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Beyond HIPAA: FTC’s Data Protection Authority Results in Settlement with Genetic Testing Company

A recent enforcement action by the Federal Trade Commission (“FTC”) against 1Health.io—which sells “DNA Health Test Kits” to consumers for health and ancestry insights—serves as a reminder that the FTC is increasingly...more

When Innovation Outpaces Regulation: FTC Chair Calls for Regulating AI

In the absence of a federal law directly aimed at regulating artificial intelligence (AI), the Federal Trade Commission (FTC) is seeking to position itself as one of the primary regulators of this emergent technology through...more

FTC Signals Increased Scrutiny of Technology Sector Through Establishing the Office of Technology

On February 17, 2023, the Federal Trade Commission (“FTC”) announced the creation of the Office of Technology (the “OT”), which will be headed by Stephanie T. Nguyen as Chief Technology Officer. This development comes on the...more

A Recently-Released “Discussion Draft” of the “American Data Privacy and Protection Act” Provides Insight Into Recent Bipartisan...

As reported in a June 3, 2022 press release from the House Committee on Energy and Commerce, U.S. Representatives Frank Pallone, Cathy McMorris Rodgers, and Senator Roger Wicker released a “discussion draft” of a federal data...more

FTC Enforcement Highlights the Importance of Preserving Privacy in AI Development: How to Avoid AI Model Destruction

The success of an artificial intelligence (AI) algorithm depends in large part upon trust, yet many AI technologies function as opaque ‘black boxes.’ Indeed, some are intentionally designed that way. This charts a mistaken...more

FTC Warns That Health Apps May Be Subject to the Health Breach Notification Rule

The Federal Trade Commission (“FTC”) recently issued guidance clarifying protections applicable to consumers’ sensitive personal data increasingly collected by so-called “health apps.” The FTC press release indicated it has...more

ECJ Invalidated the EU-US Privacy Shield Framework

On July 7, the Court of Justice of the European Union (ECJ) invalidated the EU-US Privacy Shield framework in its ruling in Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems (Case C-311/18). More than...more

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