On May 25, 2024, Minnesota Governor Tim Walz signed the Minnesota Consumer Data Privacy Act (the "Act"), which takes effect on July 31, 2025, for most controllers and on July 31, 2029, for certain postsecondary educational...more
6/5/2024
/ Consumer Privacy Rights ,
COPPA ,
Data Collection ,
Data Controller ,
Data Protection ,
Data Security ,
Data Selling ,
Enforcement ,
Fair Credit Reporting Act (FCRA) ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
Opt-Outs ,
Personal Data ,
PHI ,
State Privacy Laws ,
Targeted Digital Advertising
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
Swiftly on the heels of the U.S. announcing it fulfilled its commitments for implementing the EU-U.S. Data Privacy Framework (the Framework), the European Commission (the EC) formally recognized that commercial organizations...more
7/14/2023
/ Court of Justice of the European Union (CJEU) ,
Data Security ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Enforcement ,
EU Data Protection Laws ,
European Commission ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Liability ,
Notice Requirements ,
ODNI ,
Personal Data ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
US-EU Safe Harbor Framework
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
On June 14, 2023, the European Parliament approved amendments to the European Union (EU) Artificial Intelligence Act (AI Act or AIA) ("Parliament Proposal"). The AIA is the EU's primary proposed framework to regulate AI...more
On May 18, 2023, the Federal Trade Commission (FTC) issued a policy statement warning that the proliferation of technologies that use or claim to use biometric information may bring risks with regard to consumer privacy and...more
6/2/2023
/ Biometric Information ,
Data Collection ,
Data Security ,
Deep Fake ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Fingerprints ,
FTC Act ,
Innovative Technology ,
Section 5 ,
Unfair or Deceptive Trade Practices
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
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
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
On Nov. 2, 2016, the FCC released its long-awaited broadband privacy Order and rules by a 3-2 vote. The Order comes nearly 18 months after the Commission moved to reclassify broadband internet access service (“BIAS”) as a...more
11/11/2016
/ Breach Notification Rule ,
Broadband ,
Communications Act of 1934 ,
Customer Proprietary Network Information (CPNI) ,
Data Breach ,
Data Security ,
FCC ,
Federal Trade Commission (FTC) ,
Internet Service Providers (ISPs) ,
Personally Identifiable Information ,
Preemption ,
Section 222 ,
Telecommunications
As we have previously advised, the FCC’s proposed rulemaking to “protect the privacy of customers of broadband and other telecommunications services” (the “NPRM”) proposes sweeping changes to the ways that Internet Service...more
4/27/2016
/ Broadband ,
Cable Operators ,
Communications Act of 1934 ,
Customer Proprietary Network Information (CPNI) ,
Data Security ,
FCC ,
Federal Trade Commission (FTC) ,
Internet Service Providers (ISPs) ,
NPRM ,
Personally Identifiable Information ,
Section 222 ,
Telecommunications
As a privacy litigator, I could not help but observe an apparent contradiction in the way the Third Circuit allowed the FTC to pursue Wyndham Hotels for cybersecurity breaches under the FTC Act, but Judge Berman (SDNY)...more
9/11/2015
/ Cyber Attacks ,
Cyber Crimes ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Deflategate ,
Enforcement Actions ,
Federal Arbitration Act ,
Federal Trade Commission (FTC) ,
FTC v Wyndham ,
Hackers ,
New England Patriots ,
NFL ,
Tom Brady ,
Work Suspensions ,
Wyndham