On June 1, the FBI, the U.S. Department of State and the National Security Agency, together with the Republic of Korea’s (ROK) National Intelligence Service, National Police Agency and Ministry of Foreign Affairs, issued a joint advisory (the Joint Advisory)
Data Counsel
Commentary Addressing Risks and Opportunities Through the Lifecycle of Data, Technology, Advertising and Innovation
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Update on GLBA Safeguards Rule in Higher Education
On February 9, 2023, the Department of Education Office of Federal Student Aid (“FSA”) issued an electronic notice regarding the Federal Trade Commission’s Final Rule amending the Standards for Safeguarding Customer Information (“Safeguards Rule”) under the Gramm-Leach-Bliley Act (“GLBA”). The…
The Post-Cookie Digital Advertising Landscape: Planning for Privacy Compliance in Unsettled Terrain
Digital advertising exists in a complex ecosystem that the average person engages with daily. It encompasses a broad set of technologies for managing advertisements across channels including search, display, video, mobile, and social, with functions for targeting, design, bid management,…
2023 DSIR Report Deeper Dive: U.S. Employee Privacy Developments
Among the many developments in data privacy regulation that took place over the past year, new requirements relating to employee personal information in California and New York have deservedly received a lot of attention. Meanwhile, ongoing risks arising under older…
New York State Adds Health Care Geofencing Prohibition, Taking a More Measured Approach Than Washington’s Similar Ban
As part of the health budget bill signed by Governor Hochul in early May, New York has amended its General Business Law, introducing a prohibition on geofencing of health care facilities that goes into effect on July 2, 2023 –…
Deeper Dive into the Data
Every year, BakerHostetler collects and analyzes various metrics about the incident response matters we handle. In 2022, we handled over 1,160 incidents. The most striking trends we saw across those incidents were an overall increase in the average ransom demands…
FTC Issues Warning on Use of Biometric Information
On May 18, 2023, the Federal Trade Commission (FTC) issued a Policy Statement on Biometric Information and Section 5 of the FTC Act (Policy Statement). Section 5 of the FTC Act, 15 U.S.C. § 45, prohibits “unfair or deceptive practices…
2023 DSIR Report Deeper Dive: Privacy at the FTC – What Are the Hot Topics Almost Two Years Into the Khan Administration?
It has been almost two years since Lina Khan was designated the new Federal Trade Commission (FTC) chair, and it has been an eventful few years. One of the many questions being asked is “Where do things stand at the…
Privacy vs. Perks: Comparing the CCPA’s Notice of Financial Incentive and the Colorado Privacy Act’s Bona Fide Loyalty Program Rules
What is loyalty? Ask a mob boss, a Los Angeles Lakers fan and a Labrador retriever, and you might get three different answers. Ask a retailer, and they’ll likely tell you that a loyalty program can be a great tool…