A Legal Guide to PRIVACY AND DATA SECURITY 2024

Commercial email. The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) The online collection, use, and disclosure of information from children. The Children’s Online Privacy Protection Act (COPPA) Other key federal laws that are discussed in this section of the Guide include the Telemarketing and Consumer Fraud and Abuse Prevention Act, Deceptive Mail Prevention and Enforcement Act, Junk Fax Prevention Act, the Electronic Communications Privacy Act (ECPA), Computer Fraud and Abuse Act (CFAA), Driver’s Privacy Protection Act, (DPPA), Video Privacy Protection Act (VPPA), and other “safeguard” regulations imposed by the Federal Trade Commission Act as necessary to regulate unfair and deceptive trade practices. At the end of this section we have listed some other federal laws that govern privacy rights but that may be more focused on government obligations and not the private sector. The absence of a single comprehensive federal data privacy and security law in the United States forces a business to become familiar with a variety of federal and state laws that may impact their operations.

Use and Disclosure of Financial Information Gramm-Leach-Bliley Act (GLBA)

Among other things, the Gramm-Leach-Bliley Act (GLBA) regulates the collection, use, protection, and disclosure of nonpublic personal information by financial institutions. With respect to banks and credit unions, the Consumer Financial Protection Bureau (CFPB), the Office of the Comptroller of Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), and the National Credit Union Administration (NCUA) are the primary regulators and enforcers of the GLBA. The Federal Trade Commission (FTC) is the primary enforcer of the GLBA for all financial institutions other than those banking entities.

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