Daniel Kaufman

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2023 DSIR Report Deeper Dive: Privacy at the FTC – What Are the Hot Topics Almost Two Years Into the Khan Administration?

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in FTC
It has been almost two years since Lina Khan was designated the new Federal Trade Commission (FTC) chair, and it has been an eventful few years. One of the many questions being asked is “Where do things stand at the FTC on privacy?” Congress has yet to pass comprehensive privacy legislation, and the FTC continues … Continue Reading

With New Enforcement Action, FTC Warns Against Health Information Being Used for Advertising Purposes

Photo of Daniel KaufmanPhoto of Aleksandra VoldBy Daniel Kaufman and Aleksandra Vold on Posted in FTC
If the Federal Trade Commission’s (FTC) recent pursuits did not make clear the agency’s deep concerns about the use of health information for advertising purposes, a new enforcement action brought by the FTC against BetterHelp – to the tune of $7.8 million – should leave no uncertainty. Factual Allegations BetterHelp provides online counseling services and … Continue Reading

The Federal Trade Commission’s New Health Product Compliance Guidance

Photo of Randal M. ShaheenPhoto of Daniel KaufmanBy Randal M. Shaheen and Daniel Kaufman on Posted in Advertising
Join Randy Shaheen and Daniel Kaufman as they discuss the Federal Trade Commission’s new Health Products Compliance Guidance. During this webinar, they will share their insights about the new Guidance, highlight areas of particular importance for anyone involved in marketing or analyzing health claims, and explain how this new document differs from the agency’s two-decade-old … Continue Reading

Latest FTC Health Privacy Case Sheds Light on Agency Health Privacy Approaches

Photo of Aleksandra VoldPhoto of Daniel KaufmanBy Aleksandra Vold and Daniel Kaufman on Posted in FTC
Health privacy has been a Federal Trade Commission (FTC) priority for decades, and indeed, one of its very first privacy cases, in the early 2000s, involved the inadvertent sharing of user health data. Fast-forward a few decades, and health privacy remains a major concern. Case in point: The latest FTC privacy enforcement action focuses on … Continue Reading

Recent FTC Post Commits to Protecting Sensitive Health Data After White House Issues Related Executive Order

Photo of Aleksandra VoldPhoto of Daniel KaufmanBy Aleksandra Vold and Daniel Kaufman on Posted in FTC
On July 8, 2022, following the Supreme Court’s decision in Dobbs, the president signed an executive order that called on a number of federal agencies to take steps to protect reproductive rights. He specifically asked the Federal Trade Commission (FTC) to “consider taking steps to protect consumers’ privacy when seeking information about and provision of … Continue Reading

Why Everyone Is Talking About a Rarely Invoked Rule – the FTC’s Health Breach Notification Rule

Photo of Daniel KaufmanBy Daniel Kaufman on Posted in Advertising, Enforcement, FTC, HHS, HIPAA/HITECH, Privacy
Back in September, the Federal Trade Commission (FTC) issued (by a 3-2 vote) a policy statement (the Statement) regarding the oft-forgotten Health Breach Notification Rule (the Rule). I was at the FTC when the Statement was released and have since joined BakerHostetler. Around the time I joined BakerHostetler, my new colleague Melissa Hewitt published an … Continue Reading
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