Antitrust Law Daily Wrap Up, PRIVACY NEWS: Companies settle FTC charges they falsely claimed compliance with International Safe Harbor Framework, (Aug 17, 2015)
Organizations Mentioned:California Skate-Line | Contract Logix, LLC | Dale Jarrett Racing Adventure | Dale Jarrett Racing Adventure, Inc. | Forensics Consulting Solutions | Golf Connect, LLC | IOActive, Inc. | Inbox Group, LLC | Jubilant Clinsys | Just Bagels Mfg., Inc | NAICS Association, LLC | One Industries, Corp. | Pinger, Inc, | SteriMed Medical Waste Solutions
By Michael Menzhuber, J.D., LL.M.
Thirteen companies agreed to settle FTC charges that they misled consumers by falsely claiming that they were certified members of the U.S.-E.U. or U.S.-Swiss Safe Harbor Framework, the agency announced today. Seven of the companies claimed a current certification in one or both safe harbor programs when their certifications had actually not been renewed. The other six companies never actually applied for membership in the programs.
To participate in the U.S.-E.U. or U.S.-Swiss Safe Harbor Frameworks, a company must self-certify annually to the Department of Commerce that it complies with the seven privacy principles required to meet the European Union’s adequacy standard: notice, choice, onward transfer, security, data integrity, access, and enforcement. A participant may also highlight for consumers its compliance with the Safe Harbor by displaying the Safe Harbor certification mark on its website.
The following seven companies claimed a current certification when their certification had actually not been renewed:
Golf Connect, LLC
Pinger, Inc.
NAICS Association, LLC
Jubilant Clinsys, Inc.
IOActive, Inc.
Contract Logix, LLC
Forensics Consulting Solutions, LLC
The following six companies never actually applied for membership in the programs:
Dale Jarrett Racing Adventure
SteriMed Medical Waste Solutions
California Skate-Line
Just Bagels Mfg., Inc.
One Industries Corp.
Inbox Group, LLC
Under the proposed settlement agreements, the companies are prohibited from misrepresenting the extent to which they participate in any privacy or data security program sponsored by the government or any other self-regulatory or standard-setting organization.
The Commission votes to issue the administrative complaints and accept the proposed consent agreements were 5-0. A description of the consent agreement packages will appear in the Federal Register shortly. The agreements will be subject to public comment through Sept. 16, 2015. Interested parties can submit comments electronically.
Companies: California Skate-Line; Contract Logix, LLC; Dale Jarrett Racing Adventure; Forensics Consulting Solutions; Golf Connect, LLC; Inbox Group, LLC; IOActive, Inc.; Jubilant Clinsys; Just Bagels Mfg., Inc; NAICS Association, LLC; One Industries, Corp.; Pinger, Inc,; SteriMed Medical Waste Solutions
News: Privacy ConsumerProtection FederalTradeCommissionNews