On March 18, the Federal Communications Commission (“FCC”) approved the Final Report on cybersecurity risk management and best practices issued by Working Group 4 (“WG4”) of its Communications, Security, Reliability, and Interoperability Council (“CSRIC”). The CSRIC, currently in its fourth assembly, is an advisory committee tasked with providing recommendations to the FCC to achieve “among […]
Privacy & Cyber Regulatory Enforcement
FTC Finalizes Order With TRUSTe On Privacy Seal Program
The Federal Trade Commission (FTC) has issued its final decision and order arising from its previously-disclosed settlement with TRUSTe stemming from the FTC’s complaint alleging that TRUSTe failed to conduct promised annual recertification of companies participating in its privacy seal program more than 1,000 times between 2006 and 2013. The complaint also alleged that TRUSTe […]
California Health Care Facility Breach Statute Updated: Changes Effective Now
As a result of recent breaches – including breaches of health information and information held by health insurers – a great deal of attention has recently been focused on state data breach notification requirements. Most States have general data breach notification requirements that apply to all data breaches, including those involving health information. A few […]
Montana Broadens Data Breach Notification Law
Montana has amended the state’s data breach notification law to both broaden the definition of “personal information” that triggers individual notice and to require notice to the state’s attorney general. The changes become effective on October 1, 2015. Montana has joined several other states, including California and Florida, that include medical-related information in the definition […]
Third Circuit Questions FTC’s Data Security Authority
On March 3, 2015, the Third Circuit heard oral argument in FTC v. Wyndham Worldwide Corp., et al. (“Wyndham”) on the issue of whether the FTC has the authority to regulate private companies’ data security under Section 5 of the FTC Act. This appeal arises out of the District Court’s holding that the unfairness prong […]