FTC Seeks Information from Platform-Based ISPs about Their Privacy Practices

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Following congressional hearings last month on potential federal data privacy legislation − Hearing on Policy Principles for a Federal Data Privacy Framework in the United States before the Senate Committee on Commerce, Science, and Transportation; Hearing on Improving Data Security at Consumer Reporting Agencies before the House Subcommittee on Economic and Consumer Policy − the Federal Trade Commission (FTC) on March 26, 2019, announced the initiation of a study concerning the privacy policies, procedures, and practices of seven internet service providers (ISPs). The FTC has used this process in other industries or areas of focus to gather information that it may later share in a public report.

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U.S. Supreme Court Declines to Hear Zappos Data Breach Case

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The Supreme Court recently declined to review the Ninth Circuit’s decision in Zappos.com, Inc. v. Stevens, a class action suit resulting from a 2012 data breach of the online retailer. As a result, there remains a split in the courts as to whether a breach of data confers Article III standing on potential plaintiffs, even if no actual injury occurred.

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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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California Consumer Privacy Act

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DBR Kicks Off Its Year-Long CCPA Webinar Series … While the CA AG Seeks Public Input on the CCPA and Lawmakers Propose Changes to It.

DBR’s CCPA Webinar Series Kicks Off

The end of February marked the beginning of Drinker Biddle’s nine-part webinar series on the new California Consumer Privacy Act of 2018 (CCPA) — one of the most significant data privacy laws in the United States.

Compliance with the new law will require considerable knowledge and effort. Our webinar series delves into the complex details and strategies that companies doing business in the state need to know. The series will feature a panel of CCPA professionals from Drinker Biddle’s Information Privacy, Security and Governance team, including Peter Blenkinsop, Jeremiah Posedel, Reed Abrahamson, and others.

The first webinar held on February 27 provided a comprehensive overview of the CCPA, including the obligations and limitations imposed on businesses that collect and process personal data of California residents, the rights of such residents, and the enforcement mechanisms and potential penalties available under the act. The DBR team also highlighted some key open issues that will hopefully be addressed or clarified by California regulators before the law becomes operative on January 1, 2020. For those who were unable to attend, a recording of the webinar and a copy of the presentation materials are available here.

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