On November 6, 2018, California voters will consider a ballot initiative called the California Consumer Privacy Act. The Act is designed to give California residents the right to request from businesses the categories of personal information the business has sold or disclosed to third parties, with some exceptions.
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On June 6, 2018, the Eleventh Circuit vacated a 2016 Federal Trade Commission order compelling LabMD to implement a “comprehensive information security program that is reasonably designed to protect the security, confidentiality, and integrity of personal information collected from or about consumers.” The Eleventh Circuit agreed with LabMD that the FTC order was unenforceable because it did not direct the company to stop any “unfair act or practice” within the meaning of Section 5a of the Federal Trade Commission Act.
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