Privacy and Data Security
Federal and state laws regulate the collection and use of personal information. The FTC and states attorney general enforce privacy-related promises made to consumers and initiates investigations and enforcement actions against organizations that violate consumers’ privacy rights and fail to implement reasonably adequate data security protocols.
GDPR Consent and the Legitimate Interest Alternative
The European Union’s General Data Protection Regulation (GDPR) came into effect on May 25, 2018. With it, email inboxes continue to be flooded with updated privacy policy notices for U.S. companies subject to GDPR, requesting that recipients renew consent for marketing communications. Direct marketers that process the personal data or EU residents or are otherwise…
Read Article...COPPA Data Retention and Deletion Requirements
The Children’s Online Privacy Protection Act obligates certain website operators and online service providers to protect children under thirteen years. The Federal Trade Commission enforces the COPPA Rule. While many operators and providers may be familiar with the need to have certain information in a privacy policy, as well as COPPA’s “verifiable parental consent” requirement,…
Read Article...GDPR Compliance Deadline Looms
As the May 25, 2018 deadline approaches, companies are grappling with compliance issues relating to the European Union’s General Data Protection Regulation (GDPR). Those with physical operations in an EU member state have, more than likely, been preparing for quite some time. GDPR imposes strict protections for the “personal data” of EU citizens, including individual…
Read Article...Mobile Phone Maker Reaches Settlement with FTC over Deceptive Privacy and Data Security Claims
Mobile phone manufacturer BLU Products, Inc. and its co-owner have reached a settlement with the Federal Trade Commission over allegations that the company allowed a China-based third-party service provider to collect detailed personal information about consumers, such as text message contents and real-time location information, without their knowledge or consent despite promises by the company that…
Read Article...FTC “Informational Injury” Workshop
The Federal Trade Commission continues to aggressively initiate investigations and enforcement actions against companies for the alleged failure to implement reasonable privacy and data security measures. For quite some time, the agency has done so pursuant to the theory that such practices are “unfair,” as proscribed by Section 5 of the FTC Act. However, the…
Read Article...Proposed ‘Consumer Privacy Bill of Rights Act of 2015’ Under Attack
On February 27, 2015, following President Obama’s announcement last month that the administration would be pushing for a consumer privacy bill of rights, the Administration posted the “Consumer Privacy Bill of Rights Act of 2015.” The proposed legislation is aimed at restricting how companies may handle consumer data. In short, the draft bill would require companies to…
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