Personally Identifiable Information Federal Trade Commission

News & Analysis as of

The FCC’s Privacy NPRM: A Closer Look at the Commission’s Legal Authority and Some of Its Proposals

As we have previously advised, the FCC’s proposed rulemaking to “protect the privacy of customers of broadband and other telecommunications services” (the “NPRM”) proposes sweeping changes to the ways that Internet Service...more

FTC Releases 2015 Annual Highlights

On April 6, the FTC released its 2015 Annual Highlights report, which is comprised of four key sections: (i) enforcement; (ii) policy; (iii) education; and (iv) stats and data. Regarding enforcement highlights in 2015, the...more

State AGs Upping the Ante on Health (and Other) Information Data Incidents – Expect Increased Enforcement Actions

State attorneys general (AGs) continue to emerge as major regulators of privacy, and increasingly, with respect to compromises of health-related data. Businesses concerned with U.S. customer or employee data have long...more

Preparing For and Responding To Data Breaches (Presentation)

While companies may be aware of the threats posed to their businesses by a data breach, they should also have a concrete plan in place so that they can respond effectively should one occur. In a recent webinar, attorneys from...more

What Net Neutrality Wrought: The FCC’s Proposed Broadband Privacy Rules

As previously promised in last year’s Open Internet Order, the Federal Communications Commission (FCC or the Commission) has released a Notice of Proposed Rulemaking (NPRM) seeking comment on proposed privacy requirements for...more

Information Security and Privacy Group News: Cybersecurity Conference Essential Take-Aways Government, Industry and Legal...

Representatives of Connecticut businesses and corporations, educational institutions, and state and local government attended Murtha Cullina’s March 2016 Cybersecurity Conference at the Quinnipiac University School of Law....more

District Judge Bans Company from Collecting and Disclosing Consumer Information

Recently, the U.S. District Court for the District of Nevada granted in part the FTC’s motion for summary judgment and motion for default judgment against a company, its subsidiaries, and seven individuals (collectively,...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

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

Data brokers settle with FTC for selling consumers’ information to scammers

SiteSearch, John Ayers, LeapLab and Leads Company (the defendants) settled with the Federal Trade Commission (FTC) for “knowingly provid[ing] scammers with hundreds of thousands of consumers’ sensitive personal information.”...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

FTC’s Proposed Settlement with Dental Practice Software Provider Marks Latest Data Security Action Against a Product Supplier

On January 5, the Federal Trade Commission (“FTC”) reached an agreement with Henry Schein Practice Solutions, Inc. (“HSPS”) to settle allegations that HSPS misrepresented that its dental practice software provided...more

Privacy & Cybersecurity Update - January 2016

In this edition of our Privacy & Cybersecurity Update, we discuss, among other matters, the status of the EU/U.S. Safe Harbor negotiations, as well as changes to privacy laws in Delaware and California that regulate online...more

Reading the Section 5(a) Tea Leaves: What the end of 2015 may suggest about the FTC priorities in 2016

The end of 2015 represented a mixed bag for the Federal Trade Commission on privacy enforcement. In November, the FTC’s Chief Administrative Law Judge dismissed the FTC’s complaint against LabMD for a possible data breach of...more

Perspective: What Will Be the Defining Cybersecurity Issues In 2016?

As data breaches and their related obligations and liability risks continue to pile up with every passing year, we asked attorneys writing on JD Supra to answer the question: What will be among the defining issues for...more

Lessons Learned from LabMD's Successful Challenge to the FTC's Cyber Authority and Wyndham's Monumental Settlement with the FTC

On the shifting sands of cyber security regulation, it is important to understand the outcome of two recent enforcement cases brought by the Federal Trade Commission (FTC) – one against clinical lab services company LabMD,...more

FTC files brief in LabMD appeal

We previously reported that the Federal Trade Commission (FTC) lost its case against LabMD alleging that LabMD had inadequate security measures to prevent an alleged data breach....more

Government Forces Awaken: The Rise of Cyber Regulators in 2016

As the sun sets on 2015, but before it rises again in the New Year, we predict that, in the realm of cyber and data security, 2016 will become known as the “Rise of the Regulators.” Regulators across numerous industries and...more

FTC Appeals ALJ Ruling Dismissing Its Claims Against LabMD

The legal wrangling between the Federal Trade Commission and LabMD, Inc. over data security continues. On December 22, 2015, the FTC filed its appeal brief challenging Chief Administrative Law Judge (“ALJ”) D. Michael...more

FTC Announces Record Settlement with Identity Theft Protection Company over Alleged Failures to Adhere to a 2010 Court Order

On December 17, the FTC announced a $100 million settlement with an Arizona-based identity theft protection company for violating the terms of a prior federal court order. In 2010, the District Court of Arizona prohibited the...more

The FTC Strikes Back: LifeLock, Inc. Agrees to $100 Million Payout

On December 17, 2015, the Federal Trade Commission (FTC) announced a $100 million settlement with LifeLock, Inc., to resolve litigation with the FTC and a national class of consumers relating to LifeLock’s marketing...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

LabMD sues FTC lawyers and FTC appeals decision

We previously reported that LabMD had a big victory in the case filed against it by the Federal Trade Commission (FTC). There was speculation as to whether or not the FTC would appeal the decision....more

Company Prevails in Challenge to FTC Data Security Complaint

A recent decision by the Federal Trade Commission (FTC) Chief Administrative Law Judge (ALJ) dismissed the FTC’s complaint against LabMD, Inc. (LabMD) asserting the company’s alleged failure to protect consumer data in two...more

Administrative Law Judge Dismisses FTC’s Complaint Against LabMD In Data Breach Case, Citing Lack Of Consumer Harm

On November 13, 2015, the Chief Administrative Law Judge (“ALJ”) Of the Federal Trade Commission (“FTC”) dismissed an Administrative Complaint against LabMD, Inc. (“LabMD”) regarding its data security practices. In a 92-page...more

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