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D.C. Circuit Invalidates Portion of FCC's 2015 Declaratory Ruling & Order Implementing the TCPA

On March 16, 2018, the D.C. Circuit issued its long-awaited ruling in ACA International, et al. v. FCC, et al., No. 15-1211, resolving a series of challenges to the July 10 2015 Declaratory Ruling & Order of the Federal...more

Federal Trade Commission Update: Senate Hearings Reveal No Obvious Hurdles for Commissioner Nominees

The Senate Commerce Committee held a hearing on Wednesday on the nominees to serve on the Federal Trade Commission (FTC). The nominees are Joseph Simons (Chairman Designate), Christine Wilson, Noah Phillips and Rohit Chopra....more

2/19/2018  /  FTC , Nominations

Federal Trade Commission Issues Privacy and Data Security Report for 2017

On January 18th, the Federal Trade Commission (“FTC”) released its Annual Privacy and Data Security Update, recapping its enforcement actions, workshops, and other privacy and data security activities in 2017. Enforcement...more

FTC Staff Releases Paper Highlighting Key Privacy and Security Issues for Autonomous and Connected Vehicles

The Federal Trade Commission Staff (FTC) released a new “Staff Perspective” on January 9, 2018, that highlights key privacy and data security issues related to autonomous and connected vehicles. The Staff Perspective outlines...more

FTC Brings First-Ever “Connected” Toys Privacy and Data Security Case; US, Canada, and Hong Kong Privacy Regulators Coordinate...

On January 8, 2018, the Federal Trade Commission (FTC) brought its first-ever privacy and data security case involving Internet-connected toys. VTech Electronics Limited and its US subsidiary (VTech), maker of...more

The UK Data Protection Authority Clarifies the Status of the BCRs It Approves

Brexit raises critical issues regarding the future transfer of personal data outside of the EU, not least as to the role of the UK Data Protection Authority, the Information Commissioner’s Office (“ICO”), and as to its...more

The Article 29 Working Party Releases Draft Guidelines on the Application and Setting of Administrative Fines

One of the key components of the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) is its stronger enforcement mechanisms. Administrative fines are one of the most powerful parts of the enforcement...more

The Article 29 Working Party Releases Draft Guidelines on Breach Notification

On October 18, the Article 29 Working Party released its draft of “Guidelines on Personal data breach notification under Regulation 2016/679” (“Guidelines on Personal data breach notification,” WP250). The guidelines are not...more

The Article 29 Working Party releases draft guidelines on profiling and automated decision-making under the GDPR

On October 18, the Article 29 Working Party released its draft of “ Guidelines on Automated individual decision-making and Profiling for the Purpose of Regulation 2016/679” (“Guidelines on Automated individual decision-making...more

European Commission Publishes the Results of its First Annual Review on the Functioning of the EU-US Privacy Shield

On October 18, 2017, the EU Commission (“Commission”) published its report and other working documents (“Report”) on its first annual review of the EU-US Privacy Shield Framework (“Privacy Shield”). The Report summarizes that...more

District Court Dismisses FTC’s “Unfairness” Claim Against Internet of Things Manufacturer

A district court judge has dismissed an “unfairness” claim included in the FTC’s complaint against D-Link, a connected devices manufacturer selling routers and internet-connected cameras. The FTC had made the claim without...more

New Nevada Law Requires Notice for Online Collection and Disclosure of Personally Identifiable Information

On June 12, 2017, Nevada Governor Brian Sandoval signed into law SB 538 (“Nevada SB 538”), which requires operators of websites and online services to provide notice to Nevada residents of their practices relating to the...more

FTC and NHTSA Navigate Privacy and Security Issues at “Connected Cars” Workshop

The majority of new cars today come with a variety of so-called “connected” features, such as the ability to communicate with one another, Internet-connected features and video content, and even the ability to drive...more

Illinois “Geolocation Privacy Protection Act” Passes Both Houses, Headed to Governor’s Desk

On Tuesday, June 27, the Illinois legislature passed HB 3449, the “Geolocation Privacy Protection Act.” If signed by Governor Bruce Rauner (R), the bill would prohibit a “private entity” from collecting, using, storing or...more

Proposed BROWSER Act Would Require ISPs and Edge Service Providers to Give Users Opt-in and Opt-out Rights for the Use and...

On May 18, 2017, Martha Blackburn (R-TN), Chairman of the House Committee on Energy and Commerce’s Subcommittee on Communications and Technology, introduced H.R. 2520, the Balancing the Rights of Web Surfers Equality and...more

European Data Protection Supervisor Calls for Additional Changes to Proposed ePrivacy Regulation

The European Data Protection Supervisor (EDPS) has recommended further changes to the proposed ePrivacy Regulation that would have significant impacts on the electronic communication sector and other online companies. In a...more

Data Protection Impact Assessments under GDPR: Article 29 Working Party Adopts Draft Guidelines

The EU General Data Protection Regulation’s (GDPR) requirements are coming into focus quickly as EU data protection authorities continue to issue guidance on different aspects of the law. On April 4, 2017, the Article 29...more

UK ICO Publishes Discussion Paper on Profiling and Automated Decision-Making under GDPR

The UK Information Commissioner’s Office (ICO) continues to play an active role in shaping data protection law in the EU, notwithstanding the UK’s decision to leave the EU in the aftermath of Brexit. On April 6, 2017, the ICO...more

UK ICO and Article 29 Working Party Weigh in on Proposed ePrivacy Regulation

While companies prepare for the EU General Data Protection Regulation (GDPR) to take effect in May 2018, another highly significant item on the agenda is arguably the current review process of the proposal for a Regulation on...more

Self-Regulatory Organizations Launch New Version of IBA Choice Tool: Allows Opt-Out of Cookieless Tracking

Two self-regulatory organizations that promulgate transparency and choice standards for interest-based advertising (IBA) have created new beta versions of their consumer choice tools for setting preferences about digital...more

Article 29 Working Party Releases Procedures, Template Complaint Form for Privacy Shield Complaints

On February 20, 2017, the Article 29 Working Party released procedures and a template complaint form for implementing the EU-US Privacy Shield. The procedures govern the functioning of the informal data protection authority...more

FTC Settles Deception Charges Relating to Privacy Program Claims

On February 22, 2017, the FTC settled charges with three companies that, according to the FTC, deceptively claimed that they participated in the Asia-Pacific Economic Cooperation Cross-Border Privacy Rules (APEC CBPR). The...more

New York Finalizes Cybersecurity Regulations for Financial Institutions

On February 16, the New York State Department of Financial Services (NYDFS) issued cybersecurity regulations for banks, insurance companies and other financial institutions subject to NYDFS jurisdiction. ...more

VIZIO to Pay $2.2 Million to Settle Consumer Tracking Charges; FTC Treats Television Viewing History as “Sensitive Information”...

On February 6, 2017, the FTC and New Jersey Attorney General and Department of Consumer Affairs filed a Complaint and Stipulated Order for Permanent Injunction and Monetary Judgment against television manufacturer VIZIO,...more

FTC Staff Issues Long-Awaited Cross-Device Tracking Report

On January 23, 2017, the FTC Staff released its long-awaited Report (“Report”) on cross-device tracking following its November 2015 workshop on the topic. The Report explains what cross-device tracking is, discusses the...more

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