Privacy & Security Law Blog

Privacy & Security Law Blog

Legal Commentary and Resources for the Payment Industry

Insight & Commentary on Information Management and Protection
When Does Texting Become Autodialing?
Posted 19 hours ago

Seventh Circuit Provided Opportunity to Consider Just What “Capacity” Equipment…

When Does Texting Become Autodialing?
Consumer Privacy Legislation? All Sides Weigh In But Remain Far Apart in the Big Debate Over Big Data
Posted 7 days ago

Recent comments filed by various stakeholders in response to the…

Consumer Privacy Legislation? All Sides Weigh In But Remain Far Apart in the Big Debate Over Big Dat…
FTC Undertakes Period Rule Review of Telemarketing Sales Rule
Posted 11 days ago

The Federal Trade Commission (FTC) has published in the Federal Register a Request for Comments on all aspects of its Telemarketing Sales Rule (TSR) as part of a routine review of the effectiveness, costs and benefits of its rules. Though the Request for Comments targets several TSR issues in particular…

COPPA’s “Safe Harbor” Grows with FTC’s Approval of iKeepSafe’s Self-Regulating Framework
Posted 14 days ago

The Federal Trade Commission (FTC) has announced that it approved…

COPPA’s “Safe Harbor” Grows with FTC’s Approval of iKeepSafe’s Self-Regulating Framework
Pass or Fail? Sen. Markey and Hatch Introduce “Protecting Student Privacy Act” Seeking to Amend FERPA, Increase Protection of Student PII Shared with Private Companies
Posted 17 days ago

On July 30, 2014, Sen. Edward J. Markey, D-Mass., made…

Pass or Fail?  Sens. Markey and Hatch Introduce “Protecting Student Privacy Act” Seeking to Amend FE…
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Developments & Commentary

Consumer Privacy Legislation? All Sides Weigh In But Remain Far Apart in the Big Debate Over Big Data

Recent comments filed by various stakeholders in response to the U.S. Commerce Department’s National Telecommunications and Information Administration’s (NTIA) Request for Public Comment (RFC) on “Big Data and Consumer Privacy in the Internet Economy,” evidence a wide rift between consumer groups and most business interests regarding the need for additional ...

FTC Undertakes Periodic Rule Review of Telemarketing Sales Rule

The Federal Trade Commission (FTC) has published in the Federal Register a Request for Comments on all aspects of its Telemarketing Sales Rule (TSR) as part of a routine review of the effectiveness, costs and benefits of its rules. Though the Request for Comments targets several TSR issues in particular ...

COPPA’s “Safe Harbor” Grows with FTC’s Approval of iKeepSafe’s Self-Regulating Framework

The Federal Trade Commission (FTC) has announced that it approved iKeepSafe’s Safe Harbor Program application, allowing the company’s self-regulating framework to serve as a safe harbor under the Children’s Online Privacy Protection Act (COPPA) and the COPPA Rule. The approval comes five months after iKeepSafe originally submitted its safe harbor ...

Pass or Fail? Sens. Markey and Hatch Introduce “Protecting Student Privacy Act” Seeking to Amend FERPA, Increase Protection of Student PII Shared with Private Companies

On July 30, 2014, Sen. Edward J. Markey, D-Mass., made good on his earlier promise to beef up the Family Educational Rights and Privacy Act of 1974 (FERPA) to provide heightened protections for student educational records shared with private companies. Together with Sen. Orrin Hatch, R-Utah, Markey introduced the “Protecting Student ...

DWT Advisory: Rhode Island Hospital’s Breach of Health Information Leads to Settlement with Massachusetts Attorney General

On July 23, 2014, the Massachusetts attorney general announced a settlement with Women & Infants Hospital of Rhode Island (WIH) over the loss of unencrypted backup tapes. WIH agreed to pay $150,000 and undertake numerous compliance measures, including hiring an independent auditor, to resolve allegations that it failed to protect the personal ...

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 ...