Privacy and Data Security

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…

The FTC has released is Privacy and Data Security Update (2017).  The report provides a comprehensive overview of the agency’s enforcement, policy initiatives, and consumer outreach and business guidance in the areas of privacy and data security.  The FTC is the country’s primary privacy and data security enforcer. The FTC uses a variety of tools to…

FTC defense lawyer Richard B. Newman of Hinch Newman LLP is featured by Data Protection Leader, an international publication for authoritative data professionals offering analysis and guidance on data privacy, compliance and data protection regulations. The article is entitled “Complying with the FTC’s COPPA Rule in a Data-Driven World.” The Children’s Online Privacy Protection Act (COPPA) is…