Archives: Policy and Regulatory Positioning

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Checking out of Hotel California: The California Consumer Privacy Act, and Looming Federal Legislation

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Chris Ott will be presenting “Checking out of Hotel California: The California Consumer Privacy Act, and Looming Federal Legislation” at the Consumer Bankers Association (CBA) LIVE 2019, April 1-3, 2019 at the Gaylord National in Washington, D.C. This conference marks the 10th year of retail banking’s premier event, and celebrates …

February Privacy Oracle: Proposed Amendments to the CCPA, Array of State Privacy Proposals, Upcoming Federal Hearings & Other Policy Developments

Hacker illustration

Up against a deadline for the introduction of legislation in the 2019 California state legislative session, numerous pieces of legislation were proposed last week to amend the California Consumer Privacy Act (CCPA), including a draft bill supported by the state attorney general that would allow consumers to bring private lawsuits …

January Privacy Oracle: Analysis of Draft Washington State Privacy Act, New State and Federal Proposals, and Other Policy Developments

State of Washington capitol building, Olympia.

Washington threatened to further complicate the U.S. legal landscape on Friday, January 18, as a group of state senators introduced the “Washington Privacy Act,” SB 5376, a bill which would establish GDPR-like requirements on businesses that collect personal information related to Washington residents. In addition to requirements for notice, …

December Privacy Oracle: Analysis of FTC Data Security Hearings, Senate Privacy Hearings, and Other Policies

integrated key in electronic computer circuit board.

The future of Federal Trade Commission enforcement in the data privacy and security space was the topic of much discussion in Washington this past month. The FTC held hearings to explore key issues regarding how to incentivize good data security, while the U.S. Senate held oversight hearings focused on the …

FCC Creates Reassigned Phone Number Database With Safe-Harbor Against TCPA Liability for Users

The Federal Communications Commission (FCC) has issued a Second Report and Order in its Advanced Methods to Target and Eliminate Robocalls proceeding to create a comprehensive database of phone numbers subject to reassignment because they have been disconnected from their prior subscribers. This initiative will come as welcome news to …

California Consumer Privacy Act: A Rapid Q&A

California enacted the nation’s most extensive consumer privacy law on Thursday after only a week of legislative debate. The California Consumer Privacy Act of 2018 (“CCPA”) was passed quickly to prevent a privacy ballot initiative and creates extensive notice, opt-out/opt-in, access, and erasure rights for consumers vis-à-vis businesses that collect …

FTC Reminder: Websites and Online Services Subject to COPPA Must Honor Data Deletion Requirements

The Federal Trade Commission (FTC) recently reminded companies why record retention policies are important, especially when required to comply with the Children’s Online Privacy Protection Act (COPPA). In a blog post, titled “Under COPPA, data deletion isn’t just a good idea. It’s the law,” the FTC explained that …

Federal Regulatory Agencies Advise on Cyber Insurance for Information Security Programs

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Federal regulatory agencies, acting through the Federal Financial Institutions Examination Council (FFIEC), have issued guidance for financial institutions about the role of cyber insurance in risk management of information technology systems. See, e.g., FDIC FIL-16-2018 (April 10, 2018); OCC Bulletin 2018-8 (April 11, 2018).  The agencies—principally responsible for …

D.C. Circuit Rules on FCC’s 2015 TCPA Omnibus Order: A Mixed Bag

On Friday March 16, 2018 the D.C. Circuit issued its long awaited decision on various challenges to the Federal Communication Commissions (FCC) 2015 Omnibus Declaratory Ruling and Order (Omnibus Order) on the Telephone Consumer Protection Act (TCPA), based on claims the FCC exceeded its authority and was capricious and arbitrary …

Reinstated CPNI Regulations Require Providers to File Annual FCC CPNI Certification by March 1, 2018

As we previously advised, the Federal Communications Commission (FCC) reinstated its customer proprietary network information (“CPNI”) rules governing the privacy obligations of telecommunications and VoIP service providers under Section 222. As a result, the annual certification for calendar year 2017 must be filed with the FCC by March 1,

ICYMI in Cybersecurity and Data Breach

NC Data Breach Legislation Accounts for Ransomware Attacks

“Following an increase in reported state data breaches in 2017, North Carolina’s attorney general and a state representative introduced data breach legislation to better protect individuals,” HealthIT Security reports.

 

World Economic Forum: Cyber-Attacks Third Most Likely Global Risk in 2018

In …

Webinar | TCPA Update 2018: Current Compliance Challenges for Companies

Marc Roth and Ronnie London will be featured speakers on PLI’s upcoming one-hour briefing “TCPA Update 2018: Current Compliance Challenges for Companies” on February 6, 2018 from 1-2pm ET.

This important and timely presentation will provide a detailed analysis of how courts are interpreting the key aspects of the FCC’s …

FTC Issues Staff Report on Consumer Recognition of Paid Advertising

The Federal Trade Commission delivered the advertising industry an early holiday present in mid-December in the form of a staff report entitled “Blurred Lines: An Exploration of Consumers’ Advertising Recognition in the Contexts of Search Engines and Native Advertising.” The report is a summary of research conducted by the agency …

ICYMI: PrivSec’s Weekly News Picks

 

  1. Trump signs executive order to boost broadband internet development in rural US

Tech Republic reports that “the executive order may help bring internet to previously hard to reach areas, something several ISPs have been working towards.”  “A more connected country”, author Olivia Krauth reports, “could have several business implications. …

Don’t Miss Out: The Health Care Cloud Coalition Monthly Meeting With Guest Speaker Linda Sanches From the Office for Civil Rights

The Health Care Cloud Coalition is kicking off it’s 2018 Monthly Meeting Series next Thursday, January 18th at 1:00 p.m. Eastern with a presentation from Linda Sanches, the Senior Advisor for Health IT and Privacy Policy from the U.S. Department of Health and Human Services Office for Civil Rights …

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