in...more

Geotargeting Medical Facilities? Massachusetts Says ‘No Snoop For You!’

by Morgan Lewis on

Geotargeting—delivering content to users based on their geographic location—has become a popular and effective marketing tool. Yet proper implementation may be more nuanced than originally contemplated because certain...more

FCC Broadband Privacy Rule Dead and Buried

by BakerHostetler on

The Federal Communications Commission (FCC) Privacy and Data Security Rule for broadband internet access service (BIAS) providers (the Privacy Rule) is dead. As we discussed, the new rule that was set to start phased...more

Scratching the Surface: The FTC’s Phishing Tips for Victim Companies Are a Good First Step but Companies Should Not Stop There

by Carlton Fields on

In one type of phishing, fraudsters impersonate your business when contacting consumers. Phishing victims think they’re giving information to your company — by phone or Internet —but instead give personal or financial...more

FCC Broadband Privacy Rule On Hold, Likely Dead

by BakerHostetler on

The new Federal Communications Commission (FCC) Privacy and Data Security Rule for broadband internet access service (BIAS) providers (Privacy Rule) was set to start phased implementation on March 2, 2017. We have previously...more

FTC’s $2.2m Smart TV Settlement Signals Continued IoT Enforcement Focus

by BakerHostetler on

On February 6, 2017, the Federal Trade Commission announced that it had settled charges against VIZIO, Inc., a consumer electronics manufacturer of Internet-connected televisions. The FTC alleged that VIZIO unfairly tracked...more

FTC Suing Router Company Without Underlying Data Loss

by Taylor English Duma LLP on

The new Administration may stand for regulatory rollback in many areas, but consumer privacy is (so far) not one. Trump's Federal Trade Commission (FTC) is pursuing a router manufacturer whose equipment hasn't caused any...more

FTC Case Will Test Its Power in IoT Space

by Morgan Lewis on

A recent action by the Federal Trade Commission (FTC) against an internet of things (IoT) device manufacturer in the Northern District of California is a significant development in the IoT space and data security law. The...more

Smart TV Manufacturer “Smarting” after $2.2 Million Privacy Enforcement

by Kelley Drye & Warren LLP on

This week, the FTC announced a settlement with VIZIO, Inc., one of the world’s largest manufacturers of “smart” TVs. The settlement, also with the Office of the New Jersey Attorney General, arises from claims by regulators...more

FTC / DAA Extend Data Privacy Focus to Cross-Device Tracking

Enforcement of the Digital Advertising Alliance “Application of the Principles of Transparency and Control to Data Used Across Devices” (DAA Cross-Device Principles) officially began on February 1, just a week after the FTC...more

Strengthening international ties – Can support increased convergence of privacy regimes

by Hogan Lovells on

The internet has become today’s global trade route, and personal data is one of its major currencies. The growth in the digital economy is impressive. One study found that economic activity taking place over the internet is...more

FTC Staff Releases Report on Cross-Device Tracking

by Alston & Bird on

The Federal Trade Commission (FTC) recently released its staff report on Cross-Device Tracking. Cross-device tracking refers to the tracking of consumer activity across multiple devices such as smartphones, desktops,...more

Hey, Alexa – Tell Me About My Privacy Rights!

For internet-of-things watchers, some information to chew on: several news outlets have reported on a dispute between Amazon and law enforcement investigators in Bentonville, Arkansas. Arkansas police are investigating an...more

Bullet Points on a Primer: The Quick Version of the Sedona Conference’s Data Privacy Primer

by Carlton Fields on

The Sedona Conference has just published the public comment version of its Data Privact Primer, a publication of its very active Working Group on Data Security and Privacy Libaility. The primer is excellent. ...more

Guidelines for De-Identification, Anonymization, and Pseudonymization

by Bryan Cave on

De-identification of data refers to the process used to prevent personal identifiers from being connected with information. The FTC indicated in its 2012 report Protecting Consumer Privacy in an Era of Rapid Change:...more

Cybersecurity 2017 – The Year in Preview: Changes Afoot in Federal Enforcement?

Editor’s note: This is the sixth and last in our end-of-year series. See our previous posts on trade secrets, state regulation and law enforcement, HIPAA compliance, emerging threats, and energy. See you in...more

Do You Know Where Your Data Is Located? Why Knowing is Half the Battle

by Jaburg Wilk on

Whether you realize it or not, you are probably storing some personal or business data in the cloud. The National Institute of Standards and Technology (NIST) defines cloud computing as a model for enabling ubiquitous,...more

Legal Considerations for Website Privacy Policies

by LeClairRyan on

We get questions from clients about whether they are required to include a privacy policy and, if so, what should it say. The answers may surprise you, but a privacy policy should definitely not be an afterthought for...more

Importance of Maintaining Cybersecurity Measures – Assessing the Ashley Madison Data-Breach Settlement

Daily headlines of data breaches, resulting class actions, governmental investigations and enforcement actions, and the settlements of those actions serve as constant reminders of the need to implement and maintain reasonable...more

In Data Privacy, Don’t Forget the State Attorneys General

by McGuireWoods LLP on

State attorneys general play an active role in data privacy and security matters. Their involvement is increasing as they grapple with changing technologies and threats, rapidly evolving state laws and their relatively broad...more

Summary of the FTC’s 12/7 Workshop on Smart TV and Thoughts for the Future

by WilmerHale on

What are the promises and potential privacy pitfalls when you take an old-fashioned television and connect it to the Internet? On December 7, 2016, the FTC hosted the final installment its Fall Technology Series in an effort...more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter – November 2016

by Alston & Bird on

Updates on the EU: German DPA Publishes First Privacy Shield Guidelines, Requires German-Law Contracts for Transfers. On June 7, 2016, the European Commission adopted the EU-U.S. Privacy Shield. One question that many...more

Companies Perceived By FTC As Emerging Threats

by Bryan Cave on

As discussed in the previous section, the FTC collects complaints about organizations that allegedly violate the data privacy, data security, advertising, and marketing laws. Each month DPI creates a “Surge” report that...more

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

Consumer Data Privacy in Bankruptcy

by Baker Donelson on

Bankruptcy law and privacy law may appear to be wholly separate areas of the law, but they overlap more than one might anticipate. Balancing individual rights and interests to achieve a social good is at the heart of both...more

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