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AI Legislative and Regulatory Efforts Pick Up Steam: What We’re Watching

AI capabilities are growing by the day, and with them, so are increasing government efforts to put in place guardrails, principles, and rules to govern the AI space. In May alone, Utah’s Artificial Intelligence Policy Act...more

What Updates to the Health Breach Notification Rule Mean for Your Business

On July 29, 2024, the FTC’s revised Health Breach Notification Rule (HBNR) takes effect. The Rule requires vendors of personal health records (PHRs) and related entities not covered by HIPAA to notify individuals, the FTC,...more

Top 5 State Privacy Issues We’re Monitoring This Year

The year ahead promises to be busy on the state privacy front. As we’ve covered on this blog, states are continuing to fill the gap at the federal level by implementing comprehensive state laws that guarantee consumer privacy...more

FTC Proposes Changes to COPPA Rule: What Businesses Need to Know

The Federal Trade Commission (FTC) announced a Notice of Proposed Rulemaking (NPRM) to amend the Children’s Online Privacy Protection Act Rule (COPPA Rule). The COPPA Rule applies to operators of websites and online services...more

CCPA Update:  Agencies push ahead with enforcement as Superior Court delays new regulations

The California Privacy Protection Agency (CPPA) and California Office of Attorney General (OAG) are publicly pressing ahead with enforcement now that they have the authority to enforce the California Consumer Privacy Act...more

With July 1st in view, Google updates CCPA contract terms

Google updated its privacy terms earlier this month, shifting away from offering many of its advertising services on a “service provider” basis. With the change, Google states that its Customer Match, Audience Partner API,...more

What’s in the Indiana Consumer Data Protection Act?

Indiana’s Consumer Data Protection Act advanced in the state legislature last week and now heads to Governor Eric J. Holcomb’s desk. The bill mirrors comprehensive privacy legislation enacted in Virginia, Utah, and Iowa,...more

CPRA Update: California Privacy Protection Agency Votes to Begin Rulemaking Process

On Wednesday, June 8, the California Privacy Protection Agency (CPPA) Board voted 4-0 (with one member absent) to initiate the CPRA rulemaking process based on the draft regulations released on May 27th prior to the Memorial...more

New Bipartisan Federal Privacy Bill – Breakthrough, Too Late, or Both?

On Friday June 3, a bipartisan group of leaders from key House and Senate committees released a new “discussion draft” bill to establish nationwide standards for consumer privacy. The proposal (the American Data Privacy and...more

New California Draft Privacy Regulations: How They Would Change Business Obligations and Enforcement Risk

On Friday May 27, 2022, the California Privacy Protection Agency (CPPA) Board announced its next public meeting will be on June 8, 2022. The announcement simply stated the date of the meeting, that there are “some discussion...more

Credential Stuffing: Cyber Best Practices from NY Attorney General’s Latest Report

In guidance released last week, the New York State Office of the Attorney General urged businesses to incorporate safeguards to detect and prevent credential-stuffing attacks in their data security programs.  The guidance...more

CPRA Update: California Legislature Makes Technical Changes to CPRA

Last week, California’s Governor Gavin Newsom signed into law AB 694, which makes a few technical changes to the California Privacy Rights Act (CPRA). The relevant changes to the CPRA are summarized below....more

CPRA Update: California Privacy Rulemaking Process Begins

On September 22, the California Privacy Protection Agency (CPPA) issued an invitation for public comments as part of its first “preliminary” rulemaking activities. Established by the California Privacy Rights Act (CPRA)...more

CCPA Update: Final Regulations Submitted but No Changes from Prior Draft

On June 2, California Attorney General Xavier Becerra announced that he had submitted final CCPA regulations to the Office of Administrative Law (OAL) for review. The final regulations are substantively identical to the...more

No Delay? What To Expect on CCPA Enforcement Timing

The CCPA grants the California Attorney General (AG) the authority to enforce the CCPA starting on July 1, 2020. Last month, the AG confirmed no intention to delay that enforcement date due to the COVID-19 pandemic, despite...more

CCPA Update: Attorney General Releases Third Draft of Proposed CCPA Regulations

On Wednesday, the California Attorney General (AG) released a third draft of proposed CCPA regulations for public comment. The draft contains a series of technical corrections, along with a handful of substantive incremental...more

CCPA Implementation: An Early Map

The January 1, 2020 effective date of the California Consumer Privacy Act (CCPA) has come and gone, but questions about how to comply with the law show no hint of disappearing. As companies move past their efforts to comply...more

CCPA Update: Prioritizing Compliance with Two Months Until the CCPA Takes Effect

In exactly two months, the California Consumer Privacy Act (CCPA) takes effect. Many businesses are devoting resources to timely comply, but between the late rollout of the Attorney General’s draft regulations, recent...more

CCPA Update: California Governor Signs Seven Amendments to the CCPA

On Friday, California Governor Gavin Newsom signed seven legislative proposals to amend the California Consumer Privacy Act (CCPA), marking the end of a nearly-yearlong process to make changes to the new privacy law before it...more

CCPA Update: California Attorney General Issues Draft Privacy Rules

On Thursday, California Attorney General Xavier Becerra released draft regulations implementing the California Consumer Privacy Act (CCPA). The regulations provide the first glimpse into how the Attorney General interprets...more

CCPA Update: Legislature Amends the CCPA to Exclude Employee Data, B2B Communications for One Year

Last week, the California legislature voted to send five amendments to the CCPA to the California governor’s desk. The amendments include a one-year exemption for access and deletion rights to employee data and B2B...more

CCPA Update: With Legislative Session to End Friday, CCPA Amendments Slated for Final Vote

This week marks the final opportunity for California lawmakers to amend the CCPA before the legislative session closes on Friday, September 13th. The legislative posture of the amendments changed last Friday, when the Senate...more

CCPA Update: California Senate Committee Approves Privacy Law Amendments

Amendments to the California Consumer Privacy Act (CCPA) continued to advance on Monday, as the California legislature returned from its summer recess. With just five weeks to go until the September 13th deadline for the...more

What Facebook’s Next 20 Years Will Look Like: Is This the Future of US Privacy?

Even in her extensive dissent, FTC Commissioner Rebecca Slaughter labeled the Order “exceptional.” And it is. The terms of the Federal Trade Commission’s (FTC) $5 billion, twenty-year settlement Order reached with...more

California Senate Committee Blesses Majority of CCPA Amendments

Seven amendments to the California Consumer Privacy Act (CCPA) are one step closer to becoming law after the California Senate Committee on the Judiciary voted to advance the legislation earlier this month....more

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