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
On April 22, 2021, in a unanimous decision, the U.S. Supreme Court in AMG Capital Management v. FTC held that the authorization to seek a “permanent injunction” under Section 13(b) of the Federal Trade Commission Act does not...more
The Federal Trade Commission (FTC) announced on January 11, 2021, that it had reached a settlement with Everalbum, Inc., the developer of a now-defunct photo storage app called “Ever.” The settlement is the FTC’s first...more
1/29/2021
/ Algorithms ,
Biometric Information ,
Data Collection ,
Enforcement Actions ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Heightened Scrutiny ,
Mobile Apps ,
Policy Violations ,
Regulatory Oversight ,
Risk Factors ,
Settlement
The FTC has no jurisdiction over common carriers even when they engage in non-common carrier activity, according to a recent U.S. Court of Appeals for the Ninth Circuit opinion. In FTC v. AT&T Mobility, No. 15-16585 (9th...more
9/8/2016
/ AT&T Mobility ,
Common Carriers ,
Data Plan ,
Dismissals ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Jurisdiction ,
Mobile Services ,
Net Neutrality ,
Open Internet Rules ,
Section 5 ,
Telecommunications ,
Unfair or Deceptive Trade Practices
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
Consensus was reached in a proceeding of the National Telecommunications and Information Administration (NTIA) of the U.S. Department of Commerce on a set of privacy best practices for the commercial and recreational use of...more
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
To improve customer experience and understand customers’ movements and interactions on their premises, retailers, hotels and other brick-and-mortar businesses increasingly use signals from mobile devices to observe their...more
5/11/2015
/ Analytics ,
Data Collection ,
Federal Trade Commission (FTC) ,
Mobile Devices ,
Persistent Identifiers ,
Popular ,
Privacy Policy ,
Retailers ,
Startups ,
Technology ,
Wi-Fi Hotspot
Privacy and data security are high priorities of the Federal Communications Commission (FCC) under the leadership of Chairman Tom Wheeler. In addition to significant enforcement actions against AT&T and TerraCom/YourTel that...more