Posts in FTC Enforcement.
Vendors of personal health records will face new rules for data breach notifications, as clarified by the Federal Trade Commission's Final Rule. The amendments address the increased use of health-related technology and emphasize the importance of notifying individuals and the FTC in case of a breach. The rule expands on definitions, breach ...
On April 4, 2024, Kentucky became the 15th state to enact a comprehensive consumer data privacy law. The Kentucky Consumer Data Protection Act (“KCDPA”) will become effective on January 1, 2026. The KCDPA creates rights for Kentucky consumers and imposes requirements on certain businesses that collect consumer data ...
The FTC recently took enforcement action against an online e-commerce company and its CEO for failing to implement data security policies and procedures to protect the personal information of consumers. The FTC alleged that the company’s inadequate security measures and its website Privacy Policy regarding such measures constituted unfair ...

The Federal Trade Commission (FTC) Bureau of Consumer Protection released a study this month (March 2017) indicating that business entities could be doing more to stop malicious emails from hitting the inboxes of employees.  The goal behind many malicious emails is to trick individuals into turning over either their own confidential ...

The United States Court for the Eleventh Circuit granted LabMD's motion to stay enforcement of the FTC's Final Order, holding that there was no proof that LabMD’s failure in securing the privacy of the patient data at issue caused injury or harm or that it was “likely to cause” injury or harm

On July 29, 2016, the Federal Trade Commission (FTC) made the latest move in its battle with LabMD, Inc. (LabMD) when it reversed an initial decision by an administrative law judge (ALJ).  The FTC determined that LabMD’s data security practices constitute an unfair act or practice within the meaning of Section 5 of the Federal Trade Commission Act.  ...

On Friday, February 26, 2016, the Office of the National Coordinator (ONC) for Health Information Technology (HIT) announced via a blog post, that ONC will be updating the Model Privacy Notice (MPN) that, in 2011, ONC developed in concert with the Federal Trade Commission (FTC) for "personal health records" (PHRs), which was the emerging ...

Data privacy and security issues are bursting at the seams in ALL industry sectors due to the ability to connect to the internet through networks, apps and a multitude of devices that enable individuals and organizations to collect, transmit, store and use information in a multitude of ways.  Connecting to the internet poses privacy and security ...

On January 27, 2015, the Federal Trade Commission (FTC) released a staff report entitled “Internet of Things: Privacy & Security in a Connected World.” This report suggests steps businesses can take to protect consumers’ privacy and security as they use objects that connect and send data to the Internet.

The FTC Staff Report defines the ...

by Ann F. Triebsch

As observers of data security enforcement are aware, the Federal Trade Commission (FTC) determined on January 16, 2014, that even entities that are already subject to the privacy and security requirements of the Health Insurance Portability and Accountability Act (HIPAA) are also subject to FTC jurisdiction and ...

by Dan Soldato

Data breaches, particularly of consumer information and other private information, are becoming an increasing public concern and a headline in the daily news.  We regularly hear about incidents in which electronically stored customer information is lost by or stolen from businesses, including health care companies ...

Those who dwell in the world of health care privacy and security know well that the Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) is the federal agency that issues the regulations, provides guidance and ultimately enforces the complex requirements of the Health Insurance Portability and Accountability Act ...

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