On November 27, 2023, the California Privacy Protection Agency (CPPA) released draft regulations for automated decision-making technology (ADMT). While the CPPA has not officially begun the formal rulemaking process, the...more
11/30/2023
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
COPPA ,
Data Profiling ,
Opt-In ,
Opt-Outs ,
Personal Information ,
Proposed Regulation ,
Risk Assessment
California continues to forge ahead on potential new privacy, cybersecurity, and artificial intelligence (AI) obligations, including through its California Consumer Privacy Act (CCPA) rulemaking process and by launching a new...more
9/14/2023
/ Artificial Intelligence ,
Audits ,
Automated Systems ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Data Protection ,
Executive Orders ,
Governor Newsom ,
Machine Learning ,
Recordkeeping Requirements ,
Risk Assessment ,
Training Requirements
On Friday, June 30, 2023, a California state superior court ruled that any California Privacy Rights Act (CPRA) regulation may not be enforced until one year after the regulation is promulgated. Practically speaking, this...more
March wrapped up with several significant state privacy developments. First, on March 28, Iowa Governor Kim Reynolds signed Senate File 262 (SF 262) into law, making Iowa the sixth state to adopt comprehensive data privacy...more
4/7/2023
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
New Legislation ,
Opt-Outs ,
Personal Information ,
Sensitive Personal Information ,
State Privacy Laws
At its February 3 meeting, the California Privacy Protection Agency (CPPA) Board took steps pursuant to the California Privacy Rights Act (CPRA) towards (1) finalizing its updated California Consumer Privacy Act (CCPA)...more
2023 already is a landmark year for privacy regulation. As of January 1, 2023, two new privacy laws are now in effect: (1) the California Privacy Rights Act (CPRA), which amends the California Consumer Privacy Act (CCPA), and...more
Regulatory Announcements-
CFPB Releases Report Finding Violations of Federal Law by Student Loan Servicers and University-Owned Lenders. On September 29, the CFPB released the Supervisory Highlights Student Loan Servicing...more
10/4/2022
/ American Bankers Association ,
California Consumer Privacy Act (CCPA) ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Financial Protection and Innovation (DFPI) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Horse Racing ,
Interest Rates ,
Overdraft Fees ,
Public Service Loan Forgiveness program (PSLF program) ,
Student Loans ,
Targeted Digital Advertising ,
UDAAP
On September 15, 2022, California Governor Newsom announced his signing of A.B. 2273, the California Age-Appropriate Design Code Act, which the legislature passed on August 30. The law – modeled after the United Kingdom...more
9/19/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
COPPA ,
Data Profiling ,
Governor Newsom ,
New Legislation ,
Online Advertisements ,
Privacy Settings ,
Targeted Digital Advertising ,
Transparency ,
UK
On August 11, 2022, the Federal Trade Commission (FTC) issued an Advance Notice of Proposed Rulemaking (ANPR), titled “Trade Regulation Rule on Commercial Surveillance and Data Security”. The wide-ranging ANPR seeks feedback...more
9/19/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
COPPA ,
Data Management ,
Data Security ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
FTC Act ,
GLBA Privacy ,
Privacy Legislation ,
Right to Delete ,
Surveillance ,
Targeted Digital Advertising
On August 30, 2022, the California Legislature passed A.B. 2273, the California Age-Appropriate Design Code Act. The bill – which is modeled after the United Kingdom Information Commissioner’s Office code of practice for age...more
9/1/2022
/ Algorithms ,
California ,
California Consumer Privacy Act (CCPA) ,
COPPA ,
Data Profiling ,
Data Protection ,
Marketing ,
Online Advertisements ,
Privacy Settings ,
Private Right of Action ,
UK
Alvaro Bedoya Sworn in as FTC Commissioner Following Senate Confirmation. On May 16, Alvaro Bedoya was sworn in as FTC Commissioner. The U.S. Senate confirmed Bedoya to the FTC’s open Commissioner on May 11. ...more
5/17/2022
/ Advisory Opinions ,
Amicus Briefs ,
Automotive Loans ,
Balloon Payments ,
Bank of America ,
California Consumer Privacy Act (CCPA) ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
COPPA ,
Coronavirus/COVID-19 ,
Credit Reports ,
CROA ,
Discrimination ,
ECOA ,
Enforcement Actions ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
FinTech ,
Garnishment ,
Injunctive Relief ,
Internet Service Providers (ISPs) ,
Labeling ,
Made in the USA ,
Misleading Statements ,
Popular ,
Senate Confirmation Hearings ,
Technology ,
Telemarketing Sales Rule
Legislators in Washington, DC, and in multiple states have rolled out proposals focused on children’s and teens’ privacy that would significantly affect companies that provide online applications and services....more
Privacy In Focus®-
The last several years have seen major developments in state privacy laws. While Congress remains gridlocked on the federal privacy front, states enacted omnibus data privacy bills that will impact...more
1/19/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CDPA ,
Colorado ,
Comment Period ,
Compliance ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Mapping ,
Data Privacy ,
Data Protection ,
Privacy Policy ,
Proposed Amendments ,
State Data Privacy Laws ,
State Privacy Laws ,
Third-Party ,
Virginia
As 2021 draws to a close, businesses subject to California’s privacy laws should pay close attention to developments underway in that state that will have broad impacts on compliance strategies. On September 22, 2021, the...more
On September 22, 2021, the California Privacy Protection Agency (CPPA or Agency)—the new agency established by the California Privacy Rights and Enforcement Act (CPRA)—released an Invitation for Preliminary Comments on...more
Companies subject to the California Consumer Privacy Act (CCPA) are required to update their online privacy policies “at least once every 12 months,” as detailed in the statute. For many companies that updated their CCPA...more
In March 2021, with the passage of the Consumer Data Protection Act (CDPA), Virginia took its place as the second state to enact comprehensive data privacy legislation. Virginia follows California, where voters recently...more
On March 15, 2021, the California Attorney General (AG) issued further amendments to the implementing regulations of the California Consumer Privacy Act (CCPA), clarifying how a business must facilitate a consumer’s exercise...more
The California Privacy Rights Act (CPRA) – passed by voters in November – amends the California Consumer Privacy Act (CCPA) in a number of critical ways. Join us for a discussion of the CPRA’s key provisions, the issues on...more
On Thursday, December 10, 2020, the California Attorney General’s (AG) office released a new set of proposed modifications to the California Consumer Privacy Act (CCPA) regulations. The CCPA regulations were just finalized...more
Next month, California voters will cast their votes on Proposition 24, a ballot initiative that, if passed, will enact the California Privacy Rights and Enforcement Act of 2020 (CPRA). The CPRA would significantly amend the...more
10/27/2020
/ Ballot Measures ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Governance ,
Legislative Agendas ,
Personal Data ,
State and Local Government
On October 12, 2020, California Attorney General Becerra’s office released a third set of proposed modifications to the California Consumer Act (CCPA) regulations. While these proposed changes to the final CCPA regulations...more
As fall has arrived, so has a flurry of privacy activity on Capitol Hill. Though this Congress is highly unlikely to pass any privacy legislation before the end of the Term, the latest developments reflect efforts by key...more