The FTC’s Approach to Consumer Privacy

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As part of the FTC’s Hearings on Competition and Consumer Protection in the 21st Century, the Commission will hold a two-day hearing on April 9–10 at the Constitution Center (400 7th Street SW in Washington D.C.). The FTC has received 40 comments already and will continue receiving comments until May 31, 2019.

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Thoughts on GLB Safeguards Rule and Privacy Rule? FTC Awaits Your Comments

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The Federal Trade Commission (FTC) issued two Notices of Proposed Rulemaking (NPRMs) seeking comment on proposed amendments to the Gramm–Leach–Bliley Act (GLBA) Safeguards Rule and Privacy Rule. The comments are due 60 days after the NPRM is published in the Federal Register. The NPRMs accomplish two things. First, they address comments received several years ago when the FTC sought review of these rules pursuant to its periodic review of FTC rules and guides. Second, it proposes to amend both rules and seeks comments on those amendments.

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NIST Privacy Framework Takes Shape

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As previously reported, the National Institute of Standards and Technology (NIST) is developing a voluntary Privacy Framework in collaboration with private- and public-sector stakeholders. The goal is to help organizations better identify, assess, manage, and communicate their privacy risks. Other benefits anticipated from this project are fostering the growth of innovative approaches to protecting individual privacy and creating greater trust in products and services that may use the Framework once it is established.

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The Emerging Importance of Chief Data Officers: Recent Legislation & Other Initiatives

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A spotlight has been placed on the need for a chief data officer (CDO) in public sector agencies through both recent legislation and recommendations made in other recent reports and initiatives.

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GAO Report Recommends Congress Consider Comprehensive Privacy Regulation

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The GAO recently concluded a comprehensive analysis of the U.S. federal regulatory landscape with respect to internet privacy, specifically focusing on FTC and FCC enforcement actions and authorities. GAO interviewed representatives from industry, consumer advocacy groups, academia, FTC and FCC staff, former FTC and FCC commissioners, and officials from other agencies. (See page 40 of the GAO report for a complete list of those interviewed.) GAO recommends that Congress consider developing comprehensive legislation on internet privacy that would enhance existing consumer protections and provide flexibility to address a rapidly evolving privacy environment.

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$3 Million Settlement for Two Separate HIPAA Breaches Affecting Over 62,500 Individuals

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Cottage Health and the Office for Civil Rights at the U.S. Department of Health and Human Services (HHS-OCR) recently entered into a $3 million no-fault settlement and three year corrective action plan to settle potential violations of the Health Insurance Portability and Accountability Act (HIPAA). This was HHS-OCR’s last HIPAA related settlement of 2018 – a record year in HIPAA enforcement activity, as detailed in this DBR on Data blog post.

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