The chair of the U.S. Senate Committee on Commerce, Science, and Transportation, Maria Cantwell (D-WA), and the chair of the U.S. House Committee on Energy and Commerce, Cathy McMorris Rodgers (R-WA), released a discussion...more
4/22/2024
/ Algorithms ,
Artificial Intelligence ,
Biden Administration ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement ,
FTC Act ,
Legislative Agendas ,
Machine Learning ,
New Legislation ,
Preemption ,
Privacy Laws ,
Technology
The Federal Trade Commission (FTC) issued a supplemental notice of proposed rulemaking (SNPRM) on February 15, 2024, in which it recommended a trade regulation rule that would (1) impose liability on businesses who provide...more
2/28/2024
/ Artificial Intelligence ,
Data Security ,
Federal Trade Commission (FTC) ,
Foreign Trade Regulations ,
Machine Learning ,
NPRM ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
SNPRM ,
Technology Sector
On February 1, 2024, the Federal Trade Commission (FTC) announced a complaint and proposed consent order against Blackbaud, Inc. concerning a 2020 data security incident that included a ransomware demand and payment....more
The Federal Trade Commission (FTC) announced its first enforcement action alleging that discriminatory use of artificial intelligence (AI) was an unfair practice under Section 5 of the FTC Act on December 19, 2023. According...more
1/11/2024
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Consent Order ,
Data Privacy ,
Data Protection ,
Data Security ,
Discrimination ,
Enforcement Actions ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Pharmaceutical Industry ,
Privacy Laws ,
Rite Aid ,
Section 5 ,
Technology Sector
The Federal Trade Commission (FTC) gave privacy lawyers a long-awaited Christmas gift on December 20, 2023: its notice of proposed rulemaking (NPRM) to amend the Children’s Online Privacy Protection Act (COPPA) Rule. The NPRM...more
1/8/2024
/ Biometric Information ,
COPPA ,
Data Collection ,
Data Retention ,
Data Security ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Notice Requirements ,
NPRM ,
Online Safety for Children ,
Personal Information ,
Privacy Laws ,
Public Comment ,
Regulatory Agenda ,
Regulatory Reform ,
Technology
The Consumer Financial Protection Bureau (CFPB) announced on March 15, 2023, that it is issuing a Request for Information (RFI) about the business practices of data brokers, which the agency said will assist it in “planned...more
3/28/2023
/ Algorithms ,
Consumer Financial Protection Bureau (CFPB) ,
Criminal Background Checks ,
Data Brokers ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Fair Credit Reporting Act (FCRA) ,
Machine Learning ,
Marketing ,
Personal Data ,
Request For Information ,
Rulemaking Process
Data security will undoubtedly remain an enforcement priority for the Federal Trade Commission in 2023. A presentation on the FTC’s approach to data security by Deputy Chief Technologist Alex Gaynor at a Commission open...more
The Federal Trade Commission (FTC) released an advance notice of proposed rulemaking (ANPRM) on “Commercial Surveillance and Data Security” on August 11, 2022. The ANPRM, approved on a 3-2 party-line vote, is the initial step...more
8/17/2022
/ Administrative Procedure Act ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Algorithms ,
COPPA ,
Data Security ,
Discrimination ,
Federal Trade Commission (FTC) ,
Privacy Laws ,
Rulemaking Process ,
Surveillance ,
Technology Sector
On May 19, 2022, at the Federal Trade Commission’s (FTC) first open meeting since the confirmation of Commissioner Alvaro Bedoya, the FTC unanimously approved two documents that signal its intention to strengthen its...more
5/25/2022
/ COPPA ,
Data Collection ,
Data Retention ,
Data Security ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Online Safety for Children ,
Personal Information ,
Policy Statement ,
Proposed Amendments
Alvaro Bedoya was sworn in as a commissioner of the U.S. Federal Trade Commission (FTC) on May 16, 2022. Bedoya is well known in privacy circles. He founded the Center on Privacy and Technology at Georgetown Law School, where...more
5/20/2022
/ Competition ,
Consumer Financial Protection Bureau (CFPB) ,
Data Collection ,
Data Privacy ,
Data Security ,
Discrimination ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Information Technologies ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Technology
Federal Trade Commission (FTC) Chair Lina Khan spoke at the opening of the International Association of Privacy Professionals Global Privacy Summit on April 11, 2022, in Washington, D.C. In her first public speech on privacy...more
Following a 3-2 vote, the Federal Trade Commission (FTC) recently announced amendments to the Safeguards Rule under the Gramm-Leach-Bliley Act. The Safeguards Rule was first promulgated in 2002. The revisions are meant to...more
The Federal Trade Commission unanimously (3-0) ruled on July 29, 2016 that LabMD’s data security practices were “unfair” under Section 5 of the FTC Act, reversing a decision of its Administrative Law Judge (ALJ).
As we...more
8/2/2016
/ Actual Injuries ,
Administrative Law Judge (ALJ) ,
Article III ,
Data Breach ,
Data Security ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
LabMD ,
Medical Devices ,
p2p ,
PHI ,
Section 5 ,
Standing ,
Unfair or Deceptive Trade Practices
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
4/6/2016
/ Broadband ,
Consent ,
Customer Proprietary Network Information (CPNI) ,
Data Security ,
FCC ,
Federal Trade Commission (FTC) ,
Internet Service Providers (ISPs) ,
Jurisdiction ,
Net Neutrality ,
NPRM ,
Open Internet Rules ,
Personally Identifiable Information ,
Popular ,
Telecommunications
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
Since at least 2005, the Federal Trade Commission has asserted that it may regulate lax data security practices as an “unfair” business practice under Section 5 of the FTC Act. The Wyndham hotel chain was the first to...more
8/27/2015
/ COPPA ,
Credit Cards ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Debit Cards ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Fraudulent Charges ,
FTC Act ,
FTC v Wyndham ,
Hackers ,
Personally Identifiable Information ,
Popular ,
SCOTUS ,
Section 5 ,
Unfair or Deceptive Trade Practices ,
Wyndham