On March 7, 2024, a bipartisan coalition of 43 state attorneys general sent to the Federal Trade Commission (“FTC”) a letter urging the FTC to update the regulations (“COPPA Rules”) implementing the Children’s Online Privacy...more
3/14/2024
/ COPPA ,
Data Collection ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
Mobile Apps ,
Online Safety for Children ,
Parental Consent ,
Personal Information ,
Personally Identifiable Information ,
State Attorneys General ,
Websites
On March 7, 2024, the California Privacy Protection Agency (CPPA) released new materials for review and discussion at the agency’s board meeting on March 8, 2024. Among the materials released were draft risk assessment and...more
The FTC published guidance warning companies that “[i]t may be unfair or deceptive for a company to adopt more permissive data practices—for example, to start sharing consumers’ data with third parties or using that data for...more
On February 21st, the California Attorney General (AG) Rob Bonta announced a settlement with DoorDash for violations of the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA)...more
2/22/2024
/ Advertising ,
California ,
California Consumer Privacy Act (CCPA) ,
CalOPPA ,
DoorDash ,
Marketing ,
Mobile Apps ,
Personal Information ,
State and Local Government ,
State Attorneys General ,
Statutory Violations
On February 9, 2024, California’s Third District Court of Appeals reinstated the California Privacy Protection Agency’s (“CPPA”) ability to enforce the California Privacy Rights Act of 2020 (“CPRA”) regulations. The CPRA...more
2/13/2024
/ California ,
California Privacy Protection Agency (CPPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Management ,
Data Privacy ,
Data Protection ,
Personal Information ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements ,
State Privacy Laws
On February 1, 2024, the Connecticut Office of the Attorney General (“OAG”) submitted to the Connecticut General Assembly its report on the first six months of the Connecticut Data Privacy Act (“CTDPA”). While the report...more
This episode is part of our Cyber Adviser series, where we discuss emerging issues in the world of privacy and data security.
The privacy and cybersecurity landscape is evolving in the financial sector, from more specific...more
In October 2023, the CFPB issued a groundbreaking proposal on personal financial data. This episode, which repurposes a webinar, begins with a review of the background of the rulemaking. We then discuss key provisions of the...more
On November 14, 2023, the Colorado Division of Insurance’s AI insurance regulations went into effect. Colorado is now the first state in the nation to adopt regulations specifically aimed at insurance algorithms....more
On November 21, the Federal Trade Commission (“FTC”) approved in a 3-0 vote a resolution authorizing the use of compulsory process in nonpublic investigations involving products and services that involve or claim to involve...more
11/29/2023
/ Algorithms ,
Artificial Intelligence ,
Civil Investigation Demand ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Federal Trade Commission (FTC) ,
Innovative Technology ,
Investigations ,
Machine Learning ,
Regulatory Authority ,
Regulatory Oversight
On November 27, 2023, the California Privacy Protection Agency (CPPA) published proposed Automated Decision-Making Rules to be discussed by the CCPA board at its upcoming meeting on December 8, 2023. While the proposed rules...more
The Colorado Department of Law (“DoL”) has published a shortlist of potential universal opt-out mechanisms (“UOOMs”). Beginning on July 1, 2024, companies will be required to allow consumers to opt out of the sale of their...more
On October 19, 2023, the Consumer Financial Protection Board (“CFPB”) released a proposed rule that, if enacted, would grant consumers greater access rights to the data their financial institutions hold. Under the proposed...more
10/24/2023
/ Comment Period ,
Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Information ,
Consumer Privacy Rights ,
Dodd-Frank ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
Personally Identifiable Information ,
Proposed Rules ,
Regulatory Agenda
The California Privacy Protection Agency (CPPA) recently published two new sets of draft regulations addressing a range of cutting-edge data protection issues. Although the CPPA has not officially started the formal...more
9/8/2023
/ Algorithms ,
Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Financial Products ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Draft Guidance ,
Financial Services Industry ,
Machine Learning ,
Personal Information ,
Regulatory Agenda ,
Risk Assessment
The California Privacy Protection Agency (CPPA) recently published two new sets of draft regulations addressing a range of cutting-edge data protection issues. Although the Agency has not officially started the formal...more
9/6/2023
/ Algorithms ,
Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Financial Products ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Draft Guidance ,
Machine Learning ,
Personal Information ,
Regulatory Agenda ,
Risk Assessment
On July 10, 2023, the European Commission adopted its adequacy decision for the EU-US Data Privacy Framework (Framework). The adequacy decision concludes the long process to open up new means by which companies transfer...more
On April 24, the Governor of Kansas signed into law Kansas Senate Bill 44, which enacts the Financial Institutions Information Security Act (the “Act”). The Act requires credit services organizations, mortgage companies,...more
Following recent Senate testimony in which OpenAI CEO Sam Altman proposed additional Congressional oversight for the development of artificial intelligence (AI), Colorado Senator Michael Bennet has re-introduced the Digital...more
On May 17, 2023, Montana Governor Greg Gianforte signed into law a bill banning the use of the popular app, TikTok, by the general public within the state. Absent court intervention, the ban takes effect on January 1, 2024....more
In a ruling published May, 4, the Federal District Court of Idaho granted defendant data broker Kochava’s motion to dismiss a complaint filed by the Federal Trade Commission (“FTC”). In its complaint, the FTC alleged that...more
As we have previously posted, it has been an active year on the state privacy law front. Indeed, the number of states with privacy laws is about to nearly double in a matter of months, with Iowa, Indiana, Montana, and...more
The emergence of tools like ChatGPT has demonstrated the tremendous business potential for artificial intelligence. At the same time, businesses need to be aware of the growing patchwork of laws and regulations in the U.S....more
Utah Governor Spencer Cox is expected to signed SB 152, which was passed by both the House and Senate as of March 13, 2023. With this bill, Utah would join California in passing legislation designed to protect children from...more
The AI application ChatGPT quickly became a household name, but already is morphing into a more advanced version of generative AI. At the same time, Microsoft’s redesigned Bing search engine will soon run on a new,...more
On March 15, the Colorado Attorney General’s Office finalized the Colorado Privacy Act regulations. ...more