News & Analysis as of

Data Security Advanced Notice of Proposed Rulemaking (ANPRM)

Eversheds Sutherland (US) LLP

Treasury releases proposed Outbound Investment Security Program rules

On June 21, 2024, the US Department of the Treasury (Treasury) released proposed new federal regulations (Proposed Rules) that, if implemented, would prohibit or require notification of a broad range of outbound investment...more

King & Spalding

Executive Order Restricts Foreign Access to U.S. Data, Citing National Security Risks

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On February 28, 2024, President Biden signed Executive Order (EO) 14117 titled “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” On March 5,...more

American Conference Institute (ACI)

Industry Responses to the U.S. Outbound Investment Regulatory Regime

The only thing truly certain about the proposed U.S. outbound investment regulatory regime is that a lot of uncertainty remains. But industry responses garnered during the comment period may, at least partly, foretell the...more

Goodwin

US Government Moves to Regulate Cross-Border Transactions Involving Sensitive Data

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In a sweeping, coordinated effort across federal agencies, the US government has taken a giant leap forward to prevent access to data that could be exploited to the detriment of national security. On February 28, 2024,...more

White & Case LLP

Bureau of Industry and Security Announces Digital Security Inquiry into the Automotive Industry

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On February 29, 2024, the US Department of Commerce Bureau of Industry and Security ("BIS") announced an advanced notice of proposed rulemaking ("ANPRM") that asks for public input on potential regulations to address the...more

Alston & Bird

White House Executive Order to Regulate Transactions Involving Sensitive Personal Data of Americans

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The White House announced that President Biden will sign an executive order designed to protect sensitive data of U.S. persons from exploitation by identified countries of concern.  This executive order is expected to be...more

Holland & Knight LLP

Holland & Knight Data Privacy and Security Report: September 2023

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Welcome to Holland & Knight's monthly data privacy and security news update that includes the latest in policy, regulatory updates and other significant developments. ...more

Foley Hoag LLP - Security, Privacy and the...

Thirty-Three State Attorneys General Show Support for FTC’s Proposed Crackdown on “Commercial Surveillance”

On August 22, 2022, the Federal Trade Commission (“FTC”) indicated through the Advanced Notice of Proposed Rulemaking its intent to limit commercial surveillance – the common corporate practice of collecting, analyzing, and...more

Polsinelli

For OT Cybersecurity, Extra Time is Running Out

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Operational technology (OT) is hardware and software that detects or causes a change, through the direct monitoring and/or control of industrial equipment, assets, processes and events. By design, OT underpins many critical...more

Wiley Rein LLP

Wiley Consumer Protection Download (November 14, 2022)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Wiley Rein LLP

PrivacyCon 2022: FTC Hears from Researchers on Wide Range of Topics, Many of Which Overlap With Its Ongoing Privacy and Security...

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On November 1, 2022, the Federal Trade Commission (FTC) hosted PrivacyCon 2022, its seventh annual conference in which the Commission looks to academics and researchers to inform its efforts to address emerging consumer...more

Wiley Rein LLP

Updates on the FTC Privacy Rulemaking: Insights from Commissioner Slaughter and Comment Deadline Extension

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In August, the FTC launched a groundbreaking privacy and security rulemaking under the FTC Act with an extensive Advanced Notice of Proposed Rulemaking (ANPR) that asks a wide range of questions. The ANPR has generated...more

Wiley Rein LLP

Wiley Consumer Protection Download (October 17, 2022)

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Regulatory Announcements- FTC Announces Agenda for October 2022 Open Commission Meeting. On October 13, the FTC announced the agenda for its October 20, 2022 Open Commission Meeting. Specifically, the agency announced that...more

Dechert LLP

Dechert Cyber Bits - Issue 21

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US Federal Appellate Court Issues Opinion on Proof of Injury in Data Breach Cases - On September 2, 2022, the U.S. Court of Appeals for the Third Circuit reinstated a class action lawsuit that had previously been dismissed...more

Ballard Spahr LLP

A Look at Recent Federal Trade Commission and Consumer Financial Protection Bureau Initiatives Concerning Privacy and Data...

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Our discussion examines the FTC’s Advanced Notice of Proposed Rulemaking relating to what it describes as “commercial surveillance” and the CFPB’s circular confirming that covered persons and service providers may violate the...more

Wiley Rein LLP

FTC Pushing Ahead Toward Major Privacy Regulation

Wiley Rein LLP on

On August 11, 2022, the Federal Trade Commission (FTC) issued an Advance Notice of Proposed Rulemaking (ANPR), titled “Trade Regulation Rule on Commercial Surveillance and Data Security”. The wide-ranging ANPR seeks feedback...more

King & Spalding

The FTC Launches Its Long-Awaited Data Privacy & Security Rulemaking

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95 Problems but Privacy Won’t Be One? The ANPRM lists ninety-five (95) data privacy and security-related issues about which the FTC seeks public comment—everything from the way that companies process consumer data to how...more

Dechert LLP

Dechert Cyber Bits - Issue 20

Dechert LLP on

Pelosi Statement Dims the Lights on ADPPA - The prospects for the nation’s first comprehensive data privacy law, the American Data Privacy and Protection Act (the “ADPPA” or the “Bill”), dimmed after House Speaker Nancy...more

Sheppard Mullin Richter & Hampton LLP

FTC Signals Focus on Increasing Protections Around Personal Data

The FTC recently published an advance notice of proposed rulemaking to discuss harms associated with the collection, processing, and selling of personal data...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - August 2022

In this month’s Privacy & Cybersecurity Update, we review the FTC’s proposed data privacy and cybersecurity rulemaking and the European Data Protection Board’s draft guidelines on the calculation of GDPR administrative fines....more

Wiley Rein LLP

Wiley Consumer Protection Download (August 29, 2022)

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FTC Launches Long-Anticipated Trade Regulation Rulemaking on ‘Commercial Surveillance’ and Data Security. On August 11, the FTC issued an Advance Notice of Proposed Rulemaking (ANPR), titled “Trade Regulation Rule on...more

Alston & Bird

FTC Issues Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security

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On August 22, 2022, the Federal Trade Commission (FTC) published its advance notice of proposed rulemaking (ANPR) to request public comment on commercial surveillance and data security practices. The ANPR comes at the same...more

Shutts & Bowen LLP

FTC to Embark on New Privacy Rulemaking

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Privacy and data security professionals have been closely monitoring the ongoing battle regarding a new proposed federal law, the American Data Privacy and Protection Act ( ADPPA), which in July made it out of committee with...more

ArentFox Schiff

Privacy Report: FTC Publishes Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security

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FTC Publishes Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security - Concerned that companies use secret surveillance practices to collect “vast troves” of consumer information, the Federal...more

Perkins Coie

FTC Kicks Off Wide-Ranging Privacy Rulemaking

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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

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