News & Analysis as of

Data Privacy Federal Trade Commission

FTC Seeks Public Comment on Sears’ Petition to Modify Order Regarding Software Tracking Application

by Balch & Bingham LLP on

The FTC is seeking public comment on a petition by Sear’s to reopen and modify its 2009 consent order to restrict the broad definition of “tracking application”. In 2009, the FTC issued an order settling charges that Sears...more

FTC: Stay Stuck on Security

The Federal Trade Commission recently wrapped up its Stick with Security blog series, which dove deeply into data security lessons based on agency cases, closed investigations, and questions and comments from businesses....more

Privacy & Cybersecurity Update - October 2017

In this month's edition of our Privacy & Cybersecurity Update, we examine the European Commission's annual review of the Privacy Shield, a potential threat to the European Union's "standard contractual clauses," a push by...more

FTC Issues Enforcement Policy on Collection and Use of Voice Recordings of Children Under COPPA

by Kelley Drye & Warren LLP on

On Monday, the FTC issued an Enforcement Policy Statement stating that the Commission will not take action against operators that collect an audio file of a child’s voice as a replacement for written words, such as for...more

Children's Products and the "Internet of Things": Data Privacy Beyond COPPA

by Stinson Leonard Street on

In this internet age, "smart" children’s products—those that collect, transmit or store electronic data—are on the rise. By some estimates, the smart toy market will reach $11.3 billion in sales by 2020. Manufacturers of...more

In the Wake of Equifax: What Auto Dealers Need to Know About Data Privacy

Following the recent Equifax data breach wherein millions of consumers’ private information may have been compromised, it is increasingly clear that consumer-interfacing businesses need to, and in some cases are required to,...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Republican Frank White Announces Bid for Florida Attorney General- Republican state Representative Frank White announced his candidacy in the open 2018 race for Florida AG. He is also the general counsel...more

FTC’s “Stick With Security” #7: Apply Sound Security Practices When Developing New Products

by Snell & Wilmer on

On September 8, 2017, the FTC released its seventh “Stick with Security” principle, which offered guidance regarding how companies incorporate security by design to prevent or minimize threats in the following ways...more

FTC’s Unfairness Claim is Dismissed in Closely Watched Device Data Privacy-Based Action

The January 5, 2017, Complaint filed by the Federal Trade Commission (“FTC”) in the U.S. District Court for the Northern District of California (“Court”) against D-Link Corporation and D-Link Systems, Inc. (Federal Trade...more

Building a Health App? What You Need to Know

Last week, Apple announced the new Apple Watch Series 3 which will feature an enhanced heart rate app. The app will notify you when it detects an elevated heart rate even when you are not working out. The sensor will also be...more

Global Privacy & Cybersecurity Update Vol. 15

by Jones Day on

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - FTC Comments on Improvements to IoT Device Security - On June 19, the Federal Trade Commission ("FTC") submitted comments to a working group organized by the...more

Key Takeaways from FTC Settlement with Lenovo Over Pre-Installed “Man-in-the-Middle” Software

On September 5, 2017, the Federal Trade Commission (“FTC”) announced that it had agreed to enter into a settlement with Lenovo Inc., which allegedly preloaded some of its computers with invasive software that compromised...more

The State AG Report Weekly Update

by Cozen O'Connor on

Antitrust- Washington Attorney General Files Antitrust Lawsuit Against Health Care Providers Over Alleged Price-Fixing- Washington AG Bob Ferguson filed a lawsuit against health care providers Franciscan Health System...more

Lenovo Settles FTC Charges Regarding Pre-Installed Software That Compromised Consumers' Cybersecurity and Privacy

On September 5, 2017, the Federal Trade Commission (FTC) announced that it and 32 state attorneys general had settled charges with Lenovo regarding the company's practice of pre-loading software on its laptops that...more

Defining Sensitive Personal Information

by Bryan Cave on

Like the terms “personal information,” “personally identifiable information,” or “PII,” the terms “sensitive information” and “sensitive personal information” are often left undefined in contracts and treated as if they were...more

GAO Connected Vehicles Data Privacy Report Highlights Auto Industry Progress, Issues Directive to NHTSA

by King & Spalding on

The Government Accountability Office (“GAO”) has released a report to the House of Representatives Committee on Science, Space, and Technology, Subcommittee on Research and Technology, entitled “Vehicle Data Privacy: Industry...more

Passwords Remain Important for Data Security, FTC Reminds Businesses

For the most recent installment in the Federal Trade Commission’s “Stick with Security” series, the agency’s blog post focused on passwords....more

Federal Trade Commission’s Uber Consent Agreement Designates Geolocation Information as Personal Information

by Williams Mullen on

The Federal Trade Commission (FTC) recently entered a Consent Agreement with Uber that includes “precise geolocation information” in the list of personal information that is to be protected. While the Consent Agreement only...more

Uber Settles With FTC Over Allegedly Deceptive Privacy And Data Security Practices

by BakerHostetler on

Uber, the ride-hailing giant, agreed this week to implement a comprehensive privacy program and to undergo 20 years of privacy and data security audits in order to settle allegations by the Federal Trade Commission (FTC) that...more

The FTC’s Uber Consent Order: A Warning to Fast-Growing Companies

by Mintz Levin on

Recently, Uber agreed to a proposed Federal Trade Commission (FTC) consent order (“Consent Order”) to settle charges in an FTC complaint (“Complaint”) regarding behavior stemming back to at least 2014. Acting Chairman Maureen...more

A Year in Review: FTC Data Privacy Actions and its Impacts on 2017 and Beyond

Whether it means taking a prominent role shaping data security for the Internet of Things, or addressing high profile breaches, the FTC has adopted an active position in policing data privacy and security. And, as data...more

Uber Settles FTC Dispute Over Consumer Data Privacy and Security Allegations

by Ballard Spahr LLP on

There are several key takeaways from a 20-year proposed consent order agreed to by Uber Technologies, Inc. (Uber) and the Federal Trade Commission (FTC)...more

FTC Settles With Lead Generation Firm For Illegally Selling Consumer Data, False Data Security Promises

by Kelley Drye & Warren LLP on

The FTC announced last week a settlement with Blue Global Media, LLC and its CEO Christopher Kay. The company operated 38 Internet domains that solicited online loan applications from consumers. The applications collected...more

LabMD – FTC Face-Off Continues Over FTC’s Data Privacy Authority

by Patrick Law Group, LLC on

The U.S. Court of Appeals for the Eleventh Circuit recently heard oral arguments in LabMD, Inc. v. Federal Trade Commission, the long-running dispute over the FTC’s authority to impose liability for data security breaches...more

FTC Settles Complaint Against Lead Generation Business Selling Consumers’ Sensitive Data

The Federal Trade Commission (FTC) has announced that it has settled its Complaint against operators of the lead generation business Global Media, LLC and its CEO Christopher Kay for $104 million. The judgment has been...more

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