News & Analysis as of

Data Protection Federal Trade Commission

Senators Re-Introduce Bill Requiring 30-Day Notification of Company Data Breaches

As we near the end of a year that has seen more than its share of massive data breaches, two bills have been introduced (one re-introduced) in the U.S. Senate....more

Sears Petitions to Change Its 8-Year-Old FTC Privacy Settlement Order

by Reed Smith on

On October 30, 2017, Sears Holding Management Corporation (“Sears”) petitioned the Federal Trade Commission (“FTC”) to reopen and modify the settlement to which they agreed in 2009. At that time, Sears agreed to a consent...more

Global Privacy & Cybersecurity Update Vol. 16

by Jones Day on

UNITED STATES - Regulatory—Policy, Best Practices, and Standards - United States and China Renew Promise Not to Hack - On October 4, U.S. and Chinese officials agreed to not engage in targeted hacking. Per a...more

Unfair And Deceptive Trade Practices Claims In Data-Breach Lawsuits

by Ellis & Winters LLP on

Section 5 of the Federal Trade Commission Act provides a powerful tool for the federal government to regulate companies’ data-security practices. Rather than adopt specific data-security standards, the FTC often uses Section...more

FTC’s New COPPA Guidance on Recording Children’s Voices: Five Tips for App Developers and Toymakers to Comply

by Fenwick & West LLP on

The Federal Trade Commission on October 23, 2017, provided guidance on how it will enforce the Children’s Online Privacy Protection Act (COPPA) with respect to audio recordings of children. This comes as part of a wave of...more

From the Mouths of Babes: FTC Issues COPPA Enforcement Policy Regarding Voice Recordings

by BakerHostetler on

On October 23, the Federal Trade Commission (FTC) released new guidance on how the Children’s Online Privacy Protection Act (COPPA) Rule may apply to audio recordings of children’s voices collected by websites and online...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

FTC Provides Guidance on Reasonable Data Security Practices (Part III of III)

by Patrick Law Group, LLC on

This is the third in a series of three articles on the FTC’s Stick with Security blog. Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive...more

FTC Issues New but Narrow COPPA Guidance on Voice Recordings

by Reed Smith on

Last week, the Federal Trade Commission (“FTC”) released a policy enforcement statement to provide additional guidance under the Children’s Online Privacy Protection Act (“COPPA”) for organizations that use audio voice...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

FTC Sticks With Keeping Security Current, Physical Media Safe

In the latest blog posts in the Federal Trade Commission’s “Stick with Security” series, the FTC focused on the procedures companies should put in place that will keep their security current, will address vulnerabilities that...more

Privacy Progress Report: Key Findings From the EU-U.S. Privacy Shield's First Annual Review

by Faegre Baker Daniels on

On October 18, 2017, the EU Commission released its report of the first annual review of the EU-U.S. Privacy Shield framework. The Privacy Shield is the successor of the Safe Harbor Agreement which was invalidated by the...more

FTC’s “Stick With Security” #8: Make Sure Your Service Providers Use Reasonable Security Measures

by Snell & Wilmer on

On September 15, 2017, the FTC released its eighth “Stick with Security” principle, which offers advice that individuals and organizations should consider when hiring others to process sensitive data. A few tips for making...more

Privacy Tip #110 – Resources for Small Businesses to Stay Informed about Cyber Threats

The Federal Trade Commission (FTC) has concentrated on small businesses this year with the launch of www.FTC.gov/SmallBusiness , which provides data security awareness information to small businesses. The site includes...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 “Stick With Security” #6: Protect Remote Access To Your Network

by Snell & Wilmer on

On September 1, 2017, the FTC released its sixth “Stick with Security” principle, which highlighted the steps businesses can take to ensure that “outside entryways” into network systems are secure. Securing remote access to a...more

FTC Provides Guidance on Reasonable Data Security Practices (Part II of III)

by Patrick Law Group, LLC on

This is the second in a series of three articles on the FTC’s Stick with Security blog... Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive...more

The Government Can Sue For A Privacy Or Data-Security Violation. What Are The Limits Of That Government Power?

by Ellis & Winters LLP on

Consumers and businesses aren’t the only sources of potential privacy and data-security litigation. Today’s post looks at another important source: the Federal Trade Commission and state consumer-protection regulators....more

FTC’s “Stick With Security” #4: Store Sensitive Information Securely & Protect It During Transmission

by Snell & Wilmer on

On August 18, 2017, the FTC released its fourth “Stick with Security” principle, which explained the importance of keeping confidential data only when needed, and securely storing the data when it must be kept. To that end,...more

Plaintiffs’ Lawyer Predicts $1 Billion Settlement in Data Breach Case – But Where’s the “Harm”?

by Orrick - Trust Anchor on

This week, a high profile plaintiffs’ firm (Edelson) stated that “if done right,” the data breach class actions against Equifax should yield more than $1 billion in cash going directly to more than 143 million consumers...more

FTC Provides Guidance on Reasonable Data Security Practices (Part I of III)

by Patrick Law Group, LLC on

Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive data security practices that put consumers’ personal data at unreasonable risk. Although the...more

FTC’s “Stick With Security” #2: Control Access to Data Sensibly

by Snell & Wilmer on

On August 4, 2017, the FTC released its second “Stick with Security” principle, which addressed the next step a company should take after it has identified confidential data in its possession and determined what information...more

FTC to hold workshop on informational injury

by Ballard Spahr LLP on

The FTC has announced that it will host a workshop on December 12, 2017 in Washington, D.C. to examine consumer injury in the context of privacy and data security....more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter - October 2017

by Alston & Bird on

An English-Language Primer on Germany’s GDPR Implementation Statute. Expanding on his recent article for Bloomberg BNA, Alston & Bird associate Dan Felz offers a multipart primer on Germany’s new GDPR implementation statute....more

“Stick With Security” - Getting Up to Speed With the FTC’s New Initiative

by Snell & Wilmer on

Companies that have experienced data breaches or security hacks have subsequently found themselves the subject of enforcement actions by the Federal Trade Commission (“FTC”) for violating the FTC Act, due to inadequate...more

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Cybersecurity

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