DBR ON DATA

Security, Privacy and Information Governance

Author: Katherine Armstrong (page 1 of 9)

EU-US Privacy Shield Updates: Parliament Criticizes US Actions, and FTC Settlement with ReadyTech

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There were two recent noteworthy developments related to Privacy Shield from both sides of the Atlantic.

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California Enacts Consumer Privacy Act

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The California Consumer Privacy Act’s swift passage is the result of a compromise reached between the backers of a ballot initiative and California legislators. There are similarities and differences between the Privacy Act and the European Union’s General Data Protection Regulation (GDPR) regime, but one thing that is common to both is the need for covered entities that collect or process the personal data of data subjects to understand what personal data is collected, why it is collected, how it is used, and with whom it is shared – in other words, core information governance principles.

The new law is the most comprehensive state privacy law passed to date. It will go into effect January 1, 2020 and comes on the heels of the GDPR which became effective on May 25, 2018.

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FTC Staff Provides Recommendations to Consumer Product Safety Commission on IoT Safety

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In March 2018, the Consumer Product Safety Commission (CPSC) issued a Notice of Public Hearing and Request for Written comments on The Internet of Things on Consumer Product Hazards.  The CPSC expressed interest regarding existing safety standards on existing IoT devices, how to prevent hazards, and the role of government in the effort to promote IoT safety.

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FTC Gives Final Approval to PayPal Settlement Related to Allegations Involving its Venmo Payment Service

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The FTC gave final approval to the Venmo/PayPal settlement resolving alleged violations of Section 5 of the FTC Act and the Gramm-Leach-Bliley Act’s Privacy and Safeguards Rules. As described in a previous blog post, the FTC alleged that Venmo made a variety of misrepresentations to consumers with respect to the availability of funds, the ability of consumers to control the privacy of their transactions, and its data security practices. Continue reading

Eleventh Circuit Vacates FTC LabMD Order but Does Not Challenge FTC Authority

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The U.S. Circuit Court of Appeals for the 11th Circuit vacated the LabMD Federal Trade Commission order but did not challenge the Commission’s ability to use its unfairness authority to challenge inadequate data security practices in  a closely watched case that tested the commission’s enforcement powers.

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Vermont First State to Pass Data Broker Law

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Vermont lawmakers recently passed a first-of-its-kind data broker law, which protects consumers from credit freeze fees, data fraud and clarifies data security requirements.

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