In a recent blog post, the FTC again cautioned entities that hashing data does not make that data anonymous. Hashing is a process that takes a particular input, such as a phone number or email address, and uses a mathematical...more
ARTIFICIAL INTELLIGENCE -
What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023
Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more
2/7/2024
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Online Safety for Children ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
While the US does not have some specific AI-focused law a host of regulators have been providing their thoughts about AI. Noticeable traction on the topic began in 2020. With the explosion of ChatGPT in 2023, commentary (and...more
This year has been active on the state “comprehensive” privacy law front. Seven states passed new laws in 2023 (Delaware, Iowa, Indiana, Tennessee, Montana, Florida, and Oregon). These states joined California, Connecticut,...more
12/27/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
Privacy Policy ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
Among the various requirements under US state comprehensive privacy laws, those that relate to loyalty programs may be some of the most confusing. Only three states — California, Colorado and Florida — regulate these...more
A California court recently issued a ruling delaying the CPPA’s ability to enforce the most recent CCPA regulations until March 29, 2024. This does not delay enforcement of the CCPA statute or existing regulations....more
Florida has become the latest state to enact a comprehensive privacy law this year when SB 262 was signed by Governor DeSantis last week. It combines some new, and some familiar, provisions. It has also passed a child privacy...more
6/13/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Florida ,
Governor DeSantis ,
Online Safety for Children ,
Opt-In ,
Opt-Outs ,
Personal Data ,
Privacy Laws ,
Right-To-Access ,
Social Media ,
State Privacy Laws
On April 27, 2023, the state of Washington enacted a landmark privacy law aimed at protecting the privacy of health data not covered by HIPAA. This law, named the “My Health My Data Act,” covers a very wide range of entities,...more
Indiana has now become the seventh US state to enact a comprehensive privacy law after Senate Bill 5 (“SB5”) was signed by the governor on May 1, 2023. The new law will go into effect January 1, 2026, and is almost identical...more
In this second post in our ongoing series, we examine the scope of rights given to consumers under the recently enacted My Health My Data Act... The law provides consumers several rights, all of which are in other privacy...more
5/4/2023
/ Consumer Privacy Rights ,
Data Protection ,
Digital Health ,
Enforcement ,
Non-Discrimination Rules ,
Privacy Laws ,
Right to Delete ,
Right-To-Access ,
State and Local Government ,
State Privacy Laws ,
Washington
The California Privacy Protection Agency (CPPA) Board recently met and unanimously voted to finalize the proposed final CPRA regulations. This approved version was first released in January and updated those released in...more
With six months before the first of the new US state general privacy laws go into effect, there are several steps companies can take now to begin to prepare. Unfortunately there are some parts of compliance that will be...more
Connecticut just joined California, Colorado, Utah, and Virginia in passing a comprehensive privacy law. The Connecticut Data Privacy Act (CTDPA) goes into effect July 1, 2023, the same time as Colorado’s very similar law...more
5/12/2022
/ California ,
Colorado ,
Connecticut ,
Consumer Privacy Rights ,
Corporate Governance ,
Data Privacy ,
Data Security ,
Enforcement ,
Legislative Agendas ,
New Legislation ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws ,
Virginia
The Colorado AG’s office recently released pre-rulemaking considerations for the Colorado Privacy Act (CPA). The office is seeking informal public feedback on a series of topics. While the AG listed eight specific topics for...more
Utah recently joined California, Colorado, and Virginia in passing a comprehensive privacy law. It goes into effect December 31, 2023 and shares similarities with other states’ laws. Businesses may be glad to learn that Utah...more
The California AG recently issued an opinion interpreting the scope of information that should be provided to consumers in an access request. In responding to access requests, companies must provide a list of all personal...more
Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity...more
1/12/2022
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CAN-SPAM Act ,
CARU ,
CDPA ,
Consumer Privacy Rights ,
COPPA ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Employee Tracking ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Identity Theft ,
Machine Learning ,
Mobile Privacy ,
Ransomware ,
SCOTUS ,
TCPA
Google Play’s “data safety form” is now live. Developers can now submit the form for early review and feedback. Starting in April 2022, Google will require this label and a privacy policy for all new and existing apps. This...more
Colorado recently joined Virginia and California in passing a more comprehensive privacy law. The Colorado Privacy Act (CPA) will go into effect July 1, 2023. This is six months after Virginia’s law (CDPA) and California’s...more
7/14/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Colorado ,
Consumer Privacy Rights ,
Data Protection ,
Data Security ,
Enforcement ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
General Data Protection Regulation (GDPR) ,
Liability ,
New Legislation ,
Privacy Laws ,
State and Local Government
Nevada’s governor recently approved an amendment to their privacy law. As we covered previously, generally, this law affords consumers a right to opt out of the “sale” of their data to third parties. The amendment broadens...more
6/15/2021
/ Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Data Buyers ,
Data Privacy ,
Data Selling ,
Nevada ,
New Amendments ,
Opt-Outs ,
Privacy Laws ,
State and Local Government ,
Third-Party
Utah recently signed into law SB 227, creating the Genetic Information Privacy Act (GIPA). The law, which is anticipated to go into effect in May 2021, is aimed at protecting genetic data collected from direct-to-consumer...more
4/2/2021
/ Consent ,
Consumer Privacy Rights ,
Data Protection ,
Data Use Policies ,
Direct to Consumer Sales ,
Disclosure Requirements ,
DNA ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Genetic Materials ,
Genetic Testing ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Life Sciences ,
New Legislation ,
Notice Requirements ,
Privacy Laws ,
State and Local Government
Utah’s governor recently signed into law SB 227, creating the Genetic Information Privacy Act (GIPA). The law, which is anticipated to go into effect in May, is aimed at protecting genetic data collected from...more
3/30/2021
/ Consent ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Security ,
Data Use Policies ,
Enforcement Actions ,
Generic ,
Healthcare ,
Notice Requirements ,
Personal Information ,
Privacy Laws ,
Section 5 ,
State and Local Government ,
State Privacy Laws
On March 15, 2021, the California Office of Administrative Law (“OAL”) approved additional regulations to the CCPA. These regulations were originally proposed at the end of 2020 (which we covered here). The changes are...more
Virginia is now the second state, after California, to pass a comprehensive privacy law. The Consumer Data Protection Act (“CDPA”) will come into effect January 1, 2023 (the same time as the modification to California’s...more
3/9/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CDPA ,
Consumer Privacy Rights ,
Data Privacy ,
Enforcement Actions ,
Exemptions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Penalties ,
Personal Information ,
Privacy Laws ,
Virginia
The California AG has now released the final CCPA regulations, as approved by the Office of Administrative Law (OAL). The final draft (issued August 14, 2020) incorporates some relatively minor changes that the OAG submitted...more