News & Analysis as of

Federal Court Refuses to Dismiss FTC Data Security Authority

On April 7, 2014, in a landmark decision with broad implications for American businesses, the U.S. District Court for the District of New Jersey upheld the U.S. Federal Trade Commission’s authority to regulate data security...more

FTC Still In Charge Of Privacy Enforcement: Ten Lessons From Wyndham

The Federal Trade Commission (FTC ) is the most active and aggressive federal government agency to investigate and enforce data privacy and security laws against businesses. Section 5 of the FTC Act empowers the agency to...more

U.S. and U.K. Sign Memorandum of Understanding for Collaboration on Data Privacy Enforcement

Citing the increasing frequency with which consumer information crosses international borders and the need for coordinated monitoring and enforcement strategies related to consumer privacy, the U.S. Federal Trade Commission...more

FTC Data Security Authority Confirmed, For Now: Wyndham’s Motion to Dismiss Denied

The FTC’s Claim - A New Jersey federal judge has confirmed the Federal Trade Commission’s (“FTC”) authority to regulate data security and bring claims against companies suffering data breaches due to inadequate...more

Part II: Fair Notice or No Notice? The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data Security

In our first blog in this series, we provided a summary of the District Court of New Jersey’s recent decision in FTC v. Wyndham Worldwide Corp., in which Judge Salas confirmed the FTC’s authority to bring enforcement actions...more

DOJ & FTC Release Cybersecurity Threat Information Exchange Policy

The US DOJ Antitrust Division and the FTC yesterday released a joint policy statement on the sharing of information between private parties, including competitors, to counter cybersecurity threats. The agencies acknowledge...more

Federal Court Upholds FTC’s Authority To Bring Enforcement Actions Over Data-Security Standards; Will Class Actions Follow?

Already, 2014 has been an eventful year in the world of data breaches and cybersecurity. In addition to a flurry of litigation over high-profile breaches at the start of the year, the National Institute for Standards and...more

U.S. District Court Confirms FTC Authority To Regulate Corporate Data Security Practices

On April 7, 2014, Judge Esther Salas of the U.S. District Court for the District of New Jersey denied the first ever motion to dismiss filed in Federal court that challenged the authority of the Federal Trade Commission (“the...more

FTC Announces Settlements with Data Brokers over Alleged FCRA Violations

The Federal Trade Commission recently announced two more settlements with data brokers for alleged violations of the Fair Credit Reporting Act (FCRA). The settlements with Instant Checkmate, Inc., InfoTrack Information...more

Federal Court Holds That FTC May Regulate Company Data Security Practices

In a closely watched and first-of-its-kind case, the U.S. District Court for the District of New Jersey rejected, for purposes of a motion to dismiss, a defendant company’s argument that the Federal Trade Commission (FTC)...more

New Jersey Federal Court Upholds The FTC’s Authority To Regulate Data Security

On April 7, a highly anticipated opinion was issued by New Jersey District Court Judge Esther Salas in a case that will likely have broad implications in the realms of privacy and data security. The case in question is FTC v....more

FTC Announces Settlements for Mobile App Security Issues

On March 28, 2014, the Federal Trade Commission (FTC) announced settlements with Fandango, LLC and Credit Karma, Inc. resolving charges that the companies misrepresented the security of their mobile apps in violation of...more

FTC Found to Have Authority Over Standard for Consumer Data Security by NJ District Court

In a first of its kind opinion, a New Jersey district court holds that the FTC has the authority to set a standard for consumer data security and that it can sue for breach of that standard under its authority to bring...more

Part I: The Elephant Emerges From the Mousehole: The Wyndham Worldwide Case and the Expanding Power of the FTC to Police Data...

In support of its motion to dismiss the FTC’s complaint alleging data security deficiencies in violation of Section 5 of the FTC Act, Wyndham Worldwide Corporation cited the Supreme Court’s opinion in Whitman v. American...more

Court Rejects Wyndham’s Challenge to FTC’s Data-Security Enforcement Authority

In June 2012, the Federal Trade Commission (FTC) filed suit under Section 5 of the FTC Act (Section 5) against the Wyndham hotel chain (Wyndham) following a security breach that led to the theft of payment card data for...more

Court Sides with FTC on Sweeping Data Security Role

Executive Summary: Federal Trade Commission v. Wyndham Worldwide Corp. A U.S. District Court has ruled this week that the Federal Trade Commission (FTC) has authority under Section 5 of the FTC Act to bring enforcement...more

Caution: Your Company's Biggest Privacy Threat is...the FTC

Technology companies—from startups to megacorporations—should not overlook an old privacy foe: the Federal Trade Commission (FTC). Since its inception in 2002, the FTC’s data security program has significantly picked up...more

Eye on Privacy Newsletter - March 2014

In this issue: - Kaiser Foundation Health Plan Settles California Attorney General Charges over Delayed Data Breach Notification - Status of the EU Regulation and the Safe Harbor Framework - FTC Steps...more

Target, University of Maryland Testify on Data Breaches; Congress, FTC and SEC Continue Inquiries

On Wednesday, March 26, 2014, the Senate Committee on Commerce, Science and Transportation held a hearing entitled “Protecting Personal Consumer Information from Cyber Attacks and Data Breaches” and heard testimony from...more

How Much Are You Willing To Pay For Privacy?

How much are you willing to pay for personal privacy? 50% off a McDonald’s hamburger? 20% off groceries? Participation in the $1 Billion NCAA Tournament Bracket Challenge?...more

FTC Settles Case With Medical Transcription Company

The Federal Trade Commission (FTC) recently announced that it had settled its data privacy case against medical transcription firm GMR Transcription Services, Inc. (GMR) following allegations that GMR had failed to adequately...more

Update from International Association of Privacy Professionals (IAPP) Global Privacy Summit

At this week's International Association of Privacy Professionals (IAPP) Global Privacy Summit, the FTC and the White House made several important announcements....more

Important Announcement of a Key New Data Privacy Initiative

Rafi Azim-Khan, Partner and Head of Data Privacy, Europe at Pillsbury and Chair of the British American Business' Law Forum, was in Washington, DC yesterday to hear the important announcement of a key new data privacy...more

The newest mobile privacy issue: Tracking shoppers’ footsteps in stores

In our electronic-device age, new data privacy issues seem to pop up every day. Did you know that you were being tracked as you walked through a retail store?...more

Privacy & Cybersecurity Update - February 2014

In This Issue: - NIST Releases Final Framework Document ..Key Changes From The Preliminary Framework ..The Framework Roadmap ..The DHS “C-Cubed” Program ..Next Steps - California Suggests Upper...more

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