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Data Protection Corporate Counsel

McDermott Will & Emery

Colorado AG Proposes Draft Amendments to the Colorado Privacy Act Rules

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On September 13, 2024, the Colorado Attorney General’s (AG) Office published proposed draft amendments to the Colorado Privacy Act (CPA) Rules. The proposals include new requirements related to biometric collection and use...more

Troutman Pepper

AI and HR: Navigating Legal Challenges in Recruiting and Hiring

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Using AI in HR - Hire or Hover? Hiring executives are asking if the compliance costs and discrimination risks outweigh the anticipated benefits of using artificial intelligence (AI) tools for hiring and employment-related...more

Carlton Fields

California Privacy Protection Agency Issues Dark Pattern Enforcement Advisory

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On September 4, the California Privacy Protection Agency issued an enforcement advisory regarding “choice architectures that have the substantial effect of subverting or impairing a consumer’s autonomy, decision-making, or...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: August 2024

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Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more

Husch Blackwell LLP

Ninth Circuit Issues Opinion on Constitutionality of California’s AADC

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Keypoint: The appellate court ruled that the California Age-Appropriate Design Code Act’s impact assessment provision is unconstitutional and remanded the case back to the trial court to consider the constitutionality of the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Trade Commission Hashes Out Aggressive Interpretation of Data Anonymization: What You Need to Know

The Federal Trade Commission (FTC) has a long-standing habit of creating legal obligations through blog posts. Recent communications from the FTC by way of its Office of Technology Blog evidence an aggressive expectation...more

Fisher Phillips

Disclosure of Data Through Website Cookies May Be a Data Breach – What A Recent Court Ruling Means for Healthcare Businesses

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A California federal court recently ruled that disclosure of certain data collected through website cookies that may qualify as health information could trigger a data breach under the California Consumer Privacy Act (CCPA) –...more

Alston & Bird

Dutch Data Protection Authority Warns that Using AI Chatbots Can Lead to Personal Data Breaches

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On August 6th, the Dutch Data Protection Authority (DPA) issued guidance cautioning companies about the potential data protection risks associated with the use of Artificial Intelligence (AI)-powered chatbots....more

Wilson Sonsini Goodrich & Rosati

Substantial New CCPA Regulations Inch Closer to Reality: A High-Level Overview of the New Requirements and Their Projected $4...

On July 16, 2024, the California Privacy Protection Agency (CPPA) Board met to discuss advancing a substantial draft California Consumer Privacy Act (CCPA) rulemaking package to formal proceedings. The proposed...more

Bradley Arant Boult Cummings LLP

Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications –PART II

In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data...more

Hogan Lovells

Brazil’s Data Protection Authority releases guidance on data protection officer responsibilities and duties

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On July 16, 2024, the National Data Protection Authority (ANPD) published Resolution No. 18/2024 (Resolution 18) outlining rules on the appointment, definition, duties and activities of a Data Protection Officer (DPO) in...more

Coblentz Patch Duffy & Bass

2024 Mid-Year Privacy Report - A Comprehensive Look at New Developments in Data Privacy Laws

Introduction - 2024 has been another big year for privacy. Several new state privacy laws are going into effect, with several more coming in 2025, while a federal privacy law continues to be discussed that would further...more

A&O Shearman

European Commission takes preliminary view that social media platform’s ‘pay or consent’ model does not comply with the DMA

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On 1 July 2024, the European Commission (the ‘Commission’) announced its preliminary findings in an investigation of a leading social media platform, concluding that its ‘pay or consent’ advertising model implemented in the...more

Blake, Cassels & Graydon LLP

Invasion of the Data Snatchers: B.C. Court of Appeal Clarifies Possible Scope of Privacy Claims Against Data Custodians in Data...

On July 4, 2024, the B.C. Court of Appeal issued a duo of class action appeal decisions considering the potential scope of statutory and common law privacy claims against data custodians that fall victim to cyberattacks in...more

Wilson Sonsini Goodrich & Rosati

Seven New States Join Patchwork of U.S. Comprehensive Privacy Laws: Top 10 Trends from the First Half of 2024

In the first half of 2024, seven new states—Kentucky, Maryland, Minnesota, Nebraska, New Hampshire, New Jersey, and Rhode Island—all enacted their takes on comprehensive privacy laws, bringing the total number of states with...more

Wiley Rein LLP

Litigation Grows Around Website Technologies, With Focus on Sensitive Data

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Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more

Fisher Phillips

Florida Governor Vetoes Cybersecurity Data Breach Immunity Bill: 4 Things Businesses Can Do to Prevent Data Breach Claims

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To the surprise of some, Governor DeSantis recently vetoed a bill that would have provided businesses with a defense to claims arising from “cybersecurity incidents” that lead to data breaches – so long as they met a few...more

Quarles & Brady LLP

HHS Tracking Technology Guidance Vacated by Federal Court

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On Thursday, June 20, 2024, a U.S. District Court Judge ruled that the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) overstepped its authority to act when issuing its December 2022 bulletin...more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

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Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

A&O Shearman

Hong Kong Privacy Commissioner releases First AI-focused Personal Data Protection Framework in APAC

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As Artificial Intelligence (AI) continues to evolve and integrates into business processes, the Office of the Privacy Commissioner for Personal Data (PCPD) released its Artificial Intelligence: Model Personal Data Protection...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: May 2024

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Keypoint: The Central District of California issued several wiretapping decisions in May while two decisions on the VPPA illustrate how claims fail or succeed at the pleading stage. Welcome to the fourteenth installment in...more

Cooley LLP

Utah, Colorado Pave Way for AI-Specific State Laws – Is Your Company Ready for the Impending Regulation Wave?

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The regulation of artificial intelligence (AI) has drawn significant interest from policymakers in the US, particularly at the state level. There has been a recent slew of legislative activity with respect to comprehensive AI...more

Winthrop & Weinstine, P.A.

The Minnesota Consumer Data Privacy Act: Minnesota Becomes the 18th State to Enact a Comprehensive Consumer Privacy Law

On May 24, 2024, Governor Walz signed into law the Minnesota Consumer Data Privacy Act (MNCDPA). This landmark law is the first set of comprehensive consumer privacy standards specific to Minnesota residents. The law will...more

Robinson+Cole Data Privacy + Security Insider

Tennessee Passes Law Restricting Data Breach Class Action Suits

Tennessee Governor Bill Lee signed legislation on May 22, 2024, that will shield private entities from class action lawsuits stemming from a cybersecurity event unless the event was caused by willful, wanton, or gross...more

Ius Laboris

Employers liable for employees’ GDPR errors

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A recent judgment of the European Court of Justice (ECJ) sheds light on the question of whether a data controller can be exempted from liability for the error of a person acting under its authority....more

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