Alston & Bird Privacy, Cyber & Data Strategy Blog

Kathleen Benway

About Kathleen Benway

Kathleen Benway is a partner with Alston & Bird’s Litigation & Trial Practice Group. She concentrates her practice on government investigations and corporate compliance related to consumer protection issues, including privacy, security, advertising, and marketing. She is a former chief of staff at the FTC’s Bureau of Consumer Protection.

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Update: FTC Amendments to the Safeguards Rule and Request for Comment on Proposed Reporting Requirement Published to the Federal Register

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As an update to prior coverage of the FTC’s final revisions to the Gramm-Leach-Bliley Safeguards Rule (Final Rule), following its publication in the Federal Register on December 9, 2021, the Final Rule now will take effect on January 8, 2022, 30 days after publication in the Federal Register. Revisions to the Final Rule include an […]

FTC Revises the Safeguards Rule and Proposes Mandatory Reporting of Cybersecurity Events

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On October 27, 2021, the FTC released its much-anticipated final revisions to the Gramm-Leach-Bliley Safeguards Rule (Safeguards Rule or Final Rule), following a 3-2 vote along party lines and also released a notice of proposed rulemaking that would  require reporting to the FTC of certain cybersecurity events. Revisions to the Safeguards Rule Effective since 2003, […]

The FTC Expands its FCRA Enforcement Activity In Action Against Retailer

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Most businesses are already familiar with the Fair Credit Reporting Act (“FCRA”) and the various requirements to protect the fairness, accuracy, and privacy of consumer credit information.  However, a recent FTC enforcement action against the retailer Kohl’s Department Store, Inc. (“Kohl’s”) has brought a rarely used provision of the statute to light.   This provision—codified […]

High Profile Settlements, Strengthened Data Security Orders, and COPPA: The FTC’s 2019 Privacy and Data Security Update

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Each year the Federal Trade Commission (the “FTC” or “Commission”) publishes a report on its activities with respect to consumer privacy and data security during the prior year.  On February 25, 2020, the Commission released its 2019 Privacy and Data Security Update. The update contains a summary of the FTC’s enforcement, advocacy, and rulemaking actions […]

FTC Consumer Protection Bureau Director Highlights Efforts to Strengthen Data Security Orders

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On January 6, 2020, the Federal Trade Commission’s (FTC) Bureau of Consumer Protection Director Andrew Smith published a blog post summarizing the agency’s “New and improved FTC data security orders,” as part of its efforts to provide “better guidance for companies” and “better protection for consumers.” Smith noted that strengthening the FTC’s orders in data […]