Privacy and Data Security

The Lexis Nexis Privacy Law Bulletin recently published an article authored by Richard B. Newman. The article, “Is the Repeal of U.S. Privacy Regulations a Victory for Digital Advertising?” addresses recent privacy and data security-related legislative changes and emerging trends that impact big data, digital marketing and U.S. consumers. The article also discusses recent state legislative…

California has enacted the most stringent, GDPR-like privacy legislation in the United States. It will directly impact the way that digital marketers do business and the manner in which consumers’ personal data is collected and monetized. The California Privacy Act (AB 375) will take effect in January 2020. It provides consumers with the right to…

The Federal Trade Commission (FTC) has been increasingly more aggressive in terms of privacy and data security investigations and enforcement for more than a decade. In 2013, the FTC sued LabMD alleging that lax data security practices had resulted in the exposure of sensitive information about thousands of consumers. LabMD denied wrongdoing and argued that…

On May 22, 2018, the State of Vermont enacted the country’s first data broker law. As set forth by the new law, a data broker is defined as “a business, or unit or units of a business, separately or together, that knowingly collects and sells or licenses to third parties the brokered personal information of…

In August 2009, a final order was entered in a matter initiated by the Federal Trade Commission against Sears Holdings Management Corporation. According to the FTC, from 2007 through 2008 Sears utilized a downloadable software application that collected sensitive information from users without disclosing its data collection practices. In part, the order obligated Sears to…

All signs are that California’s controversial ballot initiative, Consumer Right to Privacy Act of 2018, is gathering momentum ahead of a November vote.  Telecom and Internet-based business are preparing to oppose the ballot measure. The initiative has been introduced by two California citizens and would impose new data privacy and security obligations, as well as significant liability for the…