Less than two weeks after providing additional guidance on the recent changes to the Children’s Online Privacy Protection Act (“COPPA”) Rule, in the form of updated Frequently Asked Questions, the Federal Trade Commission (“FTC”) voted unanimously to retain the July 1, 2013 effective date for the changes to the COPPA Rule.
In Bloomberg BNA’s Privacy and Security Law Report, Hogan Lovells attorneys Des Hogan, Michelle Kisloff, and Chris Wolf have published an article addressing the increased litigation and regulatory risks that companies must address in the evolving privacy and data security landscape. After summarizing recent developments involving class actions and regulatory activities, the article offers guidance on how companies can reduce their financial and reputational exposure.
Recognizing the changes enabled by mobile devices and social technologies, the Federal Trade Commission has published the first update in over twelve years of its guidelines for online advertising. The new guide, .com Disclosures: How to Make Effective Disclosures in Digital Advertising, parallels the 2000 original, Dot Com Disclosures: Information About Online Advertising, and uses much… Continue Reading
There has been an explosion in the number and variety of mobile payment services available to consumers in the last couple of years, with new innovations and players growing exponentially. The release of the Federal Trade Commission’s (FTC) March 8, 2013 staff report, “Paper, Plastic… or Mobile? An FTC Workshop on Mobile Payments,” indicates the potential… Continue Reading
On March 7, the FTC announced a major new initiative cracking down on text message spammers and drove home the point by commencing eight new lawsuits against alleged spammers. In eight complaints filed in four different federal courts across the country, the FTC has charged a total of twenty-nine defendants, alleging that they collectively sent… Continue Reading
Today the FTC released Mobile Privacy Disclosures: Building Trust Through Transparency, a report containing recommendations for the mobile industry. The report encourages mobile app platforms to play a significant role in providing consumers with privacy-related information, devoting more pages to recommendations for platforms than it does for developers, ad networks, third-party service providers, and trade… Continue Reading
Yesterday saw dozens of instant summaries of the Federal Trade Commission’s long- awaited revision to the Children’s Online Privacy Protection Act (COPPA) Rule, which becomes effective on July 1, 2013. We took a night “to sleep on it,” in order provide not just a summary, but some focused comments about the impact of yesterday’s rule… Continue Reading
The FTC has issued an interim final rule to amend the Identity Theft “Red Flags Rule,” which requires certain “financial institutions” and “creditors” to develop and implement a written identity theft prevention program to identity, detect, and respond to possible incidents of identity theft. The interim rule amendment conforms the Red Flag’s Rule’s definition of… Continue Reading
On October 11, 2012, the U.S. Government Accountability Office (GAO) issued a report titled “Mobile Device Location Data: Additional Federal Actions Could Help Protect Consumer Privacy.” Requested by Sen. Al Franken (D-MN), the Report recognizes the efforts of Federal agencies to protect consumer privacy when using mobile devices but calls for additional action
Following up on a public workshop held earlier this year, today the Federal Trade Commission (FTC) issued a set of truth-in-advertising and privacy guidelines for mobile device application (app) developers. Titled “Marketing Your Mobile App: Get it Right From the Start,” the guidelines provide an overview of key issues for all app developers to consider.
Eric Bukstein, who is in the Privacy and Information Management Practice at Hogan Lovells recenly gave a video interview to Colin O’Keefe of LXBN (Lexblog Network) TV to discuss the FTC’s supplemental proposed changes to the COPPA Rule. The video can be viewed in this blog entry.
On August 3, at the ABA Annual Meeting, the ABA Section of Administrative Law and Regulatory Practice held a panel moderated by Hogan Lovells privacy leader Chris Wolf entitled “Privacy Law in 2012: Where We Are and Where We Are Going.” The article below, reprinted with permission from ABA Now, describes thoughts of the panelists on the future of privacy in the US and in Europe.
On August 1, the Federal Trade Commission (“FTC”) issued a supplemental notice of proposed rulemaking which proposes several changes to its previously released proposed Children’s Online Privacy Protection Act (“COPPA”) rulemaking. COPPA and the FTC’s COPPA Rule regulate the collection of personal information online from children under the age of thirteen. On September 15, 2012, the FTC released proposed revisions to the COPPA Rule, which contemplated several major changes to the existing COPPA regime.
In its first enforcement action under the Fair Credit Reporting Act (“FCRA”) about the sale of data compiled from publicly available online sources in the context of employment screening, the Federal Trade Commission (“FTC”) announced yesterday that it had entered into a $800,000 settlement with an online data broker, Spokeo, for allegedly marketing consumer profiles to employers and recruiters without complying with the requirements of FCRA. In addition, the FTC settled charges that Spokeo violated Section 5 of the FTC Act by posting surreptitious endorsements of its services under the names of others.
The Federal Trade Commission yesterday announced settlements with two companies over security breaches caused by peer-to-peer (P2P) file sharing software. The settlements require the companies to establish and maintain comprehensive information security programs and to undergo data security audits by independent auditors every other year for 20 years.
This blog entry links to a piece written for Forbes by Hogan Lovells privacy practice leader Chris Wolf in which he contrasts the relatively light penalty imposed upon Dharun Ravi, the Rutgers student convicted of invasion of privacy and bias intimidation, with the remedies imposed by the Federal Trade Commission for violations of Section 5 of the FTC Act.
On May 14, Hogan Lovells’ partner Chris Wolf moderated a panel discussion presented by the Congressional Internet Caucus Advisory Committee entitled, “New Internet Privacy Legislation: What the White House, Federal Trade Commission and the European Commission Are Recommending.” The FTC’s Maneehsa Mithal began the event with a brief overview of the FTC’s Commission Report on protecting consumer privacy, and the panelists, led by Mr. Wolf, engaged in a discussion about the FTC Report, the White House’s privacy white paper, and the proposed EU Data Protection Regulation.
Privacy law compliance means not only ensuring that compliance gaps are identified and remediated, but also that there is a privacy management infrastructure to ensure that privacy issues are handled on an ongoing basis. Attending to the infrastructure task can be challenging.
To aid in this effort, on April 17th Canada’s privacy commissioner, along with the privacy commissioners of the provinces of Alberta and British, issued a guidance document entitled “Getting Accountability Right with a Privacy Management Program,” along with an “At a Glance” two-page summary. These materials are summarized in this entry.
In the report issued by the FTC yesterday, the FTC calls on Congress to consider enacting targeted legislation to provide greater transparency for, and control over, the practices of information brokers and to allow consumers to access their data maintained by information brokers. The FTC notes that Congress could model any such legislation on a bill that the House passed during the 111th Congress, as well as similar bills introduced in the 112th Congress. These bills included some data accuracy and access provisions that were targeted specifically to information brokers. The bills are detailed in this blog entry.
The upcoming IAPP Web Conference on the FTC Final Privacy Report, taking place on Tuesday, April 3 from 1 to 2:30 PM EDT, will feature two senior FTC officials, Ed Felten and Maneesha Mithal and FTC practitioner Bob Belair, and will be moderated by Hogan Lovells privacy partner Chris Wolf.
Today the Federal Trade Commission (FTC) issued its long-awaited privacy report, “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers,” which is intended to articulate “best practices” for companies that collect and use consumer data, and to assist Congress as it considers new privacy legislation.
A copy of the just-released FTC final Privacy Report, “Protecting Consumer Privacy in an Era of Rapid Change. An analysis will follow.
This entry predicts some of the items likely to be included in the Final FTC Privacy Report to be released on Monday, March 26.
Hogan Lovells is proud to have six lawyers from its Privacy and Information Management group presenting at various sessions of this year’s IAPP Global Privacy Summit. For those attending the Summit, please consider attending the sessions this week to hear from members of the Hogan Lovells team about various cutting edge topics, as well as about how you can get involved in the IAPP’s public service initiative.