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 […]
Enforcement
The EU Supervisory Authorities’ Coordinated Enforcement Action in the EU: This Year It’s All About DPOs
On March 15, 2023, the European Data Protection Board (“EDPB”) – the body through which the EU Member States’ Supervisory Authorities cooperate – along with 26 EU Supervisory Authorities officially launched a “coordinated enforcement action”, focusing on the designation of Data Protection Officers (“DPOs”) under the EU GDPR, and the position that DPOs hold in […]
Recent FTC Order Has Implications for Executive Liability and Corporate Data Minimization Practices
On October 24, 2022, the Federal Trade Commission (“FTC”) announced a proposed consent order against both Drizly LLC, an online marketplace for alcohol delivery, and its CEO over the company’s alleged security failures that led to a data breach in 2020, which exposed the personal information of approximately 2.5 million Drizly customers. Drizly and its […]
FTC Issues Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security
On August 22, 2022, the Federal Trade Commission (FTC) published its advance notice of proposed rulemaking (ANPR) to request public comment on commercial surveillance and data security practices. The ANPR comes at the same time as Congress is considering the federal American Data Privacy and Protection Act (ADPPA). The FTC seeks public comment on a […]
CPPA Board Opposes American Data Privacy and Protection Act
On July 28, 2022, the California Privacy Protection Agency Board held a special public meeting to discuss state law preemption in the American Data Privacy and Protection Act (ADPPA). ADPPA, as currently drafted, preempts much of the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). The Board moved to […]