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Kathleen Benway

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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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FTC Launches Investigation into Creator of ChatGPT

July 25, 2023 By Kim Peretti, Kathleen Benway, Daniel Felz and Kristen Bartolotta

In mid-July, the Federal Trade Commission (FTC) reportedly opened an investigation into OpenAI, the maker of ChatGPT, sending the company an extensive Civil Investigative Demand (CID). While FTC investigations are normally non-public, the Washington Post published what appears to be part of the CID sent from the FTC to OpenAI. This investigation comes on the […]

Filed Under: Artificial Intelligence, Cybersecurity, Data Protection, Data Security, Enforcement, FTC, Privacy, Uncategorized Tagged With: Artificial Intelligence, Civil Investigative Demand, Federal Trade Commission (FTC), Privacy

FTC Seeks Comments on a New Verifiable Parental Consent Mechanism Under COPPA

July 24, 2023 By Kathleen Benway, Maki DePalo and Hyun Jai Oh

On July 19, 2023, the Federal Trade Commission (the “FTC”) announced that it is seeking comment on an application for a new verifiable parental consent mechanism under the Children’s Online Privacy Protection Act (“COPPA”). The application, submitted jointly by the Entertainment Software Rating Board, Yoti, and SuperAwesome (collectively, the “Applicants”), requests the FTC to approve […]

Filed Under: Children's Privacy, FTC, Online Privacy, Privacy, Regulation Tagged With: Children's Online Privacy Protection Act (COPPA), Federal Trade Commission (FTC)

HHS and FTC Fire a Warning Shot at Healthcare Companies Using Online Tracking Technologies

July 20, 2023 By Sara Guercio, Kathleen Benway and Daniel Felz

On July 20, 2023, the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”), and the Federal Trade Commission (“FTC”) published a joint letter sent to approximately 130 hospital systems and telehealth providers. The FTC/OCR letter warns that certain online tracking technologies that “may be present” on the recipients’ […]

Filed Under: Data Protection, FTC, Health Privacy, HHS, Online Privacy, Privacy

FTC Delays Effective Date of Certain Changes to the Safeguard Rule

November 17, 2022 By Kathleen Benway and Hyun Jai Oh

On November 15, 2022, the Federal Trade Commission (FTC) announced that it is delaying the effective date of certain changes to the Gramm–Leach–Bliley Safeguards Rule. The Safeguards Rule, which first became operative in 2003, imposes certain security requirements on non-banking financial institutions. The FTC amended the Rule in December 2021, and several provisions under the […]

Filed Under: Cybersecurity, Data Protection, FTC, Uncategorized Tagged With: Data Protection, Federal Trade Commission (FTC)

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

December 15, 2021 By Kim Peretti, Kathleen Benway, Kate Hanniford and Kristen Bartolotta

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 […]

Filed Under: Cyber Risk, Cybersecurity, Data Security, Enforcement

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