Privacy & Information Security Law Blog

On March 27, 2024, the National Telecommunications and Information Administration (“NTIA”) issued its AI Accountability Report, and, on March 28, 2024, the White House announced the Office of Budget and Management’s (“OMB’s”) government-wide policy on AI risk management.

On March 6, 2023 the Centre for Information Policy Leadership (CIPL) at Hunton Andrews Kurth filed a response to the National Telecommunications and Information Administration’s request for comment on issues at the intersection of privacy, equity and civil rights.  

On November 22, 2022, the Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) announced that it filed comments with the Federal Trade Commission that call for new limits on how companies can collect and use personal information about consumers. The comments were filed in response to the FTC’s request for public comment on its Advanced Notice of Proposed Rulemaking on commercial surveillance and lax data security practices.

The Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP recently submitted formal comments to the U.S. Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) in response to its request for public comments on developing the administration’s approach to consumer privacy.

On November 9, 2018, the European Commission (“the Commission”) submitted comments to the U.S. Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) in response to its request for public comments on developing the administration’s approach to consumer privacy.

On September 26, 2018, the U.S. Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) announced that it is seeking public comments on a proposed approach to advancing consumer privacy. The approach is divided into two parts: (1) a set of desired user-centric privacy outcomes of organizational practices, including transparency, control, reasonable minimization (of data collection, storage length, use and sharing), security, access and correction, risk management and accountability; and (2) a set of high-level goals that describe the outlines of the ecosystem that should be created to provide those protections, including harmonizing the regulatory landscape, balancing legal clarity and the flexibility to innovate, ensuring comprehensive application, employing a risk and outcome-based approach, creating mechanisms for interoperability with international norms and frameworks, incentivizing privacy research, ensuring that the Federal Trade Commission has the resources and authority to enforce, and ensuring scalability.

On June 15, 2016, the U.S. Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) announced that its multistakeholder process to develop a code of conduct regarding the commercial use of facial recognition technology had concluded with the group reaching a consensus on a best practices document. As we previously reported, the NTIA announced the multistakeholder process in December 2013 in response to the White House’s February 2012 privacy framework, which directed the NTIA to oversee the development of codes of conduct that specify how the Consumer Privacy Bill of Rights applies in specific business contexts.

On May 19, 2016, the U.S. Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) announced that its multistakeholder process to develop best practices to address privacy, transparency and accountability issues related to private and commercial use of unmanned aircraft systems (“UAS”) had concluded with the group reaching a consensus on a best practices document. As we previously reported, the NTIA announced in March 2015 the multistakeholder process in response to a Presidential Memorandum issued by the White House in February 2015, which directed NTIA to facilitate discussion between private sector entities to develop standards for commercial UAS use.

As we previously reported, the Federal Aviation Administration’s (“FAA’s”) proposed “small drone rule” nears completion of the interagency review process, but one potential stumbling block has been removed, at least for now. On Tuesday, May 10, 2016, the U.S. Court of Appeals for the D.C. Circuit denied a request by the Electronic Privacy Information Center (“EPIC”) to review the FAA’s decision not to include privacy provisions in its Notice of Proposed Rulemaking for the Operation and Certification of Small Unmanned Aircraft Systems (“NPRM”), as well as its denial of an EPIC petition to the same effect. The court decided that there were no reasonable grounds for EPIC’s delay in filing for review of the FAA’s denial of EPIC’s 2012 petition that sought to cause the FAA to promulgate privacy regulations pertaining to drones. The court further concluded that EPIC’s challenge to the NPRM itself is premature, as the rule is not yet final.

On July 9, 2015, the National Telecommunications and Information Administration (“NTIA”) announced the launch of its first cybersecurity multistakeholder process, in which representatives from across the security and technology industries will meet in September to discuss vulnerability research disclosure.

Earlier this month, the Payment Card Industry Security Standards Council (“PCI SSC”) published a set of enhanced validation procedures designed to provide greater assurance that certain entities are maintaining compliance with the PCI Data Security Standard (“PCI DSS”) effectively and on a continuing basis. The payment card brands and acquirers will determine which organizations are required to undergo a compliance assessment with respect to these supplemental validation requirements, which are entitled the PCI DSS Designated Entities Supplemental Validation (“DESV”).

On June 16, 2015, the Consumer Federation of America announced in a joint statement with other privacy advocacy groups that they would no longer participate in the U.S. Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) multistakeholder process to develop a code of conduct regarding the commercial use of facial recognition technology. The letter was signed by the Center for Democracy & Technology, the Center for Digital Democracy, the Consumer Federation of America, Common Sense Media, the Electronic Frontier Foundation, the American Civil Liberties Union, Consumer Action, Consumer Watchdog and the Center on Privacy & Technology at Georgetown University Law Center. This decision comes after 16 months of meetings and negotiations. In its announcement, the group highlighted its inability to come to an agreement with industry groups on how the issue of consumer consent would be addressed in a code of conduct regarding the use of facial recognition technology. Specifically, the disagreement between consumer and industry groups revolved around the default rule for consumer consent (i.e., whether the default should be opt-in or opt-out consent).

On March 31, 2015, the Electronic Privacy Information Center (“EPIC”) filed a petition (the “Petition”) with the U.S. Court of Appeals for the District of Columbia Circuit accusing the Department of Transportation’s Federal Aviation Administration (“FAA”) of unlawfully failing to include privacy rules in the FAA’s proposed framework of regulations for unmanned aircraft systems (“UAS”), otherwise known as drones. The Petition stems from the FAA’s November 2014 denial of another EPIC petition calling for the FAA to address the threat of privacy and civil liberties associated with the deployment of aerial drones within the U.S.

On March 13, 2015, the U.S. Department of Commerce Internet Policy Task Force (“IPTF”) issued a request for public comment regarding cybersecurity issues affecting the digital economy. The IPTF’s request invites all stakeholders interested in cybersecurity to “identify substantive cybersecurity issues that affect the digital ecosystem and digital economic growth where broad consensus, coordinated action, and the development of best practices could substantially improve security for organizations and consumers.” For each issue identified, the IPTF’s request for comment asks interested parties to opine on a series of questions, including (1) why the issue is suited to a multistakeholder process and (2) why a multistakeholder process would benefit the digital ecosystem.

On March 4, 2015, the U.S. Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) announced a new multistakeholder process seeking comments on best practices concerning privacy, transparency and accountability issues related to the use of commercial and private unmanned aircraft systems (“UAS”), otherwise known as drones. The NTIA’s request was made in response to a Presidential Memorandum issued by the White House on February 15 which directed NTIA to facilitate discussion between private sector entities to develop standards for commercial UAS use.

On August 14, 2014, the Centre for Information Policy Leadership at Hunton & Williams (the “Centre”) submitted its response to the National Telecommunications and Information Administration’s (“NTIA’s”) request for public comment on big data and consumer privacy issues. The NTIA’s request, which follows the White House’s recent study of big data, the May 2014 Big Data Report, and the associated President’s Council of Advisors on Science and Technology Report, seeks further public input on how big data impacts the Consumer Privacy Bill of Rights, and whether the Consumer Privacy Bill of Rights should be modified to contemplate big data.

On December 3, 2013, Lawrence Strickling, Department of Commerce Assistant Secretary for Communications and Information, spoke at the American European Community Association Conference in Brussels on Data Protection: The Challenges and Opportunities for Individuals and Businesses. Strickling discussed the Obama Administration’s commitment to “preserving the dynamism and openness of the Internet, enhancing the free flow of information, and strengthening our Internet economy.” He addressed the issues surrounding U.S. surveillance operations and the European Commission’s recent report on Safe Harbor. Strickling also provided a progress report on improvements to consumer privacy protection since the White House released its Consumer Privacy Bill of Rights in February 2012, including an update on the National Telecommunications and Information Administration’s (“NTIA’s”) multistakeholder process to develop industry codes of conduct.

On December 3, 2013, the U.S. Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) announced a new multistakeholder process to develop a code of conduct regarding the commercial use of facial recognition technology. The first meeting is set for February 6, 2014 in Washington, D.C., and will provide stakeholders with background on the privacy issues associated with facial recognition technology, including how facial recognition technology currently is being used by businesses and how it may be used in the near future. The February meeting is open to all interested stakeholders and will be available for viewing via webcast. Additional meetings are planned for the spring and summer of 2014.

On February 1, 2013, the Federal Trade Commission issued a new report entitled Mobile Privacy Disclosures: Building Trust Through Transparency. The report makes recommendations “for the major participants in the mobile ecosystem as they work to improve mobile privacy disclosures,” offering specific recommendations for mobile platforms, app developers, advertising networks and other third parties operating in this space. The FTC’s report also makes mention of the Department of Commerce’s National Telecommunications and Information Administration’s efforts to engage in a multistakeholder process to develop an industry code of conduct for mobile apps.

On September 13, 2012, the PCI Security Standards Council (“PCI SSC”) issued new guidelines entitled “PCI Mobile Payment Acceptance Security Guidelines” (the “Guidelines”), which outline best practices for mobile payment acceptance security. As we reported in May, the PCI SSC Mobile Working Group published its “At a Glance: Mobile Payment Acceptance Security” fact sheet, detailing how merchants can more securely accept payments on mobile devices.

On July 12, 2012, the National Telecommunications and Information Administration (“NTIA”) of the U.S. Department of Commerce initiated a multistakeholder process to develop guidance for transparency in the mobile environment. The NTIA has announced that they will schedule a second meeting in August, and encouraged small group discussions in the interim. This is not the first multistakeholder process to wrestle with transparency in the mobile environment, and those previous efforts – which date back almost a decade – may prove useful to such discussions.

On July 12, 2012, the National Telecommunications and Information Administration (“NTIA”) of the U.S. Department of Commerce convened the first meeting of its multistakeholder process to develop industry codes of conduct. As we reported in June, the stated purpose for this meeting, entitled “Seeking Common Ground Regarding Mobile Application Transparency,” was to establish “a working dialogue that will eventually lead to a code of conduct that is broadly adopted.” Lawrence Strickling, Department of Commerce Assistant Secretary for Communications and Information, opened the session, which he characterized as an effort to highlight the key issues and explore topics to be addressed. Strickling emphasized that the structure and approach to the work would likely differ from that with which participants were familiar, and that it would be important to arrive at a constructive process that encourages collaboration and open engagement.

On June 15, 2012, the National Telecommunications and Information Administration (“NTIA”) announced that, in response to a substantial number of comments it received regarding mobile privacy issues, it will convene its first multistakeholder meeting on July 12 to begin the process of developing a code of conduct that promotes transparency in the mobile application context.

Drawing on its eleven years of experience facilitating multistakeholder processes, on April 2, 2012, the Centre for Information Policy Leadership at Hunton & Williams LLP filed comments in response to the Department of Commerce’s National Telecommunications and Information Administration’s request for public comments on the multistakeholder process to develop consumer data privacy codes of conduct. The NTIA’s request relates to the topics and processes that will inform the creation of binding codes of conduct as discussed in the Obama Administration’s February ...

On March 21, 2012, the U.S. Department of Commerce’s National Telecommunications and Information Administration announced a one-week extension to the deadline for responses to their March 2 request for public comments on the multistakeholder process to develop consumer data privacy codes of conduct. Comments are now due on Monday, April 2, 2012. The request for comments relates to both the topics and processes that will inform the creation of binding codes of conduct as discussed in the Obama Administration’s February release of a framework for a Consumer Privacy Bill of ...

On March 16, 2011, U.S. Department of Commerce Assistant Secretary for Communications and Information Lawrence Strickling called on Congress to enact robust, baseline legislation to “reform consumer data privacy in the Internet economy.” Speaking before the U.S. Senate Committee on Commerce, Science and Transportation, Assistant Secretary Strickling emphasized the Department of Commerce’s support for a legislative proposal that would adopt many of the recommendations of the “Green Paper,” a Department report authored last December.

On December 2, 2010, discussions about privacy continued at a hearing on “Do Not Track Legislation: Is Now the Right Time?” held by the U.S. House of Representatives Committee on Energy and Commerce, Subcommittee on Commerce, Trade and Consumer Protection.  The hearing focused on a variety of consumer privacy issues, including the implications and challenges of a Do Not Track mechanism, the consumer’s desire for more control over the collection and use of their data and tracking practices, and the need to preserve an advertising supported Internet that promotes economic growth through online business.