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Amendment to CCPA Would Require Consumer OptOut Elections to be Preserved Following M&A Transactions

Data privacy and security risk and compliance issues relating to exchanges of personal information during merger, acquisition, and similar transactions can sometimes be overlooked. In 2023, we summarized an enforcement action...more

Maryland Passes Comprehensive Data Privacy Law, Joining the Swelling State Ranks

Maryland’s governor recently signed the Maryland Online Data Privacy Act of 2024 (MODPA), making Maryland one of six states—along with Kentucky, Nebraska, New Hampshire, New Jersey, and Rhode Island—to pass a comprehensive...more

Nebraska Passes Genetic Information Privacy Act

On February 13, 2024, Nebraska’s Governor signed Legislative Bill 308, which enacts additional consumer protections for consumers in the state. It is similar to another genetic information law passed by Montana last year. ...more

Connecticut Adds Protections for Health Data and Minors to Privacy Law

On June 26, 2023, the Governor of Connecticut signed Senate Bill (SB) 3 which set forth new requirements related to consumer health data and protections for minors online. As Connecticut’s comprehensive consumer privacy...more

Washington State’s My Health, My Data Act Sent to Governor

Since the privacy and security regulations were issued under the federal Health Insurance Portability and Accountability Act (HIPAA), critics pointed to the limitations on the reach of those rules. A critical limitation...more

Iowa’s Governor Signs Comprehensive Consumer Privacy Law

On March 28, 2023, Iowa’s Governor signed Iowa’s new statute relating to consumer data protection. Iowa joins California, Colorado, Connecticut, Utah, and Virginia in the ever-growing patchwork of consumer privacy laws across...more

FTC Focuses on Pixel Tracking, and Not Just at Healthcare Companies

The Federal Trade Commission (FTC) recently took enforcement action against digital healthcare companies for sharing user information vie third-party tracking pixels, which enable the collection of user data....more

HIPAA Regulated Entities: Website or App Tracking Technologies, Pixels Can Create Significant Compliance and Litigation Risks

Last month, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a bulletin with guidance concerning the use of online tracking technologies by covered entities and business associates...more

Top 10 Blog Posts for the Workplace Privacy, Data Management & Security Report for 2022

As the year comes to a close here are some of the highlights from the Workplace Privacy, Data Management & Security Report with our Top 10 most popular posts of 2022:.....more

Federal Trade Commission Considers Rulemaking Pertaining to Consumer Privacy & Data

On August 11, 2022, the Federal Trade Commission (FTC) announced proposed rulemaking pertaining to “commercial surveillance and lax data security.” However, the overall focus of the potential rulemaking is consumer privacy...more

Congress Releases Draft Federal Privacy Law with Potential Traction To Pass

The federal government has been trying to reach a consensus on data privacy and thus far has failed to pass legislation. On June 3, 2022, a bipartisan draft bill, titled the American Data Privacy and Protection Act was...more

From Time Keeping to Dashcams, BIPA Litigation Continues

The use of smart dashcams and vehicle cameras, including those leveraging AI technology, may trigger the next wave of BIPA litigation, according to two cases filed in Illinois this week. Enacted in 2008, the Illinois...more

California Expands Privacy and Security Requirements for Genetic Data

With health-related data and how to protect it at the forefront of discussion since the start of the COVID-19 pandemic, this week California Governor Gavin Newsom signed into law two bills related to genetic data. First, AB...more

Baltimore Officially Bans Private Use Of Facial Recognition Technology

Yesterday, Baltimore’s local ordinance prohibiting persons from “obtaining, retaining, accessing, or using certain face surveillance technology or any information obtained from certain face surveillance technology,” became...more

CPRA Series: Redux On Data Security Requirements And Private Right Of Action

The California Privacy Rights Act (CPRA), passed in November, 2020, added to the California Consumer Privacy Act (CCPA) an express obligation for covered businesses to adopt reasonable security safeguards to protect personal...more

You Have Heard Of The BIPA, But What About The GIPA?

Enacted in 2008, the Illinois Biometric Information Privacy Act, 740 ILCS 14 et seq. (the “BIPA”), went largely unnoticed until a few years ago when a handful of cases sparked a flood of class action litigation over the...more

California Passes Prop 24: Here Comes CCPA 2.0

It goes without saying that November 3rd 2020 was an important day for the future of the nation, but it was also a significant day for the future of California privacy law. On Tuesday, a strong majority of California voters...more

COVID-19 Screening Program Can Lead To Litigation Concerning Biometric Information, BIPA

As organizations aim to return to some type of normalcy, and help ensure a healthy and safe workplace, many have implemented COVID-19 screening programs that check for symptoms, and an employee’s recent travel and potential...more

California DOJ Announces A Third Set Of Modifications To The CCPA Regulations

Back in August, after much anticipation and several rounds of review and modification, the California Consumer Privacy Act (CCPA) regulations finally became effective. This was long awaited by businesses and their service...more

The CCPA’s “B2B” Exemption Is Also Extended By Governor Newsom

By signing AB 1281 into law on September 29th, 2020, California Governor Gavin Newsom amended the California Consumer Privacy Act (“CCPA”) to extend until January 1, 2022, not only the current exemption on employee personal...more

California Governor Newsom Signs Into Law Extension To CCPA Employee Personal Information Exemption, Vetoes Another Privacy Bill

On September 29th, California Governor Gavin Newsom signed into law AB 1281, an amendment to the California Consumer Privacy Act (“CCPA”) that would extend the current exemption on employee personal information from most of...more

California Assembly Passes CCPA Amendment: Employee Personal Information Exemption Extension

The California Consumer Privacy Act (“CCPA”) has only been in effect since January, but amendments are already on the horizon. Personal information in the employment context was highly contested during the CCPA’s amendment...more

National Biometric Information Privacy Act, Proposed By Sens. Jeff Merkley And Bernie Sanders

Whether it is facial recognition technology being used in connection with COVID-19 screening tools and in law enforcement, continued use of fingerprint-based time management systems, or the use of various biometric...more

Will The Public Health Emergency Privacy Act Make It Into the Next Stimulus Package?

Despite several attempts, Congress has struggled to push forward a federal consumer privacy law over the past few years. But the COVID-19 pandemic, which has raised concerns regarding location monitoring, GPS tracking and use...more

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