On August 9, 2023, India passed a data protection law that will govern how entities who process users’ personal data. The Digital Personal Data Protection Act (“the Act”) will establish guardrails for how organizations should...more
8/21/2023
/ Consent ,
Data Privacy ,
Data Processing Rules ,
Extraterritoriality Rules ,
Fiduciary Duty ,
India ,
International Data Transfers ,
Legislative History ,
New Legislation ,
Personal Data ,
Privacy Laws
The Massachusetts Gaming Commission recently approved regulations to ensure data privacy and security for sports betters in the Commonwealth. On August 8, 2023, the commissioners approved 205 CMR 257, Sports Wagering Data...more
Over the past year, the Federal Trade Commission (FTC) has emerged as a leading actor in the health privacy enforcement space, spearheading enforcement actions, policy statements, and regulatory changes all aimed at...more
8/7/2023
/ Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Privacy ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
Personal Information ,
PHI ,
Privacy Laws
On June 30, 2023, the Washington Attorney General (AG) published a series of Frequently Asked Questions (FAQs) related to the My Health My Data Act (MHMDA). As we discussed previously, the MHMDA will impose new requirements...more
On June 30, the Delaware legislature passed the Personal Data Privacy Act (“the Act”). The Act now moves to the Delaware Governor’s desk for consideration and, if signed into law, will make Delaware the seventh state this...more
7/11/2023
/ Advertising ,
Advertising to Minors ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Processors ,
Minors ,
Notice Requirements ,
Opt-Outs ,
Pending Legislation ,
Personal Data ,
Sensitive Personal Information ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices
As of June 25, 2023, the Oregon House and Senate have signed Senate Bill 619 (the “Act”), which previously passed in the House 54-0. The Act now moves to the Oregon Governor’s desk for signature (and is set to become law as...more
6/27/2023
/ Consumer Privacy Rights ,
Data Controller ,
Data Privacy ,
Data Processors ,
Enforcement ,
Exemptions ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Opt-Outs ,
Pending Legislation ,
Sensitive Personal Information ,
State Privacy Laws
As we move into the summer months, state comprehensive privacy law developments continue to steadily emerge. Most notably, in the weeks since our last update, the Texas legislature passed the Texas Data Privacy and Security...more
On May 31, the Federal Trade Commission (FTC or Commission) announced two separate enforcement actions against Amazon—one involving its cloud-based voice service, Alexa, and the other involving Ring, its smart doorbell...more
6/7/2023
/ ALEXA ,
Amazon ,
Artificial Intelligence ,
Biometric Information ,
Consumer Privacy Rights ,
COPPA ,
Corporate Counsel ,
Cybersecurity ,
Data Deletion ,
Data Privacy ,
Deceptive Intent ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Personal Data ,
Popular ,
Settlement ,
Unfair or Deceptive Trade Practices
On May 28, 2023, the Texas legislature reached an agreement (by conference committee) on the Texas Data Privacy and Security Act (the Act), setting the stage for Texas to become the tenth state with a comprehensive privacy...more
On May 17, 2023, the Federal Trade Commission (the “FTC”) reached a settlement with Easy Healthcare Corporation (“Easy Healthcare”), for its fertility-tracking app, Premom. The agency alleged that Easy Healthcare failed to...more
5/25/2023
/ Corporate Counsel ,
Data Privacy ,
Data Security ,
Data-Sharing ,
Electronic Protected Health Information (ePHI) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach Notification Rule ,
Mobile Apps ,
Mobile Health Apps ,
PHI ,
Policy Statement ,
Risk Mitigation
The weeks since our last update have seen continued developments in the state comprehensive privacy law arena. Bills passed by the Indiana, Tennessee, and Montana legislatures were officially signed into law by those states’...more
On May 18, the Federal Trade Commission (FTC) issued a policy statement warning about the increased use of consumers’ biometric information and related marketing of technologies that use biometric information. The agency...more
5/23/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Data Collection ,
Data Privacy ,
Data Protection ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
FTC Act ,
Policy Statement ,
Protected Class ,
Section 5 ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices
On May 4, the Florida House passed an amended version of SB 262, a bill establishing the Florida Digital Bill of Rights. The bill now moves to Governor Ron DeSantis’s desk for signature. ...more
This legislative session has been marked by the continuing growth of the nation’s patchwork of state comprehensive privacy laws, and the weeks since our last update have been no exception. April saw state legislatures in...more
On Friday, April 21, the Montana and Tennessee state legislatures approved comprehensive privacy law proposals. In Montana, the state senate passed an amended version of the Montana Consumer Data Privacy Act (SB 384) in a...more
On Monday, April 17, the Washington House passed an amended version of the My Health My Data Act (HB 1155) (the “Act”), a bill that would impose sweeping new requirements on the collection, processing, and sale of consumer...more
The past two weeks have seen continued progress on proposed comprehensive privacy legislation across multiple states. Most notably, on March 28, Iowa Governor Kim Reynolds signed SF 262 into law, officially making Iowa the...more
The state comprehensive privacy law legislative process has officially kicked into high gear. Of course, the primary development since our last update is Iowa’s passage of SF 262, which positions Iowa to become the sixth...more
On Wednesday, March 15, the Colorado Attorney General’s Office announced the finalization of the Colorado Privacy Act Rules (“Rules”). The Rules implement the Colorado Privacy Act (CPA), a comprehensive privacy law enacted in...more
On Wednesday, March 15, the Iowa House passed Senate File 262 (SF 262), a comprehensive state privacy law similar to the ones that are already in effect in five US states. The bill had previously passed the Senate on March 6,...more
Since our last update, comprehensive privacy law proposals have continued to emerge and progress through state legislatures. Most notably, five bills have now passed a legislative chamber, with Hawaii’s Consumer Data...more
On Thursday, March 2, the FTC announced an enforcement action against BetterHelp, Inc., an online mental health counseling service, relating to claims that the company’s collection and use of consumer health data were unfair...more
3/8/2023
/ Advertising ,
Data Breach ,
Data Privacy ,
Enforcement Actions ,
Enforcement Authority ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
LGBTQ ,
Mental Health ,
Pharmacies ,
Section 5 ,
Settlement ,
Telehealth ,
Unfair or Deceptive Trade Practices
In addition to the numerous comprehensive privacy laws that have been proposed in at least 20 states thus far in 2023, legislative trends demonstrate an emerging focus on regulations that address specific types of...more
Since the start of the 2023 legislative session, at least 15 biometric privacy law proposals have emerged across 11 states (including Arizona, Hawaii, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, New York,...more
On February 17, 2023, the Illinois Supreme Court held in a 4-3 split opinion that claims under the state’s Biometric Information Privacy Act (BIPA) accrue each time there is a biometric collection or transmission constituting...more