2024 was another year of substantial legislative and regulatory advances at the international, federal, and state levels with regard to data protection law. Artificial intelligence (AI) regulation continued to hurdle forward...more
1/16/2025
/ Artificial Intelligence ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
New Legislation ,
Privacy Laws ,
Proposed Legislation ,
State Attorneys General ,
State Privacy Laws
On December 5, the Colorado AG’s Department of Law (“Department”) completed its most recent round of rulemaking and adopted a new set of rule amendments for the Colorado Privacy Act (“CPA”). On December 17, the adopted rules...more
On December 3, 2024, the Federal Trade Commission (FTC) announced two enforcement actions against large data aggregator companies, Mobilewalla, Inc. (“Mobilewalla”) and Gravy Analytics Inc. (“Gravy Analytics”), for alleged...more
In the past month, the California Privacy Protection Agency (CPPA) announced that it was beginning a public investigative sweep of data broker regulatory compliance and reached settlements with two data broker companies just...more
On October 24, 2024, the Supreme Judicial Court of Massachusetts issued its highly anticipated decision in Vita v. New England Baptist Hospital, rejecting a plaintiff’s attempt to pin Wiretap Act liability on two hospitals...more
Perhaps no use case better exemplifies the rapidly evolving privacy law landscape in the US than the legal framework surrounding companies’ use of cookies, pixels, and other web trackers.
Gone are the days where marketing...more
10/29/2024
/ Consumer Privacy Rights ,
Cookie Banners ,
Cookies ,
Data Collection ,
Data Privacy ,
Kohls ,
Privacy Laws ,
State Privacy Laws ,
VPPA ,
Web Tracking ,
Wiretapping
With the publication of a recent Notice of Proposed Rulemaking (NPRM), the Department of Justice National Security Division will soon become an important new regulator of transactions involving the transfer of sensitive U.S....more
10/29/2024
/ Biden Administration ,
China ,
Civil Investigation Demand ,
Comment Period ,
Compliance ,
Covered Person ,
Cross-Border Transactions ,
Data Retention ,
Department of Justice (DOJ) ,
Due Diligence ,
Executive Orders ,
International Data Transfers ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Personal Data ,
Proposed Rules ,
Regulatory Authority ,
Russia ,
Sensitive Personal Information
Colorado continues to be active with regard to its comprehensive privacy law. September 25, 2024 kicked off the official public comment period on the proposed draft amendments to rules promulgated under the Colorado Privacy...more
On September 25, 2024, the Federal Trade Commission (FTC) announced the launch of “Operation AI Comply,” an initiative created to tackle unfair and deceptive business practices involving the use of artificial intelligence...more
On September 18, the Texas Attorney General (AG) announced a settlement agreement with Pieces Technologies, Inc. (“Pieces”), a Dallas-based healthcare artificial intelligence (AI) research and development firm, resolving...more
10/10/2024
/ Artificial Intelligence ,
Corporate Counsel ,
Enforcement Actions ,
False Statements ,
Hospitals ,
Med Tech ,
Misleading Statements ,
PHI ,
Research and Development ,
Settlement ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
On August 30, the Federal Trade Commission (FTC) entered into a proposed settlement order with cloud-based physical security solutions provider, Verkada Inc. (“Verkada”), settling allegations of data security violations and...more
Artificial intelligence (AI) has been a hot topic in state legislatures across the country over the past year. As is common with technology-related issues, California has taken the lead in regulating the AI space. The...more
August 20, 2024 signaled the end of the California Privacy Protection Agency’s (CPPA) Notice of Proposed Regulatory Action (NPRA) comment period for Senate Bill 362, also known as the Delete Act (the “Act”)....more
9/11/2024
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Comment Period ,
Data Brokers ,
Minors ,
New Legislation ,
Personal Data ,
Proposed Regulation ,
Public Comment ,
Public Hearing ,
Registration Requirement ,
Reproductive Healthcare Issues
The Federal Trade Commission (FTC) has been actively flexing its authority as a privacy regulator in recent months. The agency has been especially focused on identifying data practices it views to be “unfair”, thereby...more
9/9/2024
/ Consent Order ,
Consumer Privacy Rights ,
Cookies ,
Data Collection ,
Data Privacy ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Marketing ,
Misrepresentation ,
Security and Privacy Controls ,
Third-Party Service Provider ,
Web Browsers ,
Web Tracking
On June 13, the Rhode Island legislature passed the Rhode Island Data Transparency and Privacy Protection Act (RIDTPPA) (H. 7787/S. 2500), with the bill passing into law on June 29....more
On June 18, the California Attorney General (“AG”) and Los Angeles City Attorney announced a settlement with Tilting Point Media, the maker of a mobile app game called “SpongeBob: Krusty Cook-Off,” resolving allegations that...more
6/28/2024
/ California Consumer Privacy Act (CCPA) ,
COPPA ,
Enforcement Actions ,
Online Safety for Children ,
Opt-In ,
Parental Consent ,
Popular ,
Privacy Policy ,
Settlement ,
State Attorneys General ,
Website Design
In the past several weeks, the Minnesota governor has signed into law the Minnesota Consumer Data Privacy Act, while the Vermont Data Privacy Act has been passed by the legislature and awaits the governor’s signature. Both of...more
The 2024 state legislative season is drawing to a close with several notable developments on the comprehensive privacy law front. Since our last update, the Maryland Online Data Privacy Act and Minnesota Consumer Data Privacy...more
On May 16, 2024, the Illinois General Assembly joined the Illinois Senate in approving S.B. 2979, a bill that amends the state’s landmark Biometric Information Privacy Act (BIPA) by limiting plaintiffs’ potential damages...more
The final weeks for many state legislatures have witnessed significant movements in the U.S. data privacy landscape. Last month, Nebraska Governor Jim Pillen signed the Data Privacy Act, LB1074, into law....more
5/22/2024
/ Compliance ,
Consumer Privacy Rights ,
COPPA ,
Data Controller ,
Data Privacy ,
Effective Date ,
FERPA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
PHI ,
Popular ,
Proposed Legislation ,
Sensitive Personal Information ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices
On Wednesday, May 8, the Colorado state legislature passed SB 205, a bill that is focused on preventing the discriminatory effects of high-risk artificial intelligence (AI)....more
As we move closer to the end of many states’ legislative sessions, a number of comprehensive privacy law proposals continue to work their way through the legislative process. Since our last update, Nebraska became the...more
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
On April 2, the California Privacy Protection Agency (CPPA or “the Agency”) issued the Agency’s first-ever enforcement advisory. The advisory (“Applying Data Minimization to Consumer Requests”) reaffirms data minimization as...more
The opening weeks of spring have seen comprehensive privacy law proposals continue to progress in state legislatures across the country. Since our last update, the Kentucky Consumer Data Protection Act (HB 15) received a...more