Archives: Data Privacy

Why Everyone Is Talking About a Rarely Invoked Rule – the FTC’s Health Breach Notification Rule

By Daniel Kaufman on December 22, 2021 Posted in Data Privacy, FTC

Back in September, the Federal Trade Commission (FTC) issued (by a 3-2 vote) a policy statement (the Statement) regarding the oft-forgotten Health Breach Notification Rule (the Rule). I was at the FTC when the Statement was released and have since joined BakerHostetler. Around the time I joined BakerHostetler, my new colleague Melissa Hewitt published an … Continue Reading

Ambiguities in the FTC’s New Made in USA Rule, Part 1

By Randal M. Shaheen on December 15, 2021 Posted in Data Privacy

The FTC (the Commission) has given us plenty to write about these days, particularly as it looks for ways to beef up its ability to obtain monetary relief in light of the Supreme Court’s unanimous AMG decision. We have written a lot recently about the FTC’s Notice of Penalty letters, but we would be remiss … Continue Reading

Slaughterhouse-Five: Myth-Busting with the Commissioner at NAD 2021

By Randal M. Shaheen and Matthew Renick on October 8, 2021 Posted in Advertising, Data Privacy, FTC

By Randal Shaheen and Matthew Renick To kick off the final day of the National Advertising Division’s (NAD) 2021 virtual conference last week, FTC Commissioner Rebecca Slaughter gave a keynote address laying out her views on consumer privacy and the digital data economy writ large. Specifically, Commissioner Slaughter sought to bust five myths about privacy … Continue Reading

CCPA Regs: “This is the meat on the bones….”

By BakerHostetler on October 10, 2019 Posted in California, Data Privacy

For our readers who are following and interested in CCPA developments (and what advertiser is not!?), please see today’s post in the Data Privacy Monitor summarizing the hot off the presses proposed implementation regulations. The draft regs, announced via press conference today, provide more detail on key topics of concern including what notices are required … Continue Reading

Ad and Publishing Industries Confront CCPA Challenges While Congress Considers Privacy

By BakerHostetler on May 29, 2019 Posted in Advertising, California, Data Privacy

The junior Senator from Missouri, Joshua Hawley (R), has introduced s 1578, which would require the Federal Trade Commission (FTC) to create and make available a “do not track” (DNT) signal that consumers can associate with their devices and require that online services look for the signal and, when indicated, not collect, use or share … Continue Reading

Increased Scrutiny on Notice and Choice for Use of AD Profiling, Especially Using Mobile Location Data

By BakerHostetler on March 27, 2019 Posted in Advertising, Data Privacy

If your marketing department’s app-etite for serving geotargeted ads via mobile app is growing, read this article from our privacy colleagues Taylor Bloom, Alan Friel, and Niloufar Massachi. Self-regulators and local law enforcement expect clear notice before a customer downloads an app to make sure the Minority Report ad delivery treatment is accepted and seen … Continue Reading