The Federal Trade Commission has announced the full agenda for its upcoming September 15 workshop examining disclosures made to consumers in the course of making advertising claims and describing privacy practices. The...more
In a widely anticipated move, the Federal Trade Commission (FTC) has overruled a decision by its own Administrative Law Judge (ALJ) that had dismissed a case against a medical testing laboratory accused of unreasonable data...more
Video Privacy Protection Act -
This article explores how personally identifiable information has been defined in leading Video Privacy Protection Act actions and looks at how concerns over the potential sensitivity of...more
7/25/2016
/ Cartoon Network ,
CNN ,
Disney ,
Facebook ,
Federal Trade Commission (FTC) ,
Geolocation ,
Google ,
GPS ,
Hulu ,
Mobile Apps ,
Netflix ,
Nickelodeon ,
Personally Identifiable Information ,
Split of Authority ,
Third-Party ,
Viacom ,
VPPA
The Federal Trade Commission (FTC) has issued warning letters to 28 companies that claim to be certified participants in the Asia-Pacific Economic Cooperative’s (APEC) Cross-Border Privacy Rules (CBPR) system on their...more
7/15/2016
/ APEC ,
Asia Pacific ,
Certifications ,
Code of Conduct ,
Cross-Border ,
Data Security ,
Federal Trade Commission (FTC) ,
FTC Act ,
International Data Transfers ,
Misrepresentation ,
Privacy Policy ,
Websites
The European Commission formally adopted the EU-US Privacy Shield on July 12, 2016, ending months of legal uncertainty with a new framework for governing transatlantic data transfers after the Privacy Safe Harbor framework...more
7/13/2016
/ Data Protection Authority ,
Data Retention ,
EU ,
EU-US Privacy Shield ,
European Commission ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Personal Data ,
Privacy Policy ,
Self-Certification ,
Surveillance ,
Third-Party ,
U.S. Commerce Department
For the first time since 2009, the potential civil penalties for violating an administrative consent order under Section 5(b) of the FTC Act is going up. The maximum civil penalty the Federal Trade Commission (FTC) can now...more
7/6/2016
/ CAN-SPAM Act ,
Civil Monetary Penalty ,
COPPA ,
Energy Policy and Conservation Act (EPCA) ,
Fair Credit Reporting Act (FCRA) ,
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 ,
Federal Trade Commission (FTC) ,
FTC Act ,
Interim Rule ,
Labeling ,
Section 5 ,
Telemarketing Sales Rule
A mobile device’s geolocation can be passed to apps and ad networks through various application programming interfaces (APIs) provided by Android or iOS, but there are other ways to determine a consumer’s location using...more
In an effort to “reduce some of the ambiguous legal liability” that exists under Section 5 of the FTC Act, the House Energy and Commerce trade subcommittee advanced eleven legislative initiatives consolidated into four bills...more
As the Federal Communications Commission sifts through over 50,000 comments received in response to its proposed broadband privacy rules, the Federal Trade Commission’s comments are likely to stand as a highlight. In a...more
6/1/2016
/ Big Data ,
Broadband ,
Data Security ,
FCC ,
Federal Trade Commission (FTC) ,
Gramm-Leach-Blilely Act ,
Inducements ,
Internet Service Providers (ISPs) ,
Opt-In ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Notice Rule ,
Third-Party Relationships
On Monday, February 29th, the European Commission and U.S. Department of Commerce released a collection of documents summarizing actions taken on both sides of the Atlantic to implement the new Privacy Shield framework. This...more
3/2/2016
/ Article 29 Working Group ,
Data Protection Authority ,
EU ,
EU-US Privacy Shield ,
European Commission ,
European Court of Justice (ECJ) ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Personal Data ,
Self-Certification ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework
The Federal Trade Commission's (FTC) recent report, Big Data: A Tool for Inclusion or Exclusion?, released on January 6, warns businesses engaged in big data analytics that the practice poses liability risks. While the FTC...more
On Monday, November 16, the Federal Trade Commission (FTC) held a workshop that examined the key privacy and security issues raised by emerging technologies that track users across their various devices, such as smartphones,...more
On Friday, November 13, Federal Trade Commission (“FTC” or the “Commission”) Chief Administrative Law Judge (“ALJ”) D. Michael Chappell issued an Initial Decision in In the Matter of LabMD, Inc. (FTC Docket No. 9357),...more
On November 4, 2015, a group of law enforcement authorities, led by the Federal Trade Commission (FTC or the Commission), announced Operation Collection Protection, a coordinated federal, state and local initiative aimed at...more
On June 30, the Federal Trade Commission (FTC) issued its first guidance document as part of its Start with Security initiative. The initiative, announced by FTC Consumer Protection Director Jessica Rich in March, will...more
The Federal Trade Commission (FTC) recently launched a new Start with Security initiative that aims to provide businesses with resources, education and guidance on best practices for data security. Announced by FTC Consumer...more
With all of the privacy and data security enforcement actions brought by the Federal Trade Commission in recent years, and with all of the guidance distributed by the FTC in that time frame, it is easy to get caught up in...more
In a first-of-its-kind enforcement action, the Federal Trade Commission (FTC) on Thursday voted along party lines to settle deception allegations against Nomi Technologies (Nomi), a company whose technology allows retailers...more