As an onslaught of recent class actions allege, companies may be liable for eavesdropping and wiretapping based on the use of common analytics software on their platforms.
For instance, in California, plaintiffs have filed...more
5/23/2024
/ Analytics ,
CA Supreme Court ,
CIPA ,
Class Action ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Eavesdropping ,
Invasion of Privacy ,
MA Supreme Judicial Court ,
Online Platforms ,
Software ,
State and Local Government ,
State Legislatures ,
Technology Sector ,
Websites ,
Wiretapping
On March 27, 2024, the Cybersecurity and Infrastructure Security Agency (CISA), an operational component of the Department of Homeland Security (DHS), posted for public inspection its long-anticipated notice of proposed...more
4/3/2024
/ Covered Entities ,
Critical Infrastructure Sectors ,
Cyber Incident Reporting ,
Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Privacy ,
Data Retention ,
Enforcement ,
Information Sharing ,
New Rules ,
Proposed Rules ,
Recordkeeping Requirements ,
Reporting Requirements
On February 28, 2024, President Biden issued Executive Order 14117 on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern (the EO). The EO empowers...more
3/7/2024
/ Biden Administration ,
Cross-Border Transactions ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Brokers ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Sensitive Personal Information
On February 26, 2024, the National Institute of Standards and Technology (NIST), an agency within the U.S. Department of Commerce, released Version 2.0 of its Cybersecurity Framework (CSF), the first major update since its...more
Businesses subject to the California Consumer Privacy Act (CCPA) could be forgiven for feeling like they have whiplash from the twists and turns in the California privacy rulemaking process.
To recap: In June 2023, the...more
On October 30, 2023, President Biden signed the Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence (the “Federal AI Executive Order”), a long-awaited executive order that builds upon the Biden...more
11/1/2023
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Biden Administration ,
Competition ,
Cybersecurity ,
Executive Orders ,
Intellectual Property Protection ,
Legislative Agendas ,
New Legislation ,
Popular ,
Privacy Laws ,
Procurement Guidelines ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements
Jenner & Block is proud to host its inaugural Realty Rendezvous, a comprehensive half-day program designed to promote conversations about the industry. At four different panels, top minds in the industry will discuss trends...more
10/27/2023
/ Best Practices ,
Cybersecurity ,
Data Privacy ,
Events ,
Eviction ,
Hospitality Industry ,
Incident Response Plans ,
Landlords ,
Property Owners ,
Real Estate Market ,
Tenants ,
Vacant Properties
On the heels of the EU-US Data Privacy Framework (DPF), another bridge has been built across the Atlantic to streamline data transfers between businesses.
In July, the European Commission adopted its much-anticipated...more
10/2/2023
/ Cross-Border Transactions ,
Data Privacy ,
Data Transfers ,
Department of Transportation (DOT) ,
EU ,
EU-US Privacy Shield ,
European Commission ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Personal Data ,
Privacy Framework ,
U.S. Commerce Department ,
UK
On July 10, 2023, the European Commission adopted its much-anticipated adequacy decision for the EU-US Data Privacy Framework (DPF). The decision concludes that the US ensures an adequate level of protection—comparable to...more
On May 18, 2023, the Federal Trade Commission (FTC) adopted a Policy Statement on biometric information that details its “significant concerns” arising from the increasing use of biometric information and technologies that...more
Potential Bias in AI Consumer Decision Tools Eyed by FTC, CFPB -
Potential discrimination and bias resulting from consumer tools based on artificial intelligence and automated data will be an enforcement focus of...more
12/12/2022
/ Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Financial Protection and Innovation (DFPI) ,
Discrimination ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Financial Markets ,
Fines ,
Payday Loans ,
Proposed Rules ,
Sephora ,
UDAAP
The Federal Trade Commission (FTC) recently filed a complaint against a data broker alleging that the collection and sale of precise location data significantly harms consumers, especially if the data contains information...more
9/14/2022
/ Biden Administration ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Sellers ,
Dobbs v. Jackson Women’s Health Organization ,
Federal Trade Commission (FTC) ,
Healthcare ,
Location Data ,
Privacy Concerns ,
Roe v Wade ,
SCOTUS
On June 8, 2022, the California Privacy Protection Agency (“CPPA” or “Agency”) voted to begin the formal rulemaking process for regulations implementing the California Privacy Rights Act (CPRA). The Agency Board discussed and...more
6/10/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Regulatory Agenda
Connecticut is poised to become the fifth state to pass comprehensive consumer privacy legislation, after California, Virginia, Colorado, and Utah. Senate Bill 6, the Connecticut Data Privacy Act (“CTDPA”), passed the...more
5/6/2022
/ Connecticut ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Pending Legislation ,
Personally Identifiable Information ,
Regulatory Agenda ,
Regulatory Reform
On April 18, 2022, the Ninth Circuit reaffirmed its narrow interpretation of the Computer Fraud and Abuse Act’s (CFAA) “without authorization” prong in a data scraping dispute between hiQ and LinkedIn. The opinion upheld a...more
A UK High Court decision of 8 March 2022 in the case of SMO v TikTok, Inc. and Others has attracted attention in the wake of the UK Supreme Court’s decision last year in Lloyd v Google. The Supreme Court’s decision put the...more
4/1/2022
/ Class Action ,
Data Privacy ,
EU ,
General Data Protection Regulation (GDPR) ,
Invasion of Privacy ,
Monetization ,
Online Safety for Children ,
Personal Data ,
Social Media ,
TikTok ,
UK
On Friday, March 25, President Biden and European Commission President Ursula von der Leyen announced a new agreement in principle for trans-Atlantic data flows. Although details about the new Trans-Atlantic Data Privacy...more
3/30/2022
/ Cybersecurity Framework ,
Data Privacy ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
International Data Transfers ,
Personal Information ,
Popular ,
Privacy Framework ,
Regulatory Agenda ,
Regulatory Reform
Utah is poised to become the fourth state to pass comprehensive consumer privacy legislation, after California, Virginia, and Colorado. The Utah Consumer Privacy Act (UCPA) was approved by the Utah House of Representatives on...more
3/7/2022
/ Consumer Privacy Rights ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Legislative Agendas ,
Pending Legislation ,
Personal Data ,
Personally Identifiable Information ,
Regulatory Agenda ,
Regulatory Reform
The new California Privacy Protection Agency (“CPPA”) has made two recent notable announcements. On September 22, 2021, CPPA issued an Invitation for Preliminary Comments on Proposed Rulemaking Under the California Privacy...more
10/18/2021
/ California Privacy Rights Act (CPRA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Personal Data ,
Personally Identifiable Information ,
Regulatory Agencies ,
Regulatory Agenda ,
Rulemaking Process