Following the Supreme Court’s ruling overturning Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, the Biden Administration has outlined a framework for federal executive action designed to protect access to...more
7/21/2022
/ Biden Administration ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Dobbs v. Jackson Women’s Health Organization ,
Executive Orders ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
New Guidance ,
PHI ,
Reproductive Healthcare Issues
On June 23, 2022, Congressman Patrick McHenry (NC-10), released a discussion draft (“Discussion Draft”) of new legislation set to amend the Gramm-Leach-Bliley Act (GLBA) with the intent to “modernize GLBA to better align...more
7/1/2022
/ Congressional Committees ,
Congressional Investigations & Hearings ,
Consumer Privacy Rights ,
Data Collection ,
Discussion Draft ,
Financial Institutions ,
GLBA Privacy ,
Gramm-Leach-Blilely Act ,
Preemption ,
Proposed Legislation ,
Regulatory Authority
Employee communications and use of company devices are often key issues in trade secret and related litigation. United States law, for the most part, has been very supportive of an employer’s ability to engage in aggressive...more
This week, the American Data Privacy and Protection Act (ADPPA), H.R. 8152, was formally introduced in the House by Representatives Frank Pallone (D-NJ), Cathy McMorris Rodgers (R-WA), Janice Schakowsky (D-IL), and Gus...more
On June 15, 2022, Senator Elizabeth Warren introduced Senate Bill S.4408, Health and Location Data Privacy Act of 2022 (the “Bill”). The Bill, co-sponsored with Senators Ron Wyden, Patty Murray, Sheldon Whitehouse, and Bernie...more
On June 14, the U.S. House Committee on Energy and Commerce’s Subcommittee on Consumer Protection and Commerce held a legislative hearing on the American Data Privacy and Protection Act (ADPPA) titled, “Protecting America’s...more
As a follow-up to their release of draft regulations (“Draft Regulations”) for the California Privacy Rights Act (CPRA) (which we covered in this article), the California Privacy Protection Agency (“Agency”) released an...more
Last week, Representatives Frank Pallone (D-NJ) and Cathy McMorris Rodgers (R-WA) and Senator Roger Wicker (R-MS) released a draft federal privacy proposal titled the American Data Privacy and Protection Act (ADPPA). ADPPA is...more
6/8/2022
/ California Consumer Privacy Act (CCPA) ,
Congressional Committees ,
Consumer Privacy Rights ,
Covered Entities ,
Data Privacy ,
Duty of Loyalty ,
Enforcement ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Preemption ,
Private Right of Action ,
Proposed Legislation ,
Sensitive Personal Information ,
State Privacy Laws
The California Privacy Protection Agency (CPPA) recently released draft regulations for the California Privacy Rights Act (CPRA) (Draft Regulations). These Draft Regulations come roughly two months before the agency is...more
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
On May 27, 2022, the California Privacy Protection Agency (CPPA) released draft regulations for the California Privacy Rights Act (CPRA) (Draft Regulations). The Draft Regulations come roughly two months before the agency is...more
On May 16, 2022, the European Data Protection Board (EDPB), the independent body of data protection supervisors that promotes consistent data protection rules and application thereof throughout the European Union (EU),...more
5/31/2022
/ Artificial Intelligence ,
Biometric Information ,
Corporate Counsel ,
Corporate Fines ,
Data Protection Authority ,
Enforcement Actions ,
EU ,
European Data Protection Board (EDPB) ,
Facial Recognition Technology ,
General Data Protection Regulation (GDPR) ,
Law Enforcement ,
New Guidance ,
Personal Data ,
Right to Privacy
On May 3, 2022, the European Commission published a proposal for a Regulation on the European Health Data Space (EHDS) (“EHDS Regulation”, or “Proposal”). With the Proposal, the European Commission aims to make significant...more
5/26/2022
/ Digital Health ,
Electronic Health Record Incentives ,
Electronic Protected Health Information (ePHI) ,
EU ,
European Commission ,
General Data Protection Regulation (GDPR) ,
Life Sciences ,
Member State ,
Patient Privacy Rights ,
Popular ,
Proposed Regulation
On May 19, 2022, the Federal Trade Commission (FTC or the “Commission”) including Commissioner Alvaro M. Bedoya in his first sitting since being sworn in to the Commission, held an open meeting to discuss two critical topics:...more
5/26/2022
/ Administrative Authority ,
Advertising ,
Compliance ,
COPPA ,
Data Collection ,
Educational Institutions ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Online Reviews ,
Public Comment ,
Public Meetings ,
Public Policy ,
Public Schools ,
Testimonial Statements ,
Virtual Education Tools
On Wednesday, May 11, after a lengthy delay, the US Senate voted 51-50 to confirm Alvaro M. Bedoya as a Commissioner of the Federal Trade Commission (“FTC” or “Commission”), and he was sworn in on May 16. Bedoya fills the...more
On April 19, 2022, the Better Business Bureau’s (BBB) Center for Industry Self-Regulation introduced the TeenAge Privacy Program (TAPP), an emerging initiative that sets out to help companies develop a teen-centric approach...more
5/4/2022
/ Behavioral Advertising ,
Better Business Bureau ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consent ,
COPPA ,
Data Retention ,
Data-Sharing ,
Federal Trade Commission (FTC) ,
Online Advertisements ,
Online Platforms ,
Parental Consent ,
User-Generated Content
In our third California Privacy Update, we continue to closely follow potential privacy law updates in California. ...more
On April 20, 2022, Connecticut’s Senate passed S.B. 6, an Act concerning Personal Data Privacy and Online Monitoring. The comprehensive privacy bill will now move to the Connecticut House, where it has the potential to become...more
On April 21, 2022, the U.S. Department of Commerce Secretary Gina Raimondo (the “Department”) announced a key development in international collaboration concerning cross-border data flows with the newly created Global...more
U.S. privacy law is undergoing dramatic change on an accelerating pace. New laws across the country address specific industries, certain kinds of data, and various concerning practices. There is international pressure to...more
4/22/2022
/ Antitrust Provisions ,
Competition Authorities ,
Data Privacy ,
Data Protection Authority ,
Facebook ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Legislative Agendas ,
Personal Data ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Requirements ,
Right to Privacy ,
Social Networks
Colorado, as the third U.S. state to adopt a comprehensive privacy law, is making significant strides in its rule-making activities. On April 12, 2022, the Colorado Attorney General’s Office issued prepared remarks from...more
On March 29 and March 30, 2022, the Board of the California Privacy Protection Agency (CPPA or “Agency”) conducted informational sessions on the California Privacy Rights Act (CPRA) and allowed public comment on its...more
On March 18th, 2022, Sri Lanka enacted the Personal Data Protection Act, No. 9 of 2022 (the “Act” or “PDPA”) thereby becoming the first South Asian country to enact comprehensive data protection legislation. The law is...more
On March 25, 2022, US President Joe Biden and European Commission President Ursula von der Leyen made the long-awaited announcement that the United States and the European Union have agreed, in principle, to the...more
Several comprehensive privacy bills are being considered at the state level. This blog post provides notable updates on bills companies should be paying attention to as they move through their respective legislatures....more