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New Federal Privacy Bill Draft Hits Congress

On April 7, Representative Cathy McMorris Rodgers (R-Wash.), Chair of the U.S. House Committee on Energy and Commerce Chair, and Senator Maria Cantwell (D-Wash.), Chair of the Senate Committee on Commerce, Science and...more

Navigating China’s Data Security Laws in US Discovery

The enactment of China’s Cybersecurity Law (CSL), Data Security Law (DSL), and Personal Information Protection Law (PIPL, together with the CSL and the DSL, “Data Security Laws”) has significantly reshaped the landscape of...more

Kentucky Nears Enactment of a Comprehensive Privacy Law

On March 11, the Kentucky Senate passed the Kentucky Consumer Data Protection Act (KCDPA or the “Act”) (House Bill 15) by a unanimous 35-0 vote. Upon House concurrence and the governor’s signature, the Act would become the...more

FTC Enters Consent Agreement With Blackbaud Following Major Data Breach

On February 1, the Federal Trade Commission (FTC or “the Commission”) announced that it had reached a settlement with Blackbaud, a software company, resolving claims related to a 2020 data breach that resulted in the...more

FTC Calls Out Genetic Data as an Enforcement Priority

The Federal Trade Commission (FTC) recently published a post on their Business Guidance Blog discussing lessons learned from three enforcement actions against sellers of genetic testing products. These guidelines address...more

FTC Publishes Proposed Amendments to COPPA Rule

On December 20, the Federal Trade Commission (FTC or “the Commission”) published a notice of proposed rulemaking (NPRM) proposing amendments to the Children’s Online Privacy Protection Rule (the “COPPA Rule” or the “Rule”)....more

The EU Reaches a Political Agreement on the AI Act

On December 8, representatives from the European Commission, the European Parliament, and the Council of the European Union (EU) reached political agreement on the shape and contents of the EU’s AI Act (the “Act”), setting...more

FTC Announces Enforcement Action Against Global Tel*Link Corporation for Unfair Data Security Practices and Inadequate Data Breach...

On November 16, the Federal Trade Commission (FTC) announced an enforcement action against Global Tel*Link Corporation and two of its subsidiaries (collectively, “GTL”), which provide communications and payment services to...more

Data Privacy Meets Sports Betting in the Bay State

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

FTC Announces Enforcement Action Against 1Health.io for Inadequate Protection of Genetic Data and Unfair Privacy Policy Changes

On June 16, the Federal Trade Commission (FTC) announced an enforcement action against 1Health.io Inc. (“1Health,” also known as Vitagene, Inc.), a genetic testing company that analyzes consumer-provided DNA samples and uses...more

Texas Set to Become the Tenth State with a Comprehensive Privacy Law

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

FTC Brings Second Enforcement Action Against Healthcare Company for Violating the Health Breach Notification Rule

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

FCC Proposes Changes to Data Breach Rules and Reporting Requirements

On January 6, 2023, the Federal Communications Commission (FCC or the “Commission”) released a Notice of Proposed Rulemaking (“Notice”) with updates to its data breach rules and reporting requirements. Considering the growing...more

FTC Announces Six-Month Delay of Compliance Deadline for Updated Safeguards Rule

On November 15, the Federal Trade Commission (FTC) announced a six-month delay of the deadline by which companies must comply with recent amendments to its Standards for Safeguarding Customer Information (“the Safeguards...more

$8 Million Multistate Settlement Resolves 2019 Data Breach Investigation

State Attorneys General settle with Wawa, Inc. for 2019 data breach that compromised approximately 34 million payment cards used by consumers. On July 26, 2022, Acting New Jersey Attorney General Matthew J. Platkin...more

FTC Publishes Guidance on New Safeguards Rules

On May 24, 2022, the Federal Trade Commission (FTC) released a new publication aimed at offering financial institutions and their service providers guidance on the FTC’s recently revised Safeguards Rule under the...more

FTC Takes Action Against Online Merchandise Platform Over Data Breach & Privacy Practices

In the latest of a flurry of FTC actions, the agency recently announced that it had entered into a consent order with CafePress, an online customized merchandise platform, over allegations that it failed to secure consumers’...more

A First Look at the European Commission’s Proposal for a Draft Data Act

The European Commission has presented its draft Data Act, which will affect a broad range of companies and heavily emphasizes data accessibility and fairness. Companies should begin to evaluate their current practices and...more

Colorado AG Provides Clarity on Appropriate Security Practices

The Colorado AG recently provided guidance on data security best practices. Companies doing business in Colorado, especially those subject to the Colorado Privacy Act, should be paying attention to what is required under...more

The Past, Present and Future of US Privacy Law

Despite its antecedents in one of the most widely cited law review articles of all time from more than 130 years ago, modern United States privacy law is roughly twenty years old. Even though still in its relative infancy,...more

10 Areas Of Privacy Law That Look Ripe For Change In 2021

While still in its relative infancy, privacy law has quickly become a turbulent teenager, with constant change around the world. At a minimum, 2021 will require meaningful efforts to implement the changes of 2020, with a...more

Top Five Health-Care Privacy, Security Developments to Watch in 2021

Health-care privacy is at a crossroads. For almost 20 years, the health-care industry has addressed the requirements of the HIPAA Privacy and Security Rules, building reasonable and appropriate compliance programs from an...more

New FTC Data Security Order Shows Trend in Increased Accountability for Data Security Post-Order

On June 12, 2019 Lightyear Dealer Technologies LLC, a company that provides data storage for many of the nation’s largest auto dealers, stipulated to an Order with the Federal Trade Commission (FTC) resulting from a 2016 data...more

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