Personally Identifiable Information Federal Trade Commission

News & Analysis as of

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

ALJ Dismisses FTC’s Data Security Suit Against LabMD for Failure to Prove ‘Substantial Injury’ to Consumers

In a landmark decision, an administrative law judge dismissed the FTC’s long-running data security lawsuit against Atlanta-based cancer screening laboratory, LabMD Inc., following an alleged data breach. Chief Administrative...more

The LabMD Case: Further Defining the FTC’s Enforcement Powers

The scaffolding of the FTC’s powers in the realm of cybersecurity continues to be built. On Monday, the FTC’s Chief Administrative Law Judge D. Michael Chappell issued an initial decision in the FTC’s closely watched...more

Commission Examines Privacy and Cybersecurity Issues Associated With Emerging Cross-Device Tracking Technology

On Monday, November 16, the Federal Trade Commission (FTC) held a workshop that examined the key privacy and security issues raised by emerging technologies that track users across their various devices, such as smartphones,...more

FTC Theory of Unrealized Consumer Injury Rejected in LabMD Data Security Case

In what could be a major setback for the Federal Trade Commission (FTC) in the data security arena, an Administrative Law Judge (ALJ) has ruled that an unfairness claim brought by the FTC under Section 5 of the FTC Act...more

Privacy Tip #8 – How teachers can assist students to be safe online

It is scary to read the headlines that kids become victims of crimes, some of them horrific, because of online activity. Kids are naive and susceptible to online predators. Parents must be vigilant in educating their children...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

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

FTC Announces Agenda, Panelists for Lead Generation Workshop Addressing Consumer Protection Issues

On October 19, the FTC announced the agenda for its upcoming workshop entitled, “Follow the Lead: An FTC Workshop About Online Lead Generation.” As consumers search the internet for goods and services, they are often times...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

Alphabet Soup and Data Security

In the span of two days, mobile device users learned of two data breaches that could compromise their personal data. In one, Experian (a credit reporting agency) reported that it was hacked, potentially putting 15 million...more

Data privacy in the Americas - At a glance

As multinational employers are aware, data privacy laws can vary greatly from jurisdiction to jurisdiction. Ensuring compliance with the different requirements can be challenging, and the penalties for noncompliance can be...more

Does Your Website Privacy Policy Need Some Love?

Everyone does it, especially startups. You need a privacy policy for your website, and your legal budget is limited. Hop onto Facebook (or Google, or Amazon) — cut, paste and voilà! — your startup has a shiny new privacy...more

Proactive Approach To Cybersecurity: Recent SEC guidance and enforcement actions suggest that reactive firms may be in the SEC’s...

In an environment where even the largest and most powerful corporations have fallen victim to data breaches, it can be challenging to fathom how to protect against the sophisticated and ever-evolving threat of cyber attacks....more

Is Your HIPAA Compliance Program Ready for the FTC?

Everyone in healthcare knows that the next round of HIPAA audits is coming. Covered entities and business associates have long been advised to review and update their HIPAA security risk analyses, have business associate...more

Privacy Tip #4—What do I do when I get a letter informing me of a data breach?

We’ve all gotten them–the dreaded letter that informs us that our data has been compromised, including our Social Security number. Some have received so many of these “notifications” that they are de-sensitized, throw their...more

Effects of Schrems Ruling on International Internal Investigations

In a recent landmark decision, Maximillian Schrems v. Data Protection Commissioner, Europe’s highest court struck down a US-EU agreement that allowed companies to move personal electronic data between the European Union and...more

"Phantom" Debt Collectors Actually Sued by FTC, Banned From Business

Why it matters - The operators of a scam that processed more than $5.2 million in payments from consumers for payday loans that were not owed to the operators are now banned from the debt collection business, the Federal...more

FTC Gives Words of Warning to the Wise

The Federal Trade Commission has issued new guidance on data security to help businesses that collect, store and use consumer information to stay out of hot water with the agency. Gleaned from the more than 50...more

The Legacy of the RadioShack Bankruptcy and the Importance of PII

Customer information has become an increasingly valuable business asset. And, the volume and detail of other available information about consumers has increased along with it, well beyond mere customer names and addresses to...more

Cybersecurity + Law Enforcement: The Cutting Edge Symposium | Friday, October 16, 2015 RWU Law Bristol, RI

Cybersecurity, encryption, and government surveillance are daily challenges for public officials, corporations, and lawyers. On October 16, the Roger Williams University School of Law will present Cybersecurity and Law...more

What is reasonable? The emerging legalities of cybersecurity post-Wyndham

This month’s edition of the Advanced Cyber Security Center’s newletter includes my discussion of lessons to be learned from the Wyndham decision: Historically, security was an issue reserved in a back room for the IT...more

FTC Fines Can Add Salt to a Cybersecurity Wound

Cyberattacks are on the rise—so much that we seem to hear about a high-profile hack more often than it probably rains in most parts of California. Although reputational damage from a cyberattack can be scarring, a recent U.S....more

Safe Harbor Framework Under Stress

In a non-binding but persuasive opinion provided to the European Court of Justice, the Advocate General argued that (1) member state data protection authorities should be free to suspend data flows under the EU-US Safe Harbor...more

California Attorney General’s Open Data Initiative – The Latest in State and Federal Government Efforts to Harness the Power of...

Early this month, California Attorney General Kamala D. Harris announced a unique data initiative to expand the public’s access to key criminal justice information that has been, to date, largely blocked from public...more

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