On April 24, 2024, President Biden signed into law H.R. 815, which includes the Protecting Americans’ Data from Foreign Adversaries Act of 2024 (PADFA or the Act), a significant restriction on foreign data sales by U.S....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 July 13, 2023, the Federal Communications Commission (FCC or Commission) released a Draft Notice of Inquiry (Draft NOI or Draft) that would seek input on leveraging new technologies to collect and analyze data on...more
At the Federal Trade Commission’s (FTC or Commission) May 2023 Open Commission Meeting, the FTC voted unanimously to approve a Policy Statement on Biometric Information and Section 5 of the FTC Act (the Policy Statement). The...more
March wrapped up with several significant state privacy developments. First, on March 28, Iowa Governor Kim Reynolds signed Senate File 262 (SF 262) into law, making Iowa the sixth state to adopt comprehensive data privacy...more
4/7/2023
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
New Legislation ,
Opt-Outs ,
Personal Information ,
Sensitive Personal Information ,
State Privacy Laws
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
Of the five new state-level omnibus privacy laws that are going into effect in 2023, two authorize state-level rulemakings: the California Privacy Rights Act (CPRA) and the Colorado Privacy Act (CPA). These two states’...more
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
The Federal Trade Commission (FTC) recently published a blog post that highlights the agency’s continued focus on “highly sensitive data,” including information about a person’s health and precise location data. The blog...more
The Federal Trade Commission (FTC or Commission) now has a full slate of Commissioners with the confirmation and swearing-in of Commissioner Alvaro Bedoya, who brings an extensive background in privacy issues....more
6/29/2022
/ Algorithms ,
Artificial Intelligence ,
CafePress ,
COPPA ,
Data Collection ,
Data Security ,
Federal Trade Commission (FTC) ,
FTC Act ,
Notice Requirements ,
Personal Information ,
Surveillance
On May 27, 2022, the California Privacy Protection Agency (CPPA or Agency) released a much-anticipated draft of the regulations that would implement certain provisions of the California Privacy Rights Act (CPRA)....more
6/29/2022
/ Audits ,
California Privacy Rights Act (CPRA) ,
Consent ,
Consumer Requests ,
Data Collection ,
Data Processors ,
Disclosure Requirements ,
Enforcement Actions ,
New Regulations ,
Personal Information ,
Privacy Policy ,
Sensitive Personal Information
On June 3, 2022, Senator Wicker (R-Miss.), Ranking Member of the Senate Commerce Committee, and Representatives Pallone (D-N.J.) and Rodgers (R-Wash.), Chairman and Ranking Member of the House Energy and Commerce Committee,...more
6/10/2022
/ Biometric Information ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Processing Rules ,
Data Protection ,
Data Protection Acts ,
Data Retention ,
Federal Trade Commission (FTC) ,
Privacy Laws ,
Private Right of Action ,
Proposed Legislation
On March 3, 2022, the Federal Trade Commission (FTC) reached a settlement with WW International, Inc. (formerly known as Weight Watchers) and its subsidiary Kurbo, Inc. to resolve a complaint that the companies’ app – Kurbo...more
On March 3, 2022, the Utah House of Representatives passed a consumer privacy bill: the Utah Consumer Privacy Act. The bill had already passed the Utah Senate in February, and at the time of this writing, awaits a signature...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
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
Virginia recently became the second state to pass a comprehensive privacy law. What does it mean for you and your business? While the law is not effective until the beginning of 2023, it requires significant changes in how...more
On March 15, 2021, the California Attorney General (AG) issued further amendments to the implementing regulations of the California Consumer Privacy Act (CCPA), clarifying how a business must facilitate a consumer’s exercise...more
Earlier this week, the Commonwealth of Virginia became the second state to enact comprehensive consumer data privacy legislation, joining California. On March 2, Governor Ralph Northam signed the Consumer Data Protection Act...more
3/5/2021
/ CDPA ,
Consumer Privacy Rights ,
Data Collection ,
Data Controller ,
Data Management ,
Data Protection ,
Information Governance ,
Opt-Outs ,
Personal Data ,
Right to Delete ,
Right-To-Access ,
State Privacy Laws ,
Virginia
Speaking to the Future of Privacy Forum, Acting Federal Trade Commission (FTC) Chairwoman Rebecca Kelly Slaughter provided insight this week into how the Biden Administration intends to pursue privacy issues at the FTC. These...more
The California Privacy Rights Act (CPRA) – passed by voters in November – amends the California Consumer Privacy Act (CCPA) in a number of critical ways. Join us for a discussion of the CPRA’s key provisions, the issues on...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
On December 14, 2020, the Federal Trade Commission (FTC or Commission) issued extremely broad information and document production orders under Section 6(b) of the FTC Act (6(b) Orders) to nine social media and video streaming...more
On November 3, 2020, mere months after the California Consumer Protection Act (CCPA) took effect, California voters approved a ballot initiative that will significantly change that law and the privacy obligations for entities...more
Next month, California voters will cast their votes on Proposition 24, a ballot initiative that, if passed, will enact the California Privacy Rights and Enforcement Act of 2020 (CPRA). The CPRA would significantly amend the...more
10/27/2020
/ Ballot Measures ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Governance ,
Legislative Agendas ,
Personal Data ,
State and Local Government