FTC Authorizes use of Compulsory Process in AI Investigations
On November 21, the Federal Trade Commission (“FTC”) approved in a 3-0 vote a resolution authorizing the use of compulsory process in nonpublic investigations involving products and services that involve or claim to involve Artificial Intelligence (AI).
Compulsory process is akin to a subpoena, and it allows the FTC to request the production of information
CFPB Issues Proposed Rule Offering Consumers Greater Access to and Control Over Their Financial Data
On October 19, 2023, the Consumer Financial Protection Board (“CFPB”) released a proposed rule that, if enacted, would grant consumers greater access rights to the data their financial institutions hold. Under the proposed Personal Financial Data Rights Rule (the “Proposed Rule”), bank customers nationwide would have privacy rights similar to what is afforded under the
SEC Adopts New Cybersecurity Reporting Rules, Setting Up Various Compliance Challenges
After an extensive comment period, the SEC announced on July 26 that it was formally adopting new rules for public companies governing cybersecurity disclosures. The rules had generated significant backlash from public companies, who criticized the new reporting deadlines for data security incidents as well as the mandatory cyber-risk disclosures the Rules mandate.
Adoption of
Real World Implications of Sephora
On August 24, California Attorney General Rob Bonta announced a $1.2 million settlement with Sephora over allegations that the cosmetic retailer had violated the California Consumer Privacy Act (CCPA). This first public enforcement action—and subsequent noncompliance letters the Attorney General sent to other retailers—clearly highlight the continued focus of regulators on online tracking practices and opt-out signals such
NYDFS Announces Draft Amendments to Cybersecurity Regulation
On July 29, 2022, the New York Department of Financial Services (“NYDFS”) released Draft Amendments to its Cyber Security Regulations. The Amendments, if adopted, would further regulatory trends and impose important new requirements on covered entities.
The Amendments contain three significant changes relating to ransomware. First, the Amendment specifically adds “the deployment of ransomware
Webinar Recording – Dark Patterns: Legal & Regulatory Update
In this initial episode of Ballard Spahr’s new privacy and data security webcast series, Phil Yannella and Greg Szewczyk – co-chairs of the Privacy & Data Security Group – discuss regulatory scrutiny concerning the use of “dark patterns” to steer website visitors into purchasing products or making online choices they otherwise would not make.
Financial Institutions Face Increasingly Stringent Federal Breach Reporting Requirements
The last few months have seen a flurry of new federal cybersecurity incident reporting requirements and proposals impacting private entities in the financial sector. As the number and frequency of cyber attacks continue to grow, regulators have attempted to enhance cybersecurity protections via increased and more rigid incident reporting obligations, leading to a constantly shifting
FTC Guidance Affirms Breach Notification Obligations for Health Apps and Connected Devices
On September 15, 2021, the Federal Trade Commission (“FTC”) issued a policy statement affirming the applicability of its Health Breach Notification Rule (the “Rule”), 16 CFR Part 318, to health apps and connected devices that are not subject to the Health Insurance Portability and Accountability Act (“HIPAA”) but are capable of drawing information from multiple sources.
Continue Reading FTC Guidance Affirms Breach Notification Obligations for Health Apps and Connected Devices
California Attorney General Shows No Sign of Slowing CCPA Rulemaking with Fourth Set of Proposed Modifications
The California Attorney General’s Office recently released a fourth set of proposed regulatory modifications to the California Consumer Privacy Act (the “CCPA”).
As background, the Attorney General’s Office had only just recently given notice of a third set of modifications on October 12, 2020. The third set of modifications revised the regulations relating to the