On July 1, 2024, three more U.S. state privacy regulations will take effect. While these laws align with many of the principles established by other state privacy laws, they also introduce unique compliance requirements...more
The United States privacy landscape becomes more cluttered by the week. While most of the legal media is focusing on federal legislation coming out of Washington, the most significant privacy development in the United States...more
This year is proving to be just as an important year for privacy professionals as 2023. In our third installment of what privacy pros should know, we provide you with some highlights about the following important developments...more
The California Privacy Protection Agency (the “Agency”) may start enforcing privacy regulations according to a recent decision from the California Third District Court of Appeal. The privacy regulations at issue stem from the...more
On December 20, 2023, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking (Proposed Rule) seeking to update the Children’s Online Privacy Protection Act (COPPA), which would place new restrictions on...more
You may be feeling overwhelmed with the thought of having to comply with yet another state privacy law. However, New Jersey’s privacy bill is chock-full of significant exemptions that may ease your organization’s compliance...more
The Colorado Department of Law has published its Universal Opt-Out Shortlist under the Colorado Privacy Act (“CPA”). This is eagerly awaited guidance for organizations who are subject to the CPA as the guidance provides...more
On December 19, 2023, Rite Aid Corporation (Rite Aid) agreed to settle Federal Trade Commission (FTC) charges that it failed to take reasonable measures to prevent harm to consumers from its use of facial recognition...more
On December 8, 2023, the EU announced that Parliament and Council negotiators “had reached a provisional agreement on the Artificial Intelligence Act.” Negotiators had been under pressure to resolve differences to maintain...more
The California Privacy Rights Act (“CPRA”), also known as Proposition 24, became effective on January 1, 2023. Rather than acting as a complete overhaul of the California Consumer Privacy Act (“CCPA”), the CPRA further...more
Given the increasing number of data privacy laws in the U.S., entering into appropriate data processing agreements (“DPAs”) with vendors has now become a critical component of vendor management. It can also be one of the most...more
Generative artificial intelligence (“GenAI”) and GenAI tools like ChatGPT have a significant opportunity to revolutionize how many organizations do business. GenAI tools allow users to brainstorm ideas, quickly generate...more
In March of this year, we wrote about “secondary use” consent requirements under the CCPA and Colorado’s CPA. Since that post, the number of U.S. state privacy laws has roughly doubled. Determining consent requirements under...more
The pace of privacy developments in 2023 has been breathtaking. Since our recent alert regarding Iowa’s comprehensive data privacy law and Colorado’s finalized rules, there have been a number of key developments in data...more
On March 28, 2023, Iowa became the sixth state to enact a comprehensive consumer privacy law. If the thought of having to comply with yet another state privacy law is causing a sense of panic, fret not. Iowa’s bill is largely...more
One internet search of the CCPA or the CPA reveals a plethora of articles outlining standard data protection requirements under those laws, from privacy notice requirements to new mandatory contractual provisions. But the...more
While there is no comprehensive, federal United States law governing privacy, there are several major state laws that are currently in place. To help our clients assess their compliance posture, we have published a quick,...more
3/16/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Personal Information ,
State Privacy Laws
Kilpatrick Townsend’s John Brigagliano recently participated in the “US State Privacy Law” panel at the 37th Annual Privacy & Technology Law Forum. Mr. Brigagliano moderated the discussion with Jason Loring (Vialto Global...more
In January of 2022, we recommended adding “updating privacy contracts” to your list of New Year’s resolutions. With 2023 around the corner and a number of new privacy laws and regulations going into effect, we have another...more
12/16/2022
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Information ,
Popular ,
State Privacy Laws
We warned you last summer that California Consumer Privacy Act (“CCPA”) enforcement was heating up! The California Attorney General (“CAG”) announced a settlement with cosmetics retailer, Sephora. That, among other penalties,...more
In our second installment of what privacy professionals should know before they start the summer, we provide you with highlights from the draft regulations from the California Privacy Protection Agency (“CPPA”) and...more
It’s been a blazing hot summer and privacy professionals have been sweating to keep up with all of the updates from the last few months. We all knew this was going to be a busy year with updating European data transfer...more
Connecticut’s new privacy law, an Act Concerning Personal Data Privacy and Online Monitoring, also known as the Connecticut Data Privacy Act (“CTDPA”), generally continues the pattern of non-California states enacting...more
State legislative activity kicked off with a frenetic pace in 2022 and it seemed that there would be a number of new comprehensive privacy laws this year. Surprisingly to some, many of those efforts in other states fizzled...more
Most New Year’s resolutions can fall by the wayside, but there is one you will need to keep in 2022 – updating your privacy contracts. This year, privacy professionals will need to spend a significant amount of time updating...more