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Data Security Rulemaking Process

BakerHostetler

FTC Releases Privacy and Data Security Update

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On March 28, 2024, the FTC released its annual Privacy and Data Security Update (Update), which highlights the enforcement actions, guidance, and rules promulgated by the agency from 2021 through 2023 to protect consumer data...more

WilmerHale

Year in Review: The Top 10 US Data Privacy Developments From 2023

WilmerHale on

2023 marked a pivotal moment in US data privacy and cybersecurity, characterized by substantial regulatory and legislative advances at the international, federal, and state levels. The Federal Trade Commission (FTC) took a...more

Perkins Coie

CFPB Requests Information About Data Brokers for Planned Rulemaking

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The Consumer Financial Protection Bureau (CFPB) announced on March 15, 2023, that it is issuing a Request for Information (RFI) about the business practices of data brokers, which the agency said will assist it in “planned...more

ArentFox Schiff

February Privacy Report: FTC Expands Its Use of “Unfairness” Authority in GoodRx Matter

ArentFox Schiff on

GoodRx Faces Million Dollar Proposed Penalty from FTC in First Enforcement Action Under the Health Breach Notification Rule - Settlement reveals views on application of unfairness authority to sharing of sensitive...more

ArentFox Schiff

January 2023 AFS Privacy Report: Colorado Department of Law Issues Updated Draft CPA Rules

ArentFox Schiff on

Colorado Department of Law Issues Draft CPA Revisions - On December 22, the Colorado Department of Law issued updates to the draft Colorado Privacy Act (CPA) rules. These revisions build on written comments and feedback from...more

Hudson Cook, LLP

CFPB Bites of the Month - 2022 Annual Review

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In this article, we share a timeline of our monthly "bites" for 2022 applicable to the auto finance industry. So, what happened in 2022?...more

Sheppard Mullin Richter & Hampton LLP

CFPB Starts Year Seeking Comments on Proposals to Give Consumers Enhanced Control of Financial Data

Recently, the CFPB released an outline of proposed measures related to the Bureau’s Dodd-Frank Section 1033 rulemaking efforts that would allow consumers to take control of their personal financial data and determine which...more

Morgan Lewis

How the Federal Government Supports and Hinders AI

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Beginning in 2019, the US federal government ramped up its involvement in, and regulation of, the use of artificial intelligence (AI). The federal government is grappling with how to incentivize AI innovation responsibly,...more

Sheppard Mullin Richter & Hampton LLP

New Draft Regulations for Colorado’s Privacy Law

The Colorado Attorney General recently released the second set of draft regulations to the Colorado Privacy Act (CPA). In this draft, the AG is seeking specific input on five different topics. There are also a number of...more

Seward & Kissel LLP

Open Banking is Coming to America

Seward & Kissel LLP on

On October 27, 2022, the Consumer Financial Protection Bureau (“CFPB”) announced a new regulatory framework (“Framework”) governing “Personal Financial Data Rights,” or, by another name, “open banking.” Conceptually, open...more

Perkins Coie

CISA Seeks Input on New Cybersecurity Reporting Requirements

Perkins Coie on

President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) on March 15, 2022. The background and contours of CIRCIA are discussed in a previous update. CIRCIA authorizes and...more

Hogan Lovells

Critical input needed: US critical infrastructure asked to engage on proposed cyber reporting rules

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The Cybersecurity and Infrastructure Security Agency (CISA) has issued a Request for Information (RFI) and announced “public listening sessions” soliciting input in advance of formal rulemaking under the Cyber Incident...more

Buchalter

CFPB Uses UDAAP Oversight Authority to Focus on Digital Marketers

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Continuing a recent trend, the CFPB has asserted that its oversight authority regarding unfair, deceptive, and abusive practices (UDAAP) to assert that certain digital marketers, including what it refers to as “Big Tech,”...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

Sheppard Mullin Richter & Hampton LLP

CFPB Circular: Safeguard Consumer Data or Face Liability

On August 11, the CFPB published a circular clarifying liability under consumer financial protection law for bank and nonbank financial companies that fail to safeguard consumer data. The circular describes how firms may be...more

ArentFox Schiff

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

ArentFox Schiff on

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

Hogan Lovells

FTC announces advanced notice of proposed rulemaking on commercial surveillance and data security

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The FTC has issued a long-anticipated Advanced Notice of Proposed Rulemaking (ANPR) regarding commercial surveillance and data security practices. The FTC invites public comment on a wide range of issues (through more than 95...more

Sheppard Mullin Richter & Hampton LLP

Updated Timeline for DoD’s Cybersecurity Certification Program

The Department of Defense recently provided some clarity on the timeline for implementation of its Cybersecurity Maturity Model Certification (CMMC) program. The DoD now expects to complete documentation to submit to the...more

Wiley Rein LLP

[Webinar] The FTC’s Changing Approach to Privacy - June 15th, 2:00 pm - 3:00 pm EDT

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The Federal Trade Commission (FTC) now has a full slate of Commissioners and it is expected to ramp up privacy and cybersecurity enforcement and rulemaking in a number of critical areas. Join us for a discussion of the FTC’s...more

Perkins Coie

FTC Chair Lina Khan Gives First Public Address Regarding Privacy

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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

Sheppard Mullin Richter & Hampton LLP

Cybersecurity Act Signed Into Law Creates New Reporting Obligations

President Biden recently signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 as a part of a larger omnibus appropriations bill.  The new law sets out mandatory reporting requirements for...more

Benesch

Federal Trade Commission Looking at New Rules to Combat Discrimination in Algorithms and Poor Security Practices

Benesch on

The brief FTC note indicates the agency will look to combat poor security practices, protect against the misuse of personal information, and discrimination arising from algorithmic decision-making. Last month, the...more

Proskauer on Privacy

FTC Seeks to Move Beyond Notice and Consent to Restrict Data Collection and Use

Proskauer on Privacy on

The FTC indicated that it will use its rulemaking authority under the FTC Act’s Section 18 to create a new rule that will likely seek to rein in broad data collection and use. ...more

Health Care Compliance Association (HCCA)

Facing Escalating Attacks, AHA Presses OCR to Expedite Security Practices Rule

Report on Patient Privacy 21, no. 12 (December, 2021) - Amid the letters of congratulations to new HHS Office for Civil Rights (OCR) Director Lisa Pino is a plea from the American Hospital Association (AHA): “victims” of...more

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