Two decisions from last week have provided clarity – at least regarding which tribunal will first decide whether LabMD violated Section 5 – in the ongoing battle between the FTC and LabMD. In the first decision, the Eleventh Circuit refused to stay, pending appellate review, the FTC’s administrative action against LabMD. This decision came on […]
Data Security
California AG Kamala Harris Issues Privacy Policy Guidance: Making Your Privacy Practices Public Contains Draft Tips for Website and Online Service Privacy Policies
Today, California Attorney General Kamala Harris released her long-anticipated guidance on privacy policies for companies collecting information from California residents in a report entitled Making Your Privacy Practices Public (the “Report”). While the Report exceeds existing law in many respects, affected companies should take heed to review the report and be familiar with its contents as it […]
Special Assistant Attorney General Speaks On Privacy Issues At Alston & Bird’s Los Angeles Office
As part of the California Attorney General’s ongoing effort to educate the business community regarding privacy issues, Jeffrey Rabkin, Special Assistant Attorney General for Law and Technology, briefed business professionals, privacy officers, in-house and outside counsel on May 13, 2014, in Alston & Bird’s Los Angeles Office. Mr. Rabkin, who serves as Special Assistant […]
DOJ Issues White Paper on Cybersecurity Information Sharing Under the SCA
On Friday, May 9 the Department of Justice (DOJ) released a white paper stating that under its interpretation of the Stored Communications Act (SCA), 18 U.S.C. § 2701 et seq., communications companies are permitted to disclose “non-content information to the government” as long as that information is in its “aggregate form.” The lynchpin of the DOJ’s […]
LabMD Wins Discovery Disputes Against FTC; FTC Compelled to Disclose Data Security Standards
In the latest chapter of the ongoing battle between the FTC and LabMD, Inc. (“LabMD”) about the FTC’s claim that LabMD violated the FTC Act’s Section 5 bar on “unfair” acts or practices because of its allegedly inadequate data security practices, an administrative law judge overseeing the FTC’s administrative action against LabMD recently issued two […]