The Federal Trade Commission (FTC) has entered into a settlement with a provider of management software for car dealerships that held personal information, including SSN’s and payroll information, in cleartext, holding its practices to be in violation of the FTC Act’s prohibition against unfair practices and GLBA’s Safeguards Rule, which requires financial institutions to develop,

Changes to the Safeguards Rule and the Privacy Rule applicable to financial institutions under the Gramm Leach Bliley Act are in the works.

The FTC is proposing changes to the Safeguards Rule to add more detailed requirements for what should be included in the comprehensive information security program mandated by the Rule. This will include:

On July 23, 2017, Washington State will become the third state (after Illinois and Texas) to statutorily restrict the collection, storage and use of biometric data for commercial purposes. The Washington legislature explained its goal in enacting Washington’s new biometrics law:

The legislature intends to require a business that collects and can attribute biometric data

More often than not companies are realizing that they have a consumer provide her information after she has previously opted-out of marketing. For example, a company collects contact information online, sends a consumer email marketing its services, and she opts-out of further email marketing by following the “opt-out” procedures in that email. Six months later the same consumer participates in a survey sponsored by the same company, the terms of which state that by participating in the survey the consumer consents to receive further marketing communications from the company. Is the company bound by the prior opt-out by the consumer, or does her participation in the survey under the rules permitting marketing override the original opt-out?
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