2023 is shaping up to be a landmark year for data privacy, on both sides of the Atlantic. In the US, four new state laws go into effect – two on July 1 – while California is expanding its already robust requirements, and...more
7/18/2023
/ Artificial Intelligence ,
Biometric Information ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Compliance ,
Corporate Counsel ,
Data Mapping ,
Data Privacy ,
EU-US Privacy Shield ,
General Data Protection Regulation (GDPR) ,
Geolocation ,
Information Reports ,
International Data Transfers ,
Privacy Framework ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Oversight ,
State Privacy Laws ,
Strategic Planning ,
Surveys ,
UK ,
UK Data Protection Act
If you are not paying for a service on the Internet, you are the product being sold to paying customers. But if you are paying for the service, can you be the product too? Of course....more
4/22/2022
/ Amazon ,
Credit Karma ,
Data Collection ,
Data-Sharing ,
E-Commerce ,
Facebook ,
Federal Trade Commission (FTC) ,
Google ,
H&R Block ,
Internet ,
Internet Marketing ,
Personal Data ,
Privacy Laws ,
Subscription Services ,
TurboTax
In the past 5 years businesses felt the increasingly intricate data management rules (GDPR, CCPA, BIPA) pressed against an explosion in hacking and ransomware. Companies experience pressure from legislators, regulators,...more
3/15/2022
/ Biometric Information ,
Continuing Legal Education ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Use Policies ,
Geolocation ,
Hackers ,
New Legislation ,
Privacy Laws ,
Ransomware ,
State Privacy Laws ,
Webinars
US policy makers struggle with the tension between protecting personal privacy and enabling law enforcement surveillance. We know that both are important, but at a certain point, prioritizing one priority shortchanges the...more
2/4/2022
/ Analytics ,
Biometric Information ,
EU ,
European Data Protection Board (EDPB) ,
Europol ,
Facial Recognition Technology ,
Law Enforcement ,
Personal Data ,
Privacy Concerns ,
Privacy Laws ,
Regulatory Agenda ,
State Privacy Laws ,
Surveillance
Companies collecting consumer DNA for non-medical purposes seem to be playing fast and loose with their customers’ data, according to a well-regarded consumer watchdog. This category of private money makers, which could...more
1/19/2022
/ Consent ,
Consumer Privacy Rights ,
Consumer Reports ,
Data Collection ,
Data-Sharing ,
DNA ,
Genetic Materials ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
Prior Express Consent ,
Privacy Laws ,
Third-Party Service Provider
Why don’t our new privacy laws really protect our privacy? Are we going about this the wrong way?
The topic was raised in the recent Capital Forum of state and federal enforcement agencies by FTC Chair Lena Kahn, who...more
12/15/2021
/ Analytics ,
Artificial Intelligence ,
Big Tech ,
Data Privacy ,
Data Protection ,
EU ,
Federal Trade Commission (FTC) ,
Mobile Devices ,
Notice and Comment ,
Personal Data ,
Personal Information ,
Privacy Laws ,
Regulatory Oversight ,
Sensitive Personal Information ,
Smart Devices ,
Surveillance
Private citizens have a right to remove significant falsehoods from the public record. The law of defamation clearly allows for retractions and damage payments if provable lies are published....more
8/25/2021
/ Damages ,
Defamation ,
EU ,
False Statements ,
First Amendment ,
Google ,
Objective Falsity ,
Personal Information ,
Photographs ,
Pornography ,
Privacy Laws ,
Public Figures ,
Right to Delete
AI is hungry for data.
Training and testing the machine-learning tools to perform desired tasks consumes huge lakes of data. More data often means better AI....more
Is more information always better?
If someone wants to limit the use of information, and others want to expose, discuss or publicize it, who wins?...more
7/13/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Data Collection ,
Data Deletion ,
Defamation Act ,
EU ,
FOIA ,
Google ,
Privacy Laws ,
Right to Be Forgotten ,
State Privacy Laws ,
Sunshine Laws
Stephanie Lambert, Chief Compliance Counsel with NetScout Systems, Inc., and Womble Bond Dickinson partner and veteran cyber attorney Ted Claypoole talk with host and business litigator, Mark Henriques, about the current...more
3/22/2021
/ Antitrust Provisions ,
Chief Compliance Officers ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Storage ,
Information Governance ,
International Data Transfers ,
Privacy Laws ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
Technology Sector
Privacy, the gig economy, and access to digital information in our cars were all issues on ballots Tuesday for direct response of the voters. U.S. technology companies will be affected by the results of these...more
11/9/2020
/ Ballot Measures ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
Privacy Laws ,
State and Local Government ,
Technology Sector
Some companies don’t seem to care about privacy compliance. They may not have the money to build a compliance regime. They may not believe in the laws or believe that the laws would ever be applied to them. They may just not...more
For 25 years – since the introduction of Internet Explorer 2 – our browsers supported third-party cookie technology that formed the basis of internet advertising.
The cookie party is ending.
Tech lawyers and business...more
You are being watched.
And in these trying times of COVID-19 and major political protests, surveillance matters.
It seems everyone is making judgments about whether we protect ourselves or society when we leave the...more
6/9/2020
/ Biometric Information ,
Civil Liberties ,
Criminal Investigations ,
Data Protection ,
Facial Recognition Technology ,
First Amendment ,
FL Supreme Court ,
Law Enforcement ,
Police Misconduct ,
Privacy Laws ,
Protests ,
Surveillance
Although it seems that every day less people care about their privacy, the ability to maintain parts of your life as private remains crucial to our democracy, our economy, and our personal wellbeing. Many people expose their...more
6/5/2020
/ Anonymity ,
Big Data ,
Coercion ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Personal Information ,
Privacy Concerns ,
Privacy Laws ,
Reputation Management ,
Reputational Injury ,
Video Privacy Protection Act
This is one of several client alerts in a series counting down to the date when CCPA applies (Almost 1 month to go) -
The California Consumer Privacy Act (CCPA) takes effect for businesses January 1, 2020. Don’t wait to...more
11/27/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Protection ,
Data Sellers ,
Employee Privacy Rights ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Information ,
Privacy Laws ,
Public Comment ,
Website Owner Liability
Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. As a reminder, the CCPA takes effect January 1, 2020 and can apply to businesses even if they do...more
9/19/2019
/ Amended Legislation ,
B2B Organizations ,
B2B Transactions ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Fair Credit Reporting Act (FCRA) ,
Governor Newsom ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Private Right of Action
California’s Consumer Privacy Act (CCPA) will go into effect on January 1, 2020. CCPA can apply to businesses even if they do not have offices or employees in California. For-profit businesses that collect or use personal...more
In July, we published a client alert answering key questions about the CCPA. However, state lawmakers have made additional changes to the law since then. Below is an updated overview showing the amendments in bold...more
9/7/2018
/ Amended Legislation ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personally Identifiable Information ,
Privacy Laws ,
Private Right of Action
On June 28, 2018, California enacted the California Consumer Privacy Act of 2018 (“CCPA”). CCPA, unlike any other law, requires companies to honor specific privacy rights of California consumers granted under CCPA....more
7/3/2018
/ Consumer Protection Laws ,
Cybersecurity ,
Data Collection ,
Governor Brown ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Portability ,
Privacy Laws ,
Private Right of Action ,
Right to Be Forgotten ,
State and Local Government
On January 11, 2017, the Swiss Federal Council announced that a new framework will govern the transfer of personal data from Switzerland to the US. According to the Federal Council, the Swiss-US Privacy Shield Framework...more
We leave breadcrumbs of biometric information scattered around our daily lives, which may be collected and used by private entities, often without our knowledge or consent. The sound of your voice when you call your bank’s...more
10/26/2015
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Consent ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Driver's Licenses ,
FERPA ,
New Legislation ,
Parental Consent ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
Shutterfly ,
Social Networks ,
Students