Privacy Plus+ News
Stay informed with our latest insights on privacy and technology trends, along with key updates from our firm.
Health Privacy vs. Generative AI
This week, let’s consider the risks associated with the use of generative AI in healthcare settings, and explore ways to mitigate them, including the use of privacy-enhancing technologies.
FTC Focuses on Vendors and Secure Software Development: Settlement with Global Tel*Link Corp.
This week, let’s consider the Federal Trade Commission’s recent settlement with Global Tel*Link Corp. and two of its subsidiaries—all were providers of products and services to “more than 85% of the U.S. inmate population” and were faulted, in part, for failing to observe secure software development practices.
AI Legal Ethics: Guidance from California and Florida, and a Proposed Rule from the Fifth Circuit
This week, let’s consider recent guidance and proposed rules from California, Florida, and the 5th Circuit Court of Appeals, all addressing the ethical and practical implications of the use of artificial intelligence by lawyers.
Blackbaud's FTC Deal: Delete Data, Amp Up Security
This week, let’s take a look at the Federal Trade Commission’s recent settlement with Blackbaud Inc, a service provider of software and services for more than 45,000 companies, and consider it as guidance on reasonable security measures and data retention practices.
How do you “Own” Data?
This week, let’s consider what “owning data” actually means — hint: It’s not what you may think.
Navigating the New Reality of AI in Political Advertising
This week, let’s focus on Meta’s latest announcement about the use of Artificial Intelligence (“AI”) in online political advertising, paralleling the recent executive order on AI.
FTC Boldly Moves into a New Era of Data Minimization and Retention
This week, let’s look at how the Federal Trade Commission has placed its focus on data minimization and retention, and consider whether this could be an inflection point in data privacy regulation.
SEC Seeks Disgorgement from Virtu for Misleading Statements on Customer Data Protection
This week, let’s highlight the SEC’s recent civil action against Virtu Americas and its parent company, Virtu Financial, seeking disgorgement for misleading statements about data protection.
A Closer Look at the INFORM Consumers Act: Tackling Online Fraud in 2023
This week, let’s consider the new “Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act,” which requires “online marketplaces” used by high-volume, third-party sellers to collect, verify, and disclose information about their sellers.
Ed Tech Privacy and Security Alert: FTC Obtains a New Consent Order against Edmodo
This week, let’s look at the latest consent order secured by the FTC against Ed Tech provider Edmodo for its collection and use of children’s personal information. Companies in the Ed Tech sector, and vigilant parents and educators should pay close attention.
“Data Provenance”: Navigating Ownership, Authenticity, and Rights in the Digital Age
This week, let’s examine “Data Provenance,” a concept that involves tracing the lineage of data — its origins, transformations, and ownership. We’ll also propose a new specialized application for “Data Provenance:” regulating the privacy of personal data.
E.U. and U.S. Have Agreed to A New Data Privacy Framework - What’s Old is New Again
This week, let’s look at the new self-certification procedure in the Data Privacy Framework facilitating the transfer of personal data from the European Union to the United States.
Top 5 Questions for Directors Re: Cyber Governance
This week, let’s focus on effective cyber governance by the board of directors, and propose some questions that every director should ask to protect themselves and their organizations from cyber risk and personal liability.
Top 5 Questions Every CISO Should Ask
This week, let’s consider some questions that every Chief Information Security Officer should ask to protect themselves and their organizations from cyber risk and personal liability.
US Intelligence Community Is Buying “Commercially Available” Surveillance Data – What are the Implications?
This week, let’s consider a recently-declassified report issued by the Office of the Director of National Intelligence on the Intelligence Community’s purchase and use of sensitive “Commercially Available Information.”
Janus - Use of Facial Recognition Expanded by the TSA
This week, let’s consider the Janus-faced tension between privacy and security as the TSA expands its use of facial recognition technologies in airports (while keeping its privacy policy far from a model of completeness).
When Atlas Shrugs – FTC Faults Amazon for Alexa and Ring
This week, let’s highlight the latest privacy enforcement actions by the Federal Trade Commission — two cases against Amazon; and also discuss the developing trend of holding company executives directly responsible for data protection.
Royal Ransomware Strikes Dallas – What Can be Learned?
When a library website goes down, it should not also disable police services. Let’s reflect on what we can learned from the Royal ransomware attack on the City of Dallas.
A New Trade-Secret Protection Act
This week, let’s consider the new “Protecting American Intellectual Property Act of 2022,” signed into law in January.
SEC Proposes New Rule on Safeguarding Client Assets
This week, let’s consider the SEC’s release of a Proposed Rule regarding Safeguarding Advisory Client Assets, which specifically addresses a standard of care for security and cybersecurity related to custodial crypto assets.