Montana recently revised its Genetic Information Privacy Act to address neural data. The law went into effect in 2023, and applies to both entities that offer genetic testing services as well as entities that use genetic...more
The Michigan Attorney General has filed a complaint against Roku, a popular TV content platform, alleging, among other things, violations of the Children’s Online Privacy Protection Act and the Video Privacy Protection Act...more
In the fifth in our series of California developments, we turn to data broker obligations. There are two of note. First, the California privacy agency is moving forward Delete Act regulations it proposed earlier this year....more
Regulations impacting children’s use of social media continues to be a space in motion the past few months. There have been developments at both the state level, as well as with the FTC. And there is no sign of slowing down....more
11/7/2024
/ COPPA ,
Data Collection ,
Data Privacy ,
Federal Trade Commission (FTC) ,
First Amendment ,
Florida ,
Legislative Agendas ,
Online Safety for Children ,
Parental Consent ,
Privacy Laws ,
Regulatory Agenda ,
Social Media ,
State Legislatures ,
State Privacy Laws
The EDPB released guidance last month to help companies understand their obligations when using newer tracking tools. These include pixels, URL tracking, IP-tracking, and the like. First, some background: an EU law that...more
11/1/2024
/ Accessibility Rules ,
Data Collection ,
Data Privacy ,
Data Protection ,
e-Privacy Directive ,
Electronically Stored Information ,
EU ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
Internet of Things ,
New Guidance ,
Privacy Laws ,
Technology ,
Tracking Systems
The FTC’s staff report summarizes how it views the operations of social media and video streaming companies. Of particular interest is the insight it gives into potential enforcement focus in the coming months, and into 2025....more
California’s governor has signed an amendment to CCPA, the state’s well-known privacy law. While California was the first to pass a “comprehensive” privacy law, it is the second -with this new amendment- to include “neural...more
Those tracking CIPA litigation are familiar with the recent decision holding in favor of a company whose site had an online chat operated by a vendor. The court in that case held (1) that the company had not violated the...more
The Children’s Advertising Review Unit recently settled with KidGeni – a generative art platform intended for children- for allegedly violating both CARU’s guidelines and COPPA. According to CARU, which is a self-regulatory...more
8/19/2024
/ Artificial Intelligence ,
CARU ,
Class Action ,
COPPA ,
Data Collection ,
Enforcement ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Online Platforms ,
Parental Consent ,
Personal Information ,
Privacy Laws
Minnesota’s governor has now signed into law that state’s comprehensive privacy law. For those keeping count – that is number 19 of state “comprehensive” privacy laws, with six in 2024 alone. The Minnesota law will go into...more
6/10/2024
/ Consumer Privacy Rights ,
Data Collection ,
Data Protection ,
Legislative Agendas ,
New Legislation ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Popular ,
Privacy Laws ,
Recordkeeping Requirements ,
Regulatory Requirements ,
Sensitive Business Information ,
State Privacy Laws
Nebraska’s governor has now signed into law the state’s “comprehensive” privacy law making it the fourth one this year, and the 17th overall. It will take effect on January 1, 2025 – the same day as Delaware, Iowa, and New...more
4/26/2024
/ Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
New Regulations ,
Opt-Outs ,
Personal Data ,
Personal Information ,
Popular ,
Privacy Laws ,
State Privacy Laws
The FTC is beginning 2024 with a bang. Just a few short days after announcing a settlement with lead-generation company Response Tree, the FTC has announced another decision. In this latest announcement, the FTC has described...more
Both Texas and Oregon recently adopted rules that will, among other things, implement a registry required by both states’ data broker laws. The Texas law went into effect September 1, 2023, and the Oregon law will go into...more
12/27/2023
/ Data Brokers ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Sellers ,
New Legislation ,
Oregon ,
Privacy Laws ,
Registration Requirement ,
State and Local Government ,
State Privacy Laws
The European Council recently approved a final version of the EU Data Act. The Act applies to manufacturers of connected devices. Among other things, it gives consumers certain rights about the information those devices...more
X Corp., the company formerly known as Twitter, recently sued Bright Data over its site scraping activities. Bright Data is a data collection company and advertises—among other services—its “website scraping” solutions....more
Financial services companies beware: the new state privacy laws exemption are not uniform. To recap, there are privacy laws in 12 states: California, Colorado, Connecticut, Florida, Indiana, Iowa, Montana, Oregon, Tennessee,...more
The enforcement division of the California Privacy Protection Agency (CPPA) recently announced it intends to review the privacy practices of connected vehicles. The driving force behind the review is the technologies in...more
Oregon recently joined Vermont and California as the third state requiring data broker registration before collecting, selling, or licensing “brokered personal data.” Several types of entities are exempt from the law. These...more
8/16/2023
/ Customers ,
Data Brokers ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Selling ,
Exemptions ,
Information Sharing ,
New Legislation ,
Oregon ,
Penalties ,
Personal Data ,
Personal Information ,
Subscribers ,
Third-Party
Of the many worries on privacy compliance teams’ lists as we face the onslaught of state “general” privacy laws are the impacts they have on vendor contracts. Fortunately for those who have already had to deal with contracts...more
With the ongoing BIPA litigation activity in Illinois surrounding collection of biometrics, it can be easy to forget that other issues might surround this practice. Last month the FTC reminded companies not to forget general...more
6/14/2023
/ Biometric Information ,
Data Collection ,
Data Privacy ,
Data Security ,
Federal Trade Commission (FTC) ,
FTC Act ,
Machine Learning ,
Privacy Laws ,
Section 5 ,
Tracking Systems ,
Unfair or Deceptive Trade Practices
The US has what appears to be a never-ending list of comprehensive privacy laws, but do they all apply to your organization? Not necessarily.
Let’s recap. Since we last wrote at the beginning of the month about preparing...more
The Tennessee governor has signed Tennessee’s comprehensive privacy law, which as we have indicated will go into effect July 1, 2025. As initially proposed, the law would have been effective July 1, 2024, and would have...more
5/16/2023
/ Carve Out Provisions ,
Consumer Privacy Rights ,
Covered Entities ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Protection ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
NIST ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws ,
Tennessee
Following its 2021 Dark Patterns enforcement policy, the FTC recently issued a staff report on the practice. The report summarized many of the cases the agency has brought against companies it alleges have engaged in “dark...more
Firefly Games agreed to take corrective action in response to the Children’s Advertising Review Unit’s allegations that the company had violated COPPA by inaccurately (and confusingly) explaining its privacy practices. The...more
Following -by a day- a privacy-related claim challenge brought against another advertiser, the National Advertising Division found that advertiser DuckDuckGo had sufficiently substantiated its privacy claims. These cases are...more
7/28/2022
/ Advertising ,
Customer Privacy ,
Data Collection ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
FTC Act ,
Mobile Apps ,
NAD ,
Privacy Laws ,
Search Engines ,
Web Browsers