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As discussed in our April 26, 2024, health law update, “New Limits on Minor Consents in Idaho,” effective July 1, 2024, the Parents’ Rights in Medical Decision-Making Act will generally require healthcare providers to obtain...more
Developments in child and teen privacy legislation have continued at a rapid pace in 2024, with laws poised to impact ever more companies. Chief among these is the federal Children's Online Privacy Protection Act (COPPA),...more
By Kim Stanger Note: This health law update originally was published on April 9, 2024. It was updated April 26, 2024, to reflect additional information. Effective July 1, 2024, Idaho healthcare providers must obtain parental...more
Effective July 1, 2024, Idaho healthcare providers must obtain parental consent to treat unemancipated minors or face civil liability except in emergency cases. In addition, parents will have a right to access the medical...more
Federal and state regulators have previously prioritized minors’ online privacy regulation, and this trend is poised to continue in 2024. Chief among these laws is the federal Children’s Online Privacy Protection Act (COPPA),...more
It feels like it has been ages since we had one of those exciting public Federal Trade Commission (FTC or Commission) meetings. You may remember them – when the few remaining commissioners talked about issues and matters of...more
The Children’s Online Privacy Protection Rule requires operators of websites and online services that are directed to children under 13 years of age, or that have “actual knowledge” they are collecting personal information...more
On October 15, the Utah Department of Commerce’s Consumer Protection Division published a Proposed Rule implementing elements of the Utah Social Media Regulation Act (SMRA), which was signed into law in March 2023....more
In Idaho, persons under the age of 18 (“minors”) may consent to their own healthcare in only limited circumstances. General Rule: Obtain Consent from Parent or Surrogate Decision Maker. Idaho Code § 39‑4503 sets forth...more
This spring, Utah legislators gave parents new legal tools to control use of social media by children and teens, including introducing a private right of action with statutory damages.To comply, social media companies will...more
U.S. states are moving to also regulate social media as social media laws—such as Utah’s which requires prior parental consent for those under the age of 18—in addition more broadly regulating data protection and personal...more
On April 19, 2022, the Better Business Bureau’s (BBB) Center for Industry Self-Regulation introduced the TeenAge Privacy Program (TAPP), an emerging initiative that sets out to help companies develop a teen-centric approach...more
Medical providers are sometimes faced with the difficult scenario of a minor (under 18 years of age) requesting medical or mental health treatment without a parent's or legal guardian's consent. This situation often arises in...more
As was made pretty clear last week from the 1,400 hours of Congressional testimony by Mark Zuckerberg, the USA may want to follow the lead of the EU and adopt laws similar to the General Data Protection Regulation (GDPR). For...more
In Idaho, persons under the age of 18 ("minors") may consent to their own healthcare in only limited circumstances. Treatment of a minor without proper consent may expose the practitioner to tort liability for lack of...more
The EU General Data Protection Regulation (the “GDPR”) was adopted by the EU Parliament last April 14, 2016. The GDPR will replace the EU Data Protection Directive (95/46/EC), which was implemented more than 20 years ago....more
A political compromise has been reached on the new European Data Protection Regulation. On December 15, 2015, the negotiators in the so-called “informal trilogue” between the Council, the Parliament and the European...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
Commercials Pulled After Endorser Admits 9/11 Lies - The revelation that an endorser lied about his whereabouts on September 11 led a national sports-themed restaurant chain to stop airing commercials where the actor...more
COPPA Gets Parental Consent Updates - With changes that should make it easier to develop child-directed apps, the Federal Trade Commission recently updated its guidance for verifying parental consent under the...more
The FTC has announced that it is seeking public comment on a second verifiable consent method proposed under the Voluntary Commission Approval Process provision of the COPPA Rule. The proponent is Imperium, LLC (“Imperium”),...more
The Children's Online Privacy Protection Act (“COPPA”) was enacted to place parents in control over what information is collected, used and disclosed from young children online. COPPA applies to operators of commercial...more
Two and a half years after initiating a review of the Children’s Online Privacy Protection Rule (the “Rule”), the Federal Trade Commission (FTC) announced on December 19, 2012 that the Rule will be amended to clarify...more
On December 19, 2012, the Federal Trade Commission (FTC) made major changes to the Children’s Online Privacy Protection Act (COPPA) for the first time in nearly 15 years, by significantly amending the Children’s Online...more