Data Protection Federal Trade Commission

News & Analysis as of

Health Update - July 2016

The Vulnerability of Healthcare Information - According to a report the Brookings Institute issued in May 2016, 23% of all data breaches occur in the healthcare industry. Nearly 90% of healthcare organizations had some...more

Pokémon Go: Catching More Than Just Users

Since its release on July 6, 2016, Pokémon Go has unofficially become the most successful mobile app to date. Generating over 2 million dollars in revenue per day, it already has more daily users than Twitter, and the...more

FTC Issues Warning Letters to 28 Companies Claiming Participation in the APEC CBPR System

On July 14, 2016, the Federal Trade Commission (FTC) announced that it had issued warning letters to 28 companies regarding their claim of participation in the Asia Pacific Economic Cooperation Cross Border Privacy Rule (APEC...more

What you need to know about the new EU-U.S. data transfer pact

In October 2015, the Court of Justice of the European Union (“CJEU”), in its Schems decision, struck down protections afforded by the 2000 CJEU “Safe Harbor Decision.” The Safe Harbor framework had established a system by...more

Privacy Shield is Finally Official

The EU Commission has formally adopted Privacy Shield and the US Department of Commerce will go live with a new Privacy Shield registration website on August 1. US companies that had been registered under Safe Harbor will...more

"Privacy & Cybersecurity Update - June 2016"

In this edition of our Privacy & Cybersecurity Update, we examine the impact of Brexit on EU data protection, court rulings on cyber insurance policy exclusions and coverage gaps, recent statements from the FTC and the...more

How to Comply with the Children’s Online Privacy Protection Act (COPPA)

There are relatively few restrictions on collecting information from children offline. Efforts to collect information from children over the internet, however, are regulated by the Children’s Online Privacy Protection Act...more

Will Privacy Enforcement Actions Impact “Reasonable” Security Measures Needed to Protect Trade Secrets?

In widely-publicized, contested privacy cases last year, the FTC advocated in favor of a high baseline for information security measures.  Among the security practices attacked by the FTC as critical mistakes by companies...more

Cyber Security

Roughly one million pieces of malware—computer viruses or malicious software—are released every day. In recent years, we’ve witnessed an unprecedented level of activity in the cyber arena, both in the form of increased...more

FTC: Data Security Primer for Small Businesses and Start-ups

The Federal Trade Commission will host a one day-conference in Chicago at Northwestern’s Pritzker School of Law on June 15, 2016. This event will be the fourth of the FTC’s Start with Security Events nationwide, which build...more

2016 IAPP Global Privacy Summit: Key Themes and Takeaways

Last month, privacy and security professionals from around the world gathered in Washington, D.C. for the International Association of Privacy Professionals’ Global Privacy Summit 2016. The conference focused on the new...more

Internet of Things: FTC Settlement Again Emphasizes the Need to Protect Consumers

On February 23, the FTC announced that computer hardware maker ASUSTeK Computer, Inc. agreed to settle charges that it allegedly failed to protect consumers as required by federal law. The announcement of this settlement is...more

Why and How Your Business Should Protect Sensitive Customer Data

With the battle over data privacy between Apple and the Department of Justice at the forefront of the news cycle, business owners across the country are likely asking themselves: what responsibilities do I have in protecting...more

2016 Mobile Data Privacy and Security Update and 2015 Review

To say that mobile device usage has reached a tipping point would be an understatement. There are now more mobile devices than people in the world, a staggering 7.9 billion mobile devices for 7.4 billion people on Earth. In...more

No Free Passes: FTC Highlights Health Privacy in Congressional Testimony

In testimony to a Congressional subcommittee last week, FTC Bureau of Consumer Protection Director, Jessica Rich, explained the Commission’s efforts to protect consumers’ health data and repeated the Commission’s request for...more

FTC issues 9 orders for PCI DSS compliance assessment information

The Federal Trade Commission (FTC) issued orders to 9 companies at the beginning of this week, seeking information on how each company conducts Payment Card Industry Data Security Standards (PCI DSS) compliance assessments....more

The Internet of Things and the FTC – Don’t Be the Test Case

Kevin Ashton, an expert on digital innovation, stated 15 years ago that, “If we had computers that knew everything there was to know about things—using data they gathered without any help from us—we would be able to track and...more

FTC Examines Process by which Companies Assess Compliance with PCI DSS

The Federal Trade Commission (FTC) has issued orders to obtain information about the process by which businesses audit their compliance with the Payment Card Industry Data Security Standards (PCI DSS) and the role of such...more

EU-U.S. Privacy Shield Framework Text Published: Imposes New Obligations on U.S. Entities that Seek Data Transfers from the EU

The European Commission (EC) has released details of the EU-U.S. Privacy Shield, a new framework under which personal data may be transferred from the European Union (EU) to the United States. The Privacy Shield replaces the...more

Privacy Tip #25 – This week is National Consumer Protection Week: know your consumer rights

The Federal Trade Commission (FTC), in collaboration with over 100 governmental, not for profit and private entities, is spearheading National Consumer Protection week, March 6-12, in an effort to educate consumers about...more

A Closer Look at Cybersecurity Legislation and Regulations in the US and Abroad - United States

Legal Framework - Summarise the main statutes and regulations that promote cybersecurity. Does your jurisdiction have dedicated cybersecurity laws? The United States generally addresses cybersecurity...more

Conducting Market Research? How to Take the "PII" out of Data to Avoid Privacy Concerns

Data can be valuable for a variety of reasons. Organizations often find that one of its greatest values is to research product or service markets, customer behaviors, or market trends. ...more

FTC And ASUS Reach Settlement Over Risk To Consumer Privacy In ASUS-Branded Routers

To date, the U.S. Federal Trade Commission has brought over 60 enforcement actions regarding company data security practices, and 2016 is already no different. On February 23, 2016, the FTC and Taiwanese computer hardware...more

Biometrics: A Fingerprint for Privacy Compliance, Part I

In just the last week, the New York State DMV announced an upgrade to facial recognition software to catch identity thieves trying to obtain fraudulent driver’s licenses, and the Scottish Professional Football League was...more

At A Glance: De-Identification, Anonymization, and Pseudonymization

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

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