On February 25, California’s Attorney General Xavier Becerra and Senator Hannah-Beth Jackson introduced new legislation to amend the California Consumer Privacy Act (CCPA). The CCPA as currently enacted establishes a private right of action for consumers impacted by cyber security breaches. The amendment, known as SB-561, would expand the private right of action to cover any violation of […]
Enforcement
FTC Publishes Report Regarding Privacy Workshop
In October 2018, the Federal Trade Commission (“FTC”) published a report that summarized discussions at a December 2017 workshop discussing the potential impact to consumers of privacy and security incidents. The purpose of the workshop was to explore whether government intervention in this arena is warranted under the enforcement authority granted to the FTC under […]
SEC Brings First Enforcement Action for Violation of the Identity Theft Red Flags Rule
On September 26, 2018, the SEC brought its first ever enforcement action for violations of Regulation S-ID (the “Identity Theft Red Flags Rule”), 17 C.F.R. § 248.201, in addition to violations of Regulation S-P, 17 C.F.R. 30(a) (the “Safeguards Rule”). Regulation S-ID and Regulation S-P apply to SEC-registered broker-dealers, investment companies, and investment advisers, and […]
Alston & Bird Hosts Sept. 12 Webinar on California Consumer Privacy Act
Save the date! On Sept. 12, 1 – 2 PM ET, Alston & Bird will host a webinar to analyze the new California Consumer Privacy Act. (You can read our prior advisory.) The California Consumer Privacy Act has been compared to the European Union’s General Data Protection Regulation due to its creation of important new privacy […]
LabMD: The End of the FTC in Cyber or Just a New Path?
The U.S. Court of Appeals for the Eleventh Circuit recently issued its opinion in LabMD, Inc. v. FTC, No. 16-16270 (11th Cir. June 6, 2018), declaring unenforceable a Federal Trade Commission (FTC) order requiring LabMD to implement an extensive cybersecurity plan. The case is noteworthy for its lengthy procedural background—during which time LabMD became defunct—and its holding, which […]