Privacy & Security Law Blog

Privacy & Security Law Blog

Legal Commentary and Resources for the Payment Industry

Insight & Commentary on Information Management and Protection
U.S. District Court Dismisses Privacy Class Actions against Viacom, Google
Posted 7 days ago

Google and Viacom’s Nick.com, Nickjr.com, and Neopets.com off the hook – for now
On July 2, 2014, New Jersey Federal District Judge Stanley R. Chesler dismissed six consolidated MDL class actions challenging Viacom’s and Google’s practice of installing cookies on personal computers that were used by children to access three Nickelodeon…

FTC Updates COPPA FAQs Again – Clarification on Parental Consent
Posted 9 days ago

Continuing our Blog’s updates on the Federal Trade Commission’s Frequently Asked Questions (FAQs) to the updated Children’s Online Privacy Protection Act (COPPA) Rule, we highlight that the FTC revised three portions of “Part H” this week, which concern how entities seeking to comply with COPPA may obtain verifiable parental consent.

COPPA…

FCC Letter Brief to Second Circuit Narrowly Construes Recent TCPA Guidance
Posted 25 days ago

We reported last spring on two FCC declaratory rulings, GroupMe and Cargo Airline, that included some broad, business-friendly interpretations of rules implementing the Telephone Consumer Protection Act (TCPA), under which plaintiff class actions are thriving.  The rulings also reinvigorated an FCC statement from when it first adopted TCPA rules in…

Federal Financial Institutions Examination Council Launches Cybersecurity Webpage and Begins Cybersecurity Assessments
Posted 32 days ago

“For cyber criminals, banks are especially tempting targets – not…

Federal Financial Institutions Examination Council Launches Cybersecurity Webpage and Begins Cyberse…
FTC Releases 2014 Privacy and Data Security Update, Touting Its Efforts and Achievements in Protecting Consumer Privacy
Posted 32 days ago

Last week, the Federal Trade Commission (FTC) released its 2014…

FTC Releases 2014 Privacy and Data Security Update, Touting Its Efforts and Achievements in Protecti…
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Developments & Commentary

FTC Updates COPPA FAQs Again – Revisions to Part H Gives App Developers and Parents Welcomed Clarification on Parental Consent

Continuing our Blog’s updates on the Federal Trade Commission’s Frequently Asked Questions (FAQs) to the updated Children’s Online Privacy Protection Act (COPPA) Rule, we highlight that the FTC revised three portions of “Part H” this week, which concern how entities seeking to comply with COPPA may obtain verifiable parental consent. COPPA ...

FCC Letter Brief to Second Circuit Narrowly Construes Recent TCPA Guidance

We reported last spring on two FCC declaratory rulings, GroupMe and Cargo Airline, that included some broad, business-friendly interpretations of rules implementing the Telephone Consumer Protection Act (TCPA), under which plaintiff class actions are thriving.  The rulings also reinvigorated an FCC statement from when it first adopted TCPA rules in ...

DWT Advisory: New HIPAA Reports to Congress Shed Light on OCR Enforcement

The Department of Health and Human Services’ Office for Civil Rights (OCR) has issued two reports to Congress, as required by the HITECH Act. The compliance report details OCR’s enforcement activities for 2011 and 2012 and sheds light on what covered entities and business associates can expect from OCR going forward. This ...

Federal Financial Institutions Examination Council Launches Cybersecurity Webpage and Begins Cybersecurity Assessments

“For cyber criminals, banks are especially tempting targets – not only because banks are where the money is, but also because of the vast amount of proprietary information banks have about their customers.” Thomas J. Curry, Comptroller of the Currency In comments before the Risk Management Association’s Governance, Compliance, and Operational ...

“…Because That’s Where the Money Is.” OCC Head Highlights Oversight of Cybersecurity for Financial Industry—Will All Vendors Cooperate?

Why are banks often tempting targets for criminals and terrorists alike? Thomas Curry, the head of the Office of the Comptroller of the Currency (OCC), recently reminded us: “…because that’s where the money is.” But what most worries the Comptroller is not a modern-day Bonnie & Clyde or John Dillinger ...

Resources & Updates

FACTA Class Actions

In the July 2014 issues of The Review of Banking & Financial Services, DWT payments team members Burt Braverman and Micah Ratner wrote about the truncation requirement of FACTA, which has spawned a wave of class action litigation with potentially ruinous damages for “willful” violations. The authors describe the court rulings ...

FTC Releases 2014 Privacy and Data Security Update, Touting Its Efforts and Achievements in Protecting Consumer Privacy

Last week, the Federal Trade Commission (FTC) released its 2014 Privacy and Data Security Update, summarizing the FTC’s major enforcement actions, policy initiatives, rules, reports, workshops, and outreach efforts in the privacy and data security arenas from approximately January 2013 until March 2014. In the 2014 Update, the FTC underscores ...

Department of Energy Invites Cybersecurity Comments

In a Federal Register notice to be officially published Friday, June 20, 2014, the Department of Energy (DOE) is inviting public participation in its efforts to develop a guidance document entitled “Energy Sector Framework Implementation Guidance.” The term “Framework” references the Framework for Improving Critical Infrastructure Cybersecurity which was released ...

Government Officials Continue to Reference NIST Framework

On Thursday, June 12, 2014, while delivering remarks on cybersecurity at the American Enterprise Institute in Washington, D.C., Federal Communications Commission Chairman Tom Wheeler challenged businesses to be more proactive in addressing increasingly prevalent threats to their cybersecurity, urging them to embrace a “new paradigm” in which the private sector ...

UPDATE on Breslow v. Wells Fargo – Same as the Old Boss: Eleventh Circuit Withdraws Opinion Just Four Days Later, But to Little Practical Effect

Just a few days ago, we reported on the Eleventh Circuit’s decision in Breslow v. Wells Fargo, which reaffirmed precedent that strict liability can arise in autodialer, prerecorded-message and texting suits under the Telephone Consumer Protection Act (TCPA), if a caller or texter obtained consent from the intended recipient, but ...