Behind the Scenes

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Behind the Scenes

Privacy & Security - US & Abroad

Arent Fox is on the cutting edge of privacy laws and has experience assisting clients with all aspects of privacy and data security. For example, we routinely assist companies with the development of an internal security protocol that meets the requirements of the applicable state and federal laws. In this regard, our practice groups have helped companies comply with the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, the Gramm-Leach-Bliley Act (GLB), and the Children’s Online Privacy Protection Act (COPPA), as well as the Payment Card Industry Data Security Standard (PCI DSS) and related payment laws.

Our lawyers also routinely advise companies about online privacy, including providing advice on notification and consent, and when an opt-in is necessary, or merely suggested. In this capacity, we work with small and large businesses on their social media marketing to help them comply with all applicable rules, guidelines, and laws.

Finally, our team has notable experience with managing a reaction to a data breach, having been part of the response to one of the largest known data breach incidents. In this capacity, we assist with all aspects of the breach, including the consumer, regulator, and payment card industry notification procedures, and the compliance and protocol development after the incident.

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FTC Lends Support to Federal Geolocation Data Bill

What’s the News?

In testimony before the US Senate Judiciary Committee earlier this summer, the Federal Trade Commission (FTC) lent its support to federal legislation that would require businesses to obtain “affirmative express consent” from consumers before collecting geolocation data from mobile devices.

How the Cookie Crumbles: Cookie Enforcement Sweeps Begin in EU

What’s the News?

European Data Protection Authorities (DPAs) — the entities responsible for enforcing the European Union (EU) Data Directive and the EU Cookie Directive — are taking part in what is being referred to as “Cookie Sweep Day.” This “day” will actually last a week, beginning September 15, 2014 and ending on September 19, 2014.

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Walmart Argues Against Class Certification in Customer Data Collection Case

What Made News?

Walmart recently argued that the US District Court for the Eastern District of California should not grant class certification in a suit alleging that Walmart’s data collection practices violate California’s Song-Beverly Credit Card Act of 1971 (Song-Beverly Act).

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High Profile Data Breaches Spur Legislative Action on Cyber Security

What’s Making News?

After a spate of high-profile data security breaches, many legislators, businesses, and consumers are asking what can be done to prevent such security lapses and who should be held responsible. The increased attention to data security has led to a flurry of recent activity in state legislatures and in Washington.

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Victory for FTC in Dispute Over Its Data Security Authority

What Made News?

The Federal Trade Commission (FTC) recently won a significant victory in federal court in its ongoing efforts to hold businesses accountable for their data security practices. The United States District Court for the District of New Jersey rejected a challenge to the FTC’s authority over data security, allowing the FTC to continue with its action in court against the Wyndham Worldwide Corporation (Wyndham) for its data security failures.

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Judge Orders FTC to Disclose Data Security Standards

What Made News?

The Federal Trade Commission’s (FTC) chief administrative law judge ruled recently that the agency must disclose the internal standards it uses to determine whether a company maintains adequate data security. The ruling is part of ongoing litigation between the FTC and a company called LabMD, which, according to the FTC, failed to maintain proper security for consumer data. The ruling could make it easier for companies that collect and manage consumer data to audit their data security practices and ensure compliance with FTC standards.

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Urban Outfitters Faces Another Lawsuit for Collecting Customer ZIP Codes

What Made News?

Urban Outfitters is facing yet another putative class action lawsuit over its practice of collecting customers’ ZIP codes in connection with credit card purchases at its retail locations. Last June, Urban Outfitters faced a similar suit regarding this practice in its Urban Outfitters and Anthropologie stores. This time, Free People, an Urban Outfitters subsidiary, is the subject of the suit.

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FTC Approves New COPPA Safe Harbor Program

The Federal Trade Commission (FTC) has recently approved the kidSAFE Seal Program’s kidSAFE+ seal as a safe harbor program through which companies can demonstrate compliance with the Children’s Online Privacy Protection Act (COPPA) Rule.

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Youthful Indiscretions? California Offers Minors a Clean Slate

Already one of the strictest states in the country when it comes to protecting online privacy, California recently passed another law that may require website operators to change their privacy policies. The new law would essentially be an insurance policy against youthful bad judgment, allowing minors to erase those embarrassing public comments or internet posts that could make for awkward conversation with a future admissions officer or employer.

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ABOUT ARENT FOX LLP

Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.