Venable LLP is pleased to present the September 2014 issue of The Download

Welcome Back!

With Washington, DC emerging from its annual August recess, this issue recaps the summer's key privacy and data security developments in law and policy. For its part, Congress continued to examine data security issues while also beginning to explore the area of student privacy. Against the backdrop of a seminal Supreme Court case on law enforcement access to mobile phones, Congress also increased its focus on national security and government data collection.

The Administration and the agencies kept up the drumbeat on privacy issues. The FTC released new COPPA guidance, issued a report on mobile shopping apps, and announced a review of the Telemarketing Sales Rule. The White House hinted at a new regime for commercial drones, and NTIA continued its facial recognition multistakeholder process. The FDA released guidance on drug and medical device companies' use of Internet and social media platforms. It was also a busy season for state legislatures, as several states enacted new or updated breach notification laws, and one adopted a constitutional amendment on electronic privacy. In Europe, website operators brace for an impending enforcement sweep by data protection authorities.

This edition contains the following articles:

Heard on the Hill

  • House Committee Holds Hearing on FTC's Use of Section 5 Authority in Data Security Cases
  • Congress Considers Student Privacy; Department of Education Releases Guidance
  • National Security and Intelligence Gathering Efforts Move Ahead: NSA Surveillance Reform and Cyber Information Sharing

From the White House

  • NTIA Privacy Multistakeholder Processes: Commercial Drones and Facial Recognition Technology

Supreme Court Developments

  • Police Need Warrant to Search Arrestees' Mobile Phones (Riley v. Cal., June 25)

Around the Agencies

  • FDA Social Media Guidance
  • FTC Convenes September Workshop on Big Data
  • FTC Studies Mobile Shopping Apps
  • FTC Launches Review of Telemarketing Sales Rule
  • FTC Expands COPPA FAQs Related to Verifiable Parental Consent

In the States

  • Opposition to California Bill to Limit Capture of Personal Information During Online Credit Card Transactions
  • Four States Enact New Data Breach Notification Laws
  • Electronic Privacy Amendment Added to Missouri Constitution

International

  • Euro "Cookie Sweep" Initiative
  • UK Parliament Report Calls "Right to be Forgotten" Unworkable

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