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What Are the Key Enforcement Priorities of the FTC?

Actual deception, substantial injury (including through AI), kids and teens, financial institutions and employees. Those are the key enforcement priorities of the Federal Trade Commission when it comes to data privacy...more

FTC: Be Precise and Accurate With Your Advertising or Beware

The Federal Trade Commission is taking a hard look at marketing and advertising statements, making sure they are precise and accurate. Here are some key takeaways from recent enforcements:...more

Is a Federal Privacy Law Coming?

On the heels of the formation of the House Privacy Working Group, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, and Congressman John Joyce, M.D. (PA-13), Vice Chairman of the House...more

How Will the FTC Approach AI Under the Trump Administration?

Federal Trade Commission Commissioner Melissa Holyoak spoke last week at a conference in Miami about “a new season at the FTC.” What can we learn from Holyoak’s comments about the FTC’s plans for AI regulation and free...more

Cookie Banners Shouldn’t Be Confusing and Other Life Lessons

The Commission Nationale de l’Informatique et des Libertés in France recently took action against misleading cookie banners as subverting true consent. This is not a new issue, though, with the Federal Trade Commission, the...more

What Is Happening in Privacy Law?

Here are eight recent developments in privacy law you should consider as you get ready for the holidays. Don’t Lie on Your AI - •The U.S. Federal Trade Commission recently issued a new enforcement action on AI...more

Chatbot Do’s and Don’ts for Restaurants (and Beyond)

I recently sat down with the Restaurant Technology Network to discuss some of the many concerns people have regarding chatbots, and the legislation that governs them. Here are some of the key points we talked about:...more

The Fox Rothschild Privacy Summit: A Recap

Transparency might be the most important food group in data privacy compliance, especially with the Federal Trade Commission, Office of the New York State Attorney General and California Privacy Protection Agency focusing...more

Data Sharing and the Automotive Industry: What We Are Telling Clients

There is a new wave of lawsuits pertaining to data sharing in the automotive industry. What are we discussing with our clients? •Personal data is broader than you think: Things like average speed; acceleration events, hard...more

To Do: What Regulators Want Regarding Vehicular Data Sharing

Data sharing between car manufacturers and insurance companies has become top of mind for regulators recently. Here are some “To Do’s” we’re discussing with clients in and out of the automotive space: Regulator: You can’t...more

Child-Facing Products and the FTC: What You Need to Know

What are we discussing with our clients who have children-facing products following some new/recent Federal Trade Commission enforcement actions? Here are some key takeaways:...more

The Top 10 Privacy Law Issues From Last Month

These are the top 10 things you need to know from from the world of privacy last month, as compiled by me. •Texas means business when it comes to biometrics. The Texas Attorney General recently secured a $1.4 billion...more

Hashing Doesn’t Mean De-Identifying

New guidance from the Federal Trade Commission clarifies that hashes aren’t “anonymous,” can still be used to identify users, and their misuse can lead to harm. Some key points: •For background, hashing involves taking a...more

The FTC Enters the Chat: AI and Chatbots

The U.S. Federal Trade Commission recently posted a blog outlining its enforcement priorities regarding chatbots. Here are some takeaways. •Don’t misrepresent what these services are or can do. Your therapy bots aren’t...more

The Elements of Profiling

What is profiling and what are our clients doing about it in the US and abroad? Personal information: •This is the analysis of information about/regarding a person. •The definition is broad, so if it’s attributable to a...more

8 Principles for the Deployment of AI Systems in the Workplace

The U.S. Department of Labor and The White House recently released a new framework designed to protect U.S. workers from adverse consequences when artificial intelligence systems are deployed in the workplace. The framework...more

Top 5 Privacy Concerns for My Clients

What are the top 5 data privacy concerns for my clients the past couple of months? Here are some notes I recently compiled for a meeting of Fox Rothschild’s national Privacy Law Practice Group. Patchwork Paralysis - •How...more

Cookies and Online Merchants: What Can We Learn From California Lawsuits

New lawsuits that were recently filed in California echo some of the “cookie” conversations my colleagues and I have been having with online merchants and retail clients....more

AI, the FTC and Consumer Facing Applications: Some Guidance

There is no exemption for AI when it comes to consumer facing applications, the Federal Trade Commission recently stressed in a blog post. Key points: •Quietly changing the terms of service agreements could be unfair or...more

The CPPA, FCC, FTC Are Collaborating

The California Privacy Protection Agency, the California Attorney General’s Office, the FCC, the Federal Trade Commission, and more are embracing a collaborative approach. They all talk with each other. That is according to...more

A DCMA Exemption for ‘Right to Repair’?

The Federal Trade Commission and the DOJ support a Digital Millennium Copyright Act exemption for vehicle operational data to promote the “right to repair.” An exemption currently exists for computer programs that control...more

The FTC and Employee Surveillance

The U.S. Federal Trade Commission is working to enforce employee surveillance, according to Benjamin Wiseman, Associate Director of the FTC’s Division of Privacy and Identity Protection....more

Your DNA and the FTC: What You Need to Know

The Federal Trade Commission recently published a blog post regarding the privacy of DNA. What do you need to know? •Protecting biometric information – including genetic data – is a top FTC priority. (See FTC Biometric...more

How Will the FTC Regulate Artificial Intelligence?

Federal Trade Commissioner Alvaro Bedoya recently released a statement on Rite Aid’s use of smart CCTV. Here some key takeaways from the statement (and how the recent settlement applies to the use of surveillance and AI...more

The FTC Is Coming After Your AI

According to a recent news release, the FTC has approved an omnibus resolution authorizing the use of compulsory process in nonpublic investigations involving products and services that use or claim to be produced using...more

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