Due to the complex regulatory framework governing the collection, use and sharing of personally identifiable information – and the potential for public relations disaster, as the above-referenced case illustrates – it makes good business and legal sense to craft a clear and conspicuous privacy policy that is tailored to the needs of your business, and that provides your website and mobile app visitors with the information that they require to make informed decisions about the provision of their personal data and how it is used.
Businesses that have not already become CCPA compliant should first focus their efforts on doing so. Getting CCPA compliant will help avoid becoming the subject of private rights of action and/or investigation by the California State Attorney General.
Data brokers (and any entity that collects and shares consumer information with third parties) should immediately review their data collection, usage, sharing, sale and broader privacy practices and seek to ensure compliance with the FTC’s report and additional guidance. Entities that fail to comply with the FTC’s guidance could find themselves facing regulatory action from the FTC itself, as well as numerous state attorneys general and other regulatory bodies.
Healthcare companies are clearly concerned about contacting consumers and/or patients via telecommunications devices and about what information would be considered non-telemarketing for purposes of TCPA liability. In this rapidly-changing regulatory climate, it is as imperative as ever to have telemarketing practices and procedures examined by experienced counsel.
Given the increased regulatory scrutiny, and expanded scope of COPPA, it is extremely important that website and mobile app operators determine if their offerings are subject to COPPA and, if so, how to ensure that their data collection and use practices are compliant with applicable state and federal law, not just COPPA. As such, it is highly recommended that you retain qualified legal counsel to ensure that your mobile app and/or website offerings, and associated privacy practices and policies, comply with the evolving regulatory landscape
The Federal Trade Commission (“FCC”) has recently announced that it is seeking comment on proposed amendments to two existing FTC regulations that aim to protect the privacy and security of customer information collected and stored by financial institutions. Specifically, the amendments would modify the “Safeguards Rule” and “Privacy Rule” under the Gramm-Leach-Bliley Act. If you are interested in learning more about this topic or require assistance in connection with consumer data privacy compliance for your business, please e-mail us at info@kleinmoynihan.com, or call us at (212) 246-0900