With new comprehensive privacy laws in Texas and Oregon going into effect on Monday, July 1, we invited enforcers from the Texas and Oregon Attorneys General Offices – Tyler Bridegan and Kristen Hilton – to join our Wiley...more
7/1/2024
/ Collaboration ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Documentation ,
Enforcement ,
GLBA Privacy ,
Oregon ,
Risk Assessment ,
Risk Management ,
State Privacy Laws ,
Texas
Over the weekend, lawmakers unveiled the latest push for a federal privacy law – the American Privacy Rights Act (APRA). The bill was circulated as a discussion draft by Sen. Maria Cantwell (D-WA), Chair of the Senate...more
4/11/2024
/ California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Federal Trade Commission (FTC) ,
FTC Act ,
Government Entities ,
Minors ,
Nonprofits ,
Privacy Framework ,
Private Right of Action ,
Right to Delete ,
Right-To-Access ,
Small Business ,
Social Media ,
Third-Party Service Provider ,
Transparency
2024 has started off with a bang for state privacy law developments. Only two months into the new year, there has been significant enforcement activity in California and Connecticut – with the California Privacy Protection...more
A recent spate of successful legal challenges has provided some relief from the ever-swelling wave of state privacy laws. The legal bases of these challenges vary, but taken together, they highlight that state privacy laws –...more
10/6/2023
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
COPPA ,
Corporate Counsel ,
Data Collection ,
Data Management ,
Data Protection Impact Assessments (DPIAs) ,
First Amendment ,
New Regulations ,
Online Safety for Children ,
State Privacy Laws
On Friday, June 30, 2023, a California state superior court ruled that any California Privacy Rights Act (CPRA) regulation may not be enforced until one year after the regulation is promulgated. Practically speaking, this...more
It has been an active legislative season, with numerous states advancing new data privacy laws. In May, Indiana, Montana, and Tennessee joined Iowa in adopting new privacy laws, while the legislature in Texas sent an omnibus...more
6/8/2023
/ Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data Protection Impact Assessments (DPIAs) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
NIST ,
Online Safety for Children ,
Opt-Outs ,
Personal Data ,
Privacy Laws
On January 26, the National Institute of Standards and Technology (NIST) published its much anticipated AI Risk Management Framework 1.0 (AI RMF or Version 1.0), a risk-management resource for organizations designing,...more
The Chairwoman of the Federal Communications Commission recently articulated a new vision of that agency’s role in the nation’s cybersecurity. The FCC, as an independent agency with a relatively discrete set of regulatory...more
2023 already is a landmark year for privacy regulation. As of January 1, 2023, two new privacy laws are now in effect: (1) the California Privacy Rights Act (CPRA), which amends the California Consumer Privacy Act (CCPA), and...more
On October 20, 2022, the Federal Trade Commission (FTC) announced the launch of a new rulemaking process to address how fees are charged for goods or services, focusing on potentially “deceptive or unfair” fees that the FTC...more
10/24/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Advertising ,
AMG Capital Management LLC v FTC ,
Corporate Counsel ,
Cybersecurity ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Fees ,
FTC Act ,
Marketing ,
Proposed Rules ,
Surveillance ,
Unfair or Deceptive Trade Practices
On August 11, 2022, the Federal Trade Commission (FTC) released its much anticipated advance notice of proposed rulemaking (ANPR), titled “Trade Regulation Rule on Commercial Surveillance and Data Security.” The ANPR is the...more
8/12/2022
/ Administrative Procedure Act ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Communications Decency Act ,
Consent ,
Consumer Financial Products ,
Corporate Counsel ,
Data Collection ,
Data Security ,
Federal Register ,
Federal Trade Commission (FTC) ,
FTC Act ,
Surveillance ,
Transparency ,
Unfair or Deceptive Trade Practices
Big changes are underway in California privacy, with a brand new privacy agency, forthcoming new privacy rules due by July, and a new comprehensive privacy framework going into effect in January 2023. As businesses subject to...more
Privacy In Focus®-
The last several years have seen major developments in state privacy laws. While Congress remains gridlocked on the federal privacy front, states enacted omnibus data privacy bills that will impact...more
1/19/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CDPA ,
Colorado ,
Comment Period ,
Compliance ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Mapping ,
Data Privacy ,
Data Protection ,
Privacy Policy ,
Proposed Amendments ,
State Data Privacy Laws ,
State Privacy Laws ,
Third-Party ,
Virginia
As 2021 draws to a close, businesses subject to California’s privacy laws should pay close attention to developments underway in that state that will have broad impacts on compliance strategies. On September 22, 2021, the...more
Companies subject to the California Consumer Privacy Act (CCPA) are required to update their online privacy policies “at least once every 12 months,” as detailed in the statute. For many companies that updated their CCPA...more
On June 8, 2021, the Colorado Legislature passed the Colorado Privacy Act (CPA or “Act”), moving Colorado close to becoming the third state in the nation with its own omnibus privacy law, joining California and Virginia. If...more
The Federal Trade Commission (FTC) has been in the headlines this month, following a significant U.S. Supreme Court decision that curbs its authority to seek monetary relief in federal court cases. However, this setback is...more
In March 2021, with the passage of the Consumer Data Protection Act (CDPA), Virginia took its place as the second state to enact comprehensive data privacy legislation. Virginia follows California, where voters recently...more
On January 11, 2021, the Federal Trade Commission (FTC) announced a proposed settlement with the photo storage and organization app developer Everalbum, Inc. (Everalbum) regarding its collection of biometric data and use of...more