With the ever-changing complexity of state data breach notification laws, companies facing a data breach need resources that will help them understand the issues. This summary provides an overview of the similarities and differences in data breach laws adopted in the 50 United States and the District of Columbia and includes laws enacted since our
Privacy
Online Talent Company Settles with FTC Over Alleged COPPA Violations
Online talent search company Explore Talent just landed in the spotlight of the Federal Trade Commission (FTC). The Vegas-based company was charged with violating the Children’s Online Privacy Protection Act (COPPA), which requires that companies collecting information online must obtain informed, verifiable parental consent before collecting any information from a child under 13. The company…
European Court of Justice Throws Out Class Action in Latest Schrems Battle
In the latest round of the ongoing battle between Austrian privacy activist Max Schrems and Facebook, the European Court of Justice (CJEU) ruled that Schrems did not have standing to bring claims on behalf of Austrian consumers over Facebook’s alleged violations of users’ privacy rights. The court did, however, allow for Schrems to continue with…
Learning From Facebook’s WhatsApp EU Privacy Challenges
Nearly one year after it was first warned its privacy practices were inadequate under European law, popular messaging platform WhatsApp has been cited with privacy deficiencies for a second time. The Article 29 Data Protection Working Party (WP29), which is made up of data regulators from EU Member States and the Commission, sent a letter…
Internal Reforms Announced for FTC’s Bureau of Consumer Protection
The Federal Trade Commission’s Bureau of Consumer Protection is about to undergo reform, according to FTC Acting Chairman Maureen Ohlhausen. In a press release issued on July 17, the FTC stated that the changes are part of an ongoing initiative to simplify information requests and improve transparency that began last April, when Ohlhausen announced new…
FTC Announces Date for PrivacyCon 2018 and Call for Presentations
The Federal Trade Commission (FTC) has announced that its third annual PrivacyCon will take place in Washington, D.C., on February 28, 2018. The conference will bring together researchers, academics, industry representatives, consumer advocates, and government representatives to explore an array of consumer privacy and data security issues, with a particular focus on emerging technologies, such…
Are Your Security Tools Up to Date?
The effects of the massive cyberattack using ransomware known as “Wanna Cry” are still being felt all over the world. Tens of thousands of organizations have been infected, including the UK’s National Health Service, which ran some services on an emergency-only basis the day the attack began in earnest. Some security experts surmise…
New Mexico Enacts Data Breach Notification Law; Tennessee Reinstates Encryption Safe Harbor
New Mexico is the 48th state to enact a data breach law. That law, the Data Breach Notification Act (HB15), is scheduled to take effect on June 16, 2017. Alabama and South Dakota are now the only states without a data breach notification law.
The New Mexico law is like other state breach notification laws…
FTC Seeks Comments on Proposed Changes to TRUSTE’s COPPA Safe Harbor Program
In a Federal Register notice, the FTC has asked for comments on intended changes to TRUSTe’s existing safe harbor program under the Children Online Privacy Protection Act (COPPA). TRUSTe proposed the changes following its settlement earlier this month with the New York Attorney General over allegations that the compliance and security company did not…
TRUSTe Settles COPPA Safe Harbor Enforcement Action with NYAG
TRUSTe has settled allegations by the New York Attorney General that it did not adequately assess whether companies certified under its Children’s Online Privacy Protection Act (COPPA) Safe Harbor seal program allowed third party sites to track children. TRUSTe agreed to pay $100,000 and will be required to adopt new procedures to make its COPPA …