Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies.
On January 9, 2024, the Federal Trade Commission (FTC or Commission) published...more
Looking back sometimes means looking forward. That is absolutely the case for new comprehensive data privacy statutes enacted in a number of U.S. states during 2023, including Indiana, Tennessee, Montana, Florida, Texas and...more
The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (the “CCPA”), is regarded as one of the strongest and most comprehensive privacy laws in the United States and in recent...more
10/16/2023
/ Abortion ,
California ,
California Consumer Privacy Act (CCPA) ,
Citizenship ,
Corporate Counsel ,
Data Brokers ,
Do Not Call List ,
Federal Trade Commission (FTC) ,
Immigration ,
Reproductive Healthcare Issues ,
Sensitive Personal Information
Several states have clarified or tightened their data breach notification statutes since we last updated the Mintz Matrix at the beginning of the year. Please click here for the latest edition of the Mintz Matrix, which is a...more
In a narrow 3-2 decision on July 26, the SEC adopted its final rule concerning cybersecurity risk management, strategy, governance, and incident disclosure (the “Final Rule”). Below we highlight some of the principal changes...more
8/2/2023
/ Compliance ,
Cybersecurity ,
Disclosure Requirements ,
Final Rules ,
Form 8-K ,
Incident Response Plans ,
Information Governance ,
National Security ,
Policies and Procedures ,
Public Safety ,
Publicly-Traded Companies ,
Reporting Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC)
Texas has joined the growing list of states enacting comprehensive consumer data privacy laws. On June 18, 2023, Governor Abbott (R) signed H.B.4, otherwise known as the Texas Data Privacy and Security Act (“TDPSA”). The...more
Florida has joined the growing list of states enacting comprehensive privacy laws. Governor Ron DeSantis (R) signed the Florida Digital Bill of Rights (“FDBR”) into law on June 6th. How does it compare?...more
6/12/2023
/ California Consumer Privacy Act (CCPA) ,
Compliance ,
Corporate Counsel ,
Data Privacy ,
FERPA ,
Financial Institutions ,
Fines ,
Florida ,
Governor DeSantis ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Penalties ,
Personal Data ,
Privacy Laws ,
Private Right of Action ,
Search Engines
Our May Madness series is getting you caught up on comprehensive privacy legislation passing state legislatures across the nation. In April, governors signed legislation in Tennessee and Indiana, and this month ahead of...more
The Volunteer State became the eighth state to enact a comprehensive data privacy law after Gov. Bill Lee (R) signed the Tennessee Information Protection Act (“TIPA”) into law yesterday, May 11.
Tennessee joins a growing...more
5/12/2023
/ California Consumer Privacy Act (CCPA) ,
Controlled Substances Act ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Fair Credit Reporting Act (FCRA) ,
Farm Credit Administration ,
Fines ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
NIST ,
Nonprofits ,
Opt-Outs ,
Penalties ,
Personal Information ,
Private Right of Action ,
State Privacy Laws ,
Tennessee
Indiana's New Law is on the Books -
Last month, three more state legislatures passed comprehensive data privacy laws. Just this week, Indiana’s governor signed one of them - the Indiana Consumer Data Privacy Act (“ICDPA’) -...more
5/4/2023
/ Cybersecurity ,
Data Privacy ,
Fair Credit Reporting Act (FCRA) ,
Fines ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Nonprofits ,
Penalties ,
Personal Data ,
Personal Information ,
Private Right of Action ,
Public Utility ,
State Privacy Laws
This month we are excited to feature AeroShield Materials, a manufacturer of super-insulating materials to decarbonize the world’s built environment. Last month AeroShield Materials announced the closing of its Seed funding...more
As data breaches dominate national headlines it remains important as ever for businesses to invest in security and to be ready to respond if a breach occurs. Part of your preparedness program should be staying current on data...more
Oregon’s legislature recently expanded the scope of statutory consumer protections by passing a bill to amend the state’s Unlawful Trade Practices Act (the “Act”). Recently, Oregon’s Governor Kate Brown signed H.B. 2090 into...more
Amid the flurry following former FBI Director James Comey’s firing last week, President Trump marked his 111th day in office on Thursday, May 11th by signing an executive order targeting national cybersecurity....more
After a quiet winter there has been significant activity in state legislatures to enact, strengthen or clarify their data breach notification statutes. The latest happenings are summarized below and we have updated our “Mintz...more
We are anxiously waiting to learn the fate of the data breach notification statute recently passed by state lawmakers in New Mexico. The bill remains on the desk of the governor who has until the end of the week to sign the...more
Wearable technology continues to do a full court press on the marketplace and in the process, the step counters of the world and health apps tied to devices capable of tracking real-time biostatistics, are revolutionizing the...more
The European Union’s General Data Protection Regulation (the “GDPR”) goes into effect in a little over fourteen months and from a quick glance at our bullet points analysis you can see there is a lot to consider. One crucial...more
In an effort to combat the growing prevalence of large-scale corporate cyberattacks, the New York Department of Financial Services (“NYDFS”) is rolling out a revamped cybersecurity regulation for financial services companies...more
During 2016, amendments to breach notification laws in five states went into effect (California, Nebraska, Oregon, Rhode Island and Tennessee). And by the end of last year, well over twenty states had introduced or were...more
With Inauguration Day upon us, it’s time for a #MLWashingtonCyberWatch update. President-elect Donald Trump has vocalized his support for the future of “cyber” throughout his campaign – but how will members of his cabinet...more
The U.S. Federal Trade Commission (“FTC”) has filed a lawsuit against device manufacturer D-link for allegedly deceiving the marketplace about the security of its products and, in turn, unfairly placing customer privacy at...more
Google’s recent changes to its privacy policy are coming under fire from a complaint filed late last year with the Federal Trade Commission (“FTC”) that accuses the company of downplaying “transformational change” in its...more
The Obama White House has grappled with cybersecurity more than any administration in history: China’s 2009 hack of Google, the 2015 Office of Personnel Management breach, and the recent investigation of Russian cyberattacks...more
The growing scale of cybersecurity concerns is prompting action from government leadership on the federal level. Before the Thanksgiving recess, the House’s Committee on Energy and Commerce got in on the act when two of its...more