Hello, my name is Christopher Smith and welcome to the Privacy Enforcement Podcast! I will discuss major data privacy enforcement cases brought by government agencies. My goal is to provide a summary of the facts, violations and penalties for each enforcement action. Occasionally I might give my personal opinion about whether I agree with the compliant. Hopefully each episode will be more joyful than reading each case. I hope you enjoy! Christopher Smith, JD FIP, CIPP/E, CIPP/US, CIPM
FTC v. Marriott (2024)
In this episode, I dive into the FTC's enforcement action against Marriott, issued on October 9, 2024. (Link to case)
Below are my key takeaways from this enforcement action:
Due Diligence for Mergers: Ensure thorough due diligence on data security when acquiring a new company.
Implement Reasonable Data Security Policies: Companies should adopt security measures addressing common vulnerabilities across their assets.
Start with a security framework or hire a third-party assessor if budget allows to evaluate internal systems for vulnerabilities.
Flag systems storing sensitive information to enforce and maintain robust security protocols.
Accurate Privacy Policy Representation: Make sure your privacy policy aligns with actual security practices.
Avoid using absolute terms like “industry standard” or “the best.”
Instead, provide a realistic overview of security practices without overpromising.
Di 12.11.2024
20 : 56 min
FTC v. Verkada (2024)
In this episode, I discuss the FTC's enforcement action against Verkada, announced on August 30, 2024. The FTC charged Verkada with violations of Section 5(a) and the CAN-SPAM Act. Key takeaways from this case include:
Businesses are required to include their postal address in commercial emails.
Employees and investors must disclose their affiliations when posting reviews about the company's products and services.
Companies should promptly address vulnerabilities identified by third-party security assessors.
For any questions about this enforcement action, feel free to email me at [email protected].
Link to Case
Di 17.09.2024
22 : 59 min
Privacy Bolo: Third-Party Vendor "Terms of Service"
In this episode, we'll discuss why companies should be on the lookout when agreeing to third-party vendor’s Terms of Service agreements.
**Opinions expressed in this episode are my own and do not express the views of others**
Mo 24.06.2024
13 : 10 min
Privacy Bolo: Custom Event Data
In this episode, I’m going to discuss how companies how companies’ attempt to retain their customer and obtain new customers could indirectly result in disclosing their customers’ sensitive information to third parties.
For this episode, I’m going to reference the recent the FTC complaint filed in federal court against Monument.
Sa 08.06.2024
14 : 55 min
Introducing the Privacy Bolo Series!
Today, I have the pleasure of introducing you to a brand new video series I’m creating called "BOLO" – that's right, "Be on the Lookout!"
In this series, I will identify key activities that companies need to monitor closely, as they are attracting the attention of privacy regulators. These activities include, labeling Custom Events may lead to disclosing sensitive data to third parties to instances of companies not enforcing contract provisions when sharing personal data with third parties. With each episode, I’ll draw upon real-world cases in order to provide concrete enforcement examples that highlight each activity.
Sa 08.06.2024
1 : 19 min
FTC v. Easy Health Care (2023)
In this episode, I discuss the 2023 FTC District Court complaint issued against Easy Healthcare.
Topics discussed in this episode:
1. The risk of mistakenly sharing sensitive health data with AppsFlyer and Google Analytics with "App Custom Events."
2. The risk of collecting and sharing "Non-Resettable Identifiers."
3. Compliance with the "Health Breach Notification Rule."
Link to FTC enforcement action: https://www.ftc.gov/legal-library/browse/cases-proceedings/202-3186-easy-healthcare-corporation-us-v
Mo 28.08.2023
61 : 32 min
FTC Enforcement - FTC v. Amazon Alexa (2023)
In this episode, I discuss the 2023 FTC District Court complaint issued against Amazon in regards to their Alexa products.
Key Takeaways from this complaint are:
1. Companies are not allowed to store users' personal data indefinitely for purposes of product development.
2. Companies that collect personal data from users under 13 must comply with the Children Online Privacy Protection Act "COPPA."
Mo 17.07.2023
77 : 25 min
FTC Enforcement - FTC v. Ring (2023)
In this episode, I discuss the 2023 FTC District Court complaint issued against Ring, LLC.
Key Takeaways from this complaint are:
1. Companies' data security practices must align with their statements made to the public regarding the "quality" of their data security.
2. There are severe consequences when companies provide their employees and contractors access to all consumer sensitive data.
3. A settlement with the FTC could result in deleting of data that was improperly obtained.
Link to the complaint: https://www.ftc.gov/legal-library/browse/cases-proceedings/2023113-ring-llc
Sa 01.07.2023
31 : 15 min
FTC Enforcement - In the Matter of Cafe Press (2022)
In this episode, I discuss the 2022 FTC compliant issued to Cafe Press.
Key takeaways from this compliant are:
- Companies’ privacy practices must align with their Privacy Notice.
- When applicable, report data breaches to the appropriate parties (i.e., government agencies and consumers)
- Companies should implement a data security framework (i.e., NIST or ISO)
Link to the complaint: https://www.ftc.gov/legal-library/browse/cases-proceedings/1923209-cafepress-matter
Mi 07.06.2023
29 : 28 min
Introduction
Welcome to The Privacy Enforcement Podcast! In this episode, I provide a brief introduction of myself and my goal with this podcast. I hope you enjoy!
So 04.06.2023
4 : 20 min
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