Jan. 8, 2025

How to Adjust to the FTC’s Crackdown on Sensitive Location Data

The FTC closed 2024 by creating protections around data that reveals people’s visits to sensitive locations. In December, it settled two cases and published blog posts advising companies to keep an updated list of sensitive locations to scrub from their personal data collections, and to avoid using precise geolocation data unless they verify that any data brokers, aggregators or apps supplying it obtained individuals’ explicit consent. This article delves into the takeaways from the December settlements and blog posts, including the key compliance steps that companies should consider taking, and discusses the points of dissent expressed in the cases to highlight possible enforcement priorities for the upcoming slate of FTC commissioners. See “FCC Forfeiture Orders Underline Need for Vigilance on Geolocation Sharing” (Jul. 17, 2024).

Website Privacy Compliance Statistics and Practical Takeaways

Roughly three-quarters of the most visited websites in the U.S. and U.K. fail to comply fully with the requirements of the California Privacy Rights Act, which amended the CCPA, or the GDPR, according to a recent report from privacy code scanning platform Privado. Privado tested whether websites honored users’ opt-in and opt-out requests with regard to cookies set by third-party advertisers or network requests from third parties to share personal data. Privado’s report delivers the results of its tests, and addresses key compliance issues and how websites can leverage technological solutions to assess and ensure adherence to applicable privacy requirements. This article discusses the key takeaways from the report. See “Practical Strategies for Effective Consent Management” (Sep. 25, 2024).

Loose Lips Sink Ships: Maintaining Confidentiality in Investigations

During World War II, the U.S. Office of War Information launched a poster campaign with the slogan “Loose lips sink ships,” urging Americans to avoid careless talk that could jeopardize the war effort. In the modern context, “loose lips” can sink entire investigations, careers and even companies. In this guest article, Ann Sultan, a member of Miller & Chevalier, and Ian Moolman, an ethics and business integrity manager at Emirates Global Aluminium, examine best practices for protecting investigations from leaks, factors that influence confidentiality measures and the role of emerging technologies. See “Navigating U.S. Privacy Laws in Internal Investigations” (Aug. 21, 2024).