Last May, Colorado Governor Jared Polis signed into law amendments to the Colorado Privacy Act ("CPA") that impose new obligations governing the collection, processing, retention, and disclosure of Coloradans' biometrics. The...more
On May 7, 2024, the Federal Communications Commission (FCC) issued its latest network neutrality order, Safeguarding and Securing the Open Internet (the "Order"), which was published in the Federal Register on May 22, 2024,...more
6/7/2024
/ Broadband ,
Broadband Internet Access Services (BIAS) ,
Chevron Deference ,
Child Abuse ,
Communications Act of 1934 ,
Congressional Review Act ,
Copyright Infringement ,
Data Privacy ,
Data Protection ,
Enforcement ,
FCC ,
Internet ,
National Security ,
Net Neutrality ,
Open Internet Rules ,
Preemption ,
Privacy Laws ,
Public Safety ,
Telecommunications ,
Transparency ,
Website Accessibility
On Monday this week, Anna Gomez was formally sworn in as the FCC's fifth commissioner, bringing the Commission back to its full complement and giving Chairwoman Rosenworcel a third Democratic vote. The very next day,...more
Oregon becomes the 12th state with a comprehensive consumer data privacy law -
The Oregon Consumer Privacy Act (OCPA) became law on July 18, 2023. Oregon is the twelfth state to enact a comprehensive consumer data privacy...more
7/20/2023
/ Consumers ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Data Security ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Oregon ,
Personal Data ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
The Texas Data Privacy and Security Act (TDPSA) became law on June 16, 2023. Texas becomes the 11th state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado, Connecticut, Utah, Iowa,...more
7/7/2023
/ Biometric Information ,
Compliance ,
Consent ,
Data Privacy ,
Data Protection ,
Data Security ,
Fair Credit Reporting Act (FCRA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Non-Discrimination Rules ,
Notice Requirements ,
Opt-Outs ,
Popular ,
Private Right of Action ,
Reporting Requirements ,
SBA ,
Sensitive Personal Information ,
Small Business ,
State Privacy Laws ,
Texas
The Connecticut legislature passed and the governor recently signed amendments to the Connecticut Data Privacy Act (CTDPA), the state's comprehensive consumer data privacy law, which goes into effect July 1, 2023. Some...more
7/3/2023
/ Confidential Information ,
Connecticut ,
Data Privacy ,
Email ,
Enforcement Actions ,
Minors ,
New Amendments ,
Personal Data ,
PHI ,
Sensitive Personal Information ,
Social Media
Montana is the ninth state to enact a comprehensive consumer data privacy law -
Montana Governor Greg Gianforte signed the Montana Consumer Data Privacy Act (MTCDPA) on May 19, 2023, after unanimous passage through the...more
On April 27, 2023, Washington Governor Jay Inslee signed into law the My Health My Data Act (the "Act"), which will regulate the collection, use, and disclosure of "consumer health data" ("Consumer Health Data" or "CHD"). The...more
5/2/2023
/ Business Associates ,
Covered Entities ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
Patient Privacy Rights ,
PHI ,
Private Right of Action
Regulators, both in the United States and around the globe, are showing greater concern about the potential risks of using generative artificial intelligence (AI) systems for commercial and business purposes. The Federal...more
The California Privacy Protection Agency ("CPPA" or "Agency") is seeking preliminary comments on proposed rulemaking for risk assessments and cybersecurity audits for higher-risk data processing activities, and consumer...more
One can scarcely browse the internet without encountering a story on the use of Artificial Intelligence (AI) by businesses or websites. While recently most attention has focused on generative AI and the increasing use of chat...more
The Colorado Attorney General's Office has published its much-anticipated proposed rules (Proposed Rules) implementing the Colorado Privacy Act (CPA), which, as we discussed in an earlier blog post, was enacted on July 7,...more
The Office of the California Attorney General (OAG) announced on August 24, 2022, a settlement with Sephora, Inc., as part of a recent enforcement sweep of online retailers. OAG alleged Sephora violated the California...more
The Federal Trade Commission has formally launched a rulemaking proceeding that nominally is focused on consumer privacy issues, but actually raises significant questions about the impact of artificial intelligence/machine...more
The Federal Trade Commission (FTC) may have just taken its first steps towards the creation of generally applicable federal privacy and security rules. On Aug. 11, 2022, the FTC published an advance notice of proposed...more
Following the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization overruling Roe v. Wade, businesses and organizations that process personal data—including those outside the health or reproductive...more
Update March 31, 2022: Utah Governor Spencer Cox signed the bill into law March 24, 2022.
With passage of the Utah Consumer Privacy Act (UCPA), Utah will become the fourth state to adopt omnibus consumer privacy...more
The California Office of Attorney General (OAG) on March 10, 2022, issued its first opinion interpreting the California Consumer Privacy Act (CCPA), addressing when businesses must disclose internally generated "inferences"...more
With passage of the Utah Consumer Privacy Act (UCPA), Utah will become the fourth state to adopt omnibus consumer privacy legislation—following California, Virginia, and Colorado— when Utah Governor Spencer Cox signs the...more
Leading on the data privacy front again after passing one of the toughest biometric data privacy laws in the nation, Illinois is now the first state to expressly limit law enforcement access to household digital device data....more
On July 7, Colorado became the third state to enact comprehensive data privacy legislation, following California and Virginia. The Colorado Privacy Act (CPA), modeled largely after its predecessor in Virginia (the Consumer...more
A class action lawsuit will proceed against Google over its collection of data from users browsing in "incognito mode," as District Judge Lucy Koh denied Google's motion to dismiss on March 12, 2021. In Brown v. Google, Judge...more