The Federal Trade Commission (FTC) has been actively flexing its authority as a privacy regulator in recent months. The agency has been especially focused on identifying data practices it views to be “unfair”, thereby...more
9/9/2024
/ Consent Order ,
Consumer Privacy Rights ,
Cookies ,
Data Collection ,
Data Privacy ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Marketing ,
Misrepresentation ,
Security and Privacy Controls ,
Third-Party Service Provider ,
Web Browsers ,
Web Tracking
On June 13, the Rhode Island legislature passed the Rhode Island Data Transparency and Privacy Protection Act (RIDTPPA) (H. 7787/S. 2500), with the bill passing into law on June 29....more
In the past several weeks, the Minnesota governor has signed into law the Minnesota Consumer Data Privacy Act, while the Vermont Data Privacy Act has been passed by the legislature and awaits the governor’s signature. Both of...more
The 2024 state legislative season is drawing to a close with several notable developments on the comprehensive privacy law front. Since our last update, the Maryland Online Data Privacy Act and Minnesota Consumer Data Privacy...more
The final weeks for many state legislatures have witnessed significant movements in the U.S. data privacy landscape. Last month, Nebraska Governor Jim Pillen signed the Data Privacy Act, LB1074, into law....more
5/22/2024
/ Compliance ,
Consumer Privacy Rights ,
COPPA ,
Data Controller ,
Data Privacy ,
Effective Date ,
FERPA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
PHI ,
Popular ,
Proposed Legislation ,
Sensitive Personal Information ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices
As we move closer to the end of many states’ legislative sessions, a number of comprehensive privacy law proposals continue to work their way through the legislative process. Since our last update, Nebraska became the...more
On April 7, Representative Cathy McMorris Rodgers (R-Wash.), Chair of the U.S. House Committee on Energy and Commerce Chair, and Senator Maria Cantwell (D-Wash.), Chair of the Senate Committee on Commerce, Science and...more
On April 2, the California Privacy Protection Agency (CPPA or “the Agency”) issued the Agency’s first-ever enforcement advisory. The advisory (“Applying Data Minimization to Consumer Requests”) reaffirms data minimization as...more
The opening weeks of spring have seen comprehensive privacy law proposals continue to progress in state legislatures across the country. Since our last update, the Kentucky Consumer Data Protection Act (HB 15) received a...more
As we progress deeper into the 2024 legislative session, developments in the comprehensive privacy law arena have continued apace. In the weeks since our last update, New Hampshire formally joined the ranks of states with...more
On March 11, the Kentucky Senate passed the Kentucky Consumer Data Protection Act (KCDPA or the “Act”) (House Bill 15) by a unanimous 35-0 vote. Upon House concurrence and the governor’s signature, the Act would become the...more
2023 was an active year for data protection-related litigation. Plaintiffs continued to advance creative theories of liability against businesses, using both older and more established privacy laws (such as the Telephone...more
In the weeks since our last update, we have seen continued progress in several state legislatures on comprehensive privacy legislation. Most notably, legislative chambers in West Virginia, Kentucky, and Georgia have passed...more
This post is part of a series of articles we are doing on 2023 data protection litigation trends.
While the California Consumer Privacy Act (CCPA) is most known for its onerous privacy compliance obligations, the law also...more
3/4/2024
/ California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Breach ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Personal Information ,
Private Right of Action ,
Right To Cure ,
Security and Privacy Controls ,
State Attorneys General ,
Statutory Damages ,
U-Haul ,
Wells Fargo
The early weeks of 2024 have seen continued activity on the state comprehensive privacy law front. Since our last update, at least 11 new comprehensive privacy bills have been proposed. In particular, Georgia, Hawaii,...more
2/23/2024
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
COPPA ,
Data Controller ,
Data Privacy ,
FERPA ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Information ,
Privacy Laws ,
Proposed Legislation ,
State Legislatures ,
State Privacy Laws
On February 1, Connecticut Attorney General (AG) William Tong released a report detailing the AG’s initial efforts to enforce the Connecticut Data Privacy Act (CTDPA or “the Act”) and providing recommendations on how the Act...more
2/13/2024
/ Consumer Privacy Rights ,
Data Privacy ,
Enforcement Authority ,
Enforcement Priorities ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Reports ,
Privacy Policy ,
State Attorneys General ,
State Data Breach Notification Statutes ,
State Privacy Laws
This post is part of a series of articles we are doing on 2023 data protection litigation trends.
2023 saw a rise in class action litigation related to internet tracking technology employed by companies to enhance user...more
This post is part of a series of articles we are doing on 2023 data protection litigation trends.
Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more
2/1/2024
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Compliance ,
Consent ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Employment Litigation ,
Exemptions ,
Fingerprints ,
Health Care Providers ,
IL Supreme Court ,
PHI ,
Privacy Laws ,
Private Right of Action ,
State Privacy Laws ,
Statute of Limitations ,
Statutory Damages ,
Statutory Violations ,
Third-Party Liability
The Federal Trade Commission (FTC) recently published a post on their Business Guidance Blog discussing lessons learned from three enforcement actions against sellers of genetic testing products. These guidelines address...more
1/25/2024
/ Advertising ,
Artificial Intelligence ,
Biometric Information ,
Civil Monetary Penalty ,
Compliance ,
Data Privacy ,
Data Security ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Genetic Testing ,
HIPAA Breach Notification Rule ,
Rite Aid ,
Sensitive Personal Information
Following a busy 2023 in which seven states enacted comprehensive privacy laws, we entered this year expecting additional activity on this front across state legislatures. The opening weeks of 2024 have not disappointed. Most...more
On January 4, 2023, the New Hampshire House of Representatives passed Senate Bill 255 (the “Act”) with amendments, setting the stage for New Hampshire to become the latest state with a comprehensive privacy law....more
1/10/2024
/ Compliance ,
Consent ,
Covered Entities ,
Data Privacy ,
Effective Date ,
Exemptions ,
Minors ,
Pending Legislation ,
Popular ,
Privacy Laws ,
Sensitive Personal Information ,
State Privacy Laws
2023 marked a pivotal moment in US data privacy and cybersecurity, characterized by substantial regulatory and legislative advances at the international, federal, and state levels. The Federal Trade Commission (FTC) took a...more
1/8/2024
/ Artificial Intelligence ,
Breach Notification Rule ,
California Privacy Protection Agency (CPPA) ,
Compliance ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Enforcement Authority ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
International Data Transfers ,
OCR ,
PHI ,
Rulemaking Process ,
Safeguards Rule ,
Securities and Exchange Commission (SEC) ,
State Privacy Laws
On December 8, the California Privacy Protection Agency (CPPA or “the Agency”) held a public Board meeting to discuss a range of topics, including proposed regulations on cybersecurity audits, risk assessments, and automated...more
On December 8, representatives from the European Commission, the European Parliament, and the Council of the European Union (EU) reached political agreement on the shape and contents of the EU’s AI Act (the “Act”), setting...more
Earlier this year, Texas and Oregon each passed a data broker registration law, joining California and Vermont to double the number of states that have enacted such legislation. Texas Governor Greg Abbott signed SB 2105 into...more