February 2018

Illegal robocalls are a “scourge.”  So says FCC Chairman Ajit Pai, and most consumers likely agree.  Both the FCC and the FTC (each of which has jurisdiction over some aspects of telemarketing regulation) are actively pursuing ways to curb illegal and fraudulent robocalls.  The FCC issued a report and order in November 2017 authorizing telecommunications providers to block certain types of calls considered “highly likely to be illegitimate.”  In late January 2018, the FTC responded with a staff letter expressing support for the FCC’s efforts and offering suggestions for addressing erroneously blocked calls. 

February 15, 2018, is quickly approaching and any entity subject to New York’s cybersecurity regulation (23 NYCRR Part 500) must file its first annual certification of compliance with the New York State Department of Financial Services (DFS) by that date. New York imposes cybersecurity requirements on all entities (covered entities) subject to the jurisdiction of the DFS, which include not only banks and insurers, but also any persons regulated by the DFS, including the newest DFS licensees, those engaged in virtual currency business activity.

Privacy compliance will become even more important for all companies in Australia now that the mandatory data breach notification scheme has been enacted.

From 22 February 2018, certain data breaches (known as “eligible data breaches”) will need to be notified to the Australian Privacy Commissioner and affected individuals.  Previously, notification of data breaches was optional.