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CPPA Solicits Comments on Cyber Audits, Risk Assessment and AI Tech

The California Privacy Protection Agency ("CPPA" or "Agency") is seeking preliminary comments on proposed rulemaking for risk assessments and cybersecurity audits for higher-risk data processing activities, and consumer...more

A First Look at the Colorado Privacy Act Proposed Rules

The Colorado Attorney General's Office has published its much-anticipated proposed rules (Proposed Rules) implementing the Colorado Privacy Act (CPA), which, as we discussed in an earlier blog post, was enacted on July 7,...more

FTC Sues Data Broker Over Sales of Geolocation Data

On August 29, 2022, the Federal Trade Commission (FTC) announced it had filed a complaint in Idaho federal district court against Kochava Inc., a data broker, seeking injunctive relief on account of alleged violations of...more

CA Attorney General Settles With Online Retailer That Failed to Disclose "Sales" of Personal Information and Honor Global Privacy...

The Office of the California Attorney General (OAG) announced on August 24, 2022, a settlement with Sephora, Inc., as part of a recent enforcement sweep of online retailers. OAG alleged Sephora violated the California...more

FTC Issues Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security

The Federal Trade Commission (FTC) may have just taken its first steps towards the creation of generally applicable federal privacy and security rules. On Aug. 11, 2022, the FTC published an advance notice of proposed...more

Privacy in a Post-Roe World: What Businesses of All Types Should Consider

Following the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization overruling Roe v. Wade, businesses and organizations that process personal data—including those outside the health or reproductive...more

California Privacy Protection Agency Posts Preliminary Proposed Regulations

The California Privacy Protection Agency Board (the "CPPA Board") announced on May 27, 2022, that it would hold a public meeting on June 8 to discuss, among other things, a set of detailed proposed regulations to "Implement,...more

And Then There Were Five: Connecticut Joins the Privacy Bandwagon

Late last month, after two years of negotiation, the Connecticut legislature passed an omnibus data privacy bill, which the governor signed this week, making Connecticut the fifth state to enact comprehensive privacy...more

And Utah Makes 4—Beehive State Passes Consumer Privacy Law (UPDATED)

Update March 31, 2022: Utah Governor Spencer Cox signed the bill into law March 24, 2022. With passage of the Utah Consumer Privacy Act (UCPA), Utah will become the fourth state to adopt omnibus consumer privacy...more

California Attorney General Issues Opinion Interpreting "Inferences" Under CCPA

The California Office of Attorney General (OAG) on March 10, 2022, issued its first opinion interpreting the California Consumer Privacy Act (CCPA), addressing when businesses must disclose internally generated "inferences"...more

FTC COPPA Settlement Requires Deletion of Algorithms

Algorithmic disgorgement is back in the spotlight at the FTC, this time in connection with a recently announced settlement with WW International, Inc., formerly known as Weight Watchers (WW), and a subsidiary called Kurbo,...more

And Utah Makes 4—Beehive State Passes Consumer Privacy Law

With passage of the Utah Consumer Privacy Act (UCPA), Utah will become the fourth state to adopt omnibus consumer privacy legislation—following California, Virginia, and Colorado— when Utah Governor Spencer Cox signs the...more

Growing Trouble for EU-U.S. Data Transfers Through Google Analytics

France's data protection authority (DPA), Commission Nationale de l'Informatique et des Libertés (CNIL), announced its ruling on February 10, 2022, that the use of Google Analytics by companies in the EU violates Article 44...more

KIDS Act Seeks to Expand Online Protections for Children Under 16

On September 30, 2021, Senators Ed Markey (D-MA) and Richard Blumenthal (D-CT) and Representative Kathy Castor (D-FL) introduced S.2918, the Kids Internet Design and Safety (KIDS) Act, which would expand online protections...more

New Children's Data Privacy Protections Take Effect in the U.K.: What to Know and How to Comply

Beginning September 2, 2021, companies that offer certain types of online services in the U.K. must implement a new code of practice governing the handling of children's personal data (the Children's Code or Code).1 The...more

Colorado Adds to the Privacy Law Patchwork – What to Expect

On July 7, Colorado became the third state to enact comprehensive data privacy legislation, following California and Virginia. The Colorado Privacy Act (CPA), modeled largely after its predecessor in Virginia (the Consumer...more

FTC Warns of Greater Scrutiny Over Biased AI, Offers Best Practices to Mitigate Potential Harm

Building on prior guidance issued in 2020, the Federal Trade Commission (FTC) recently warned in a new blog post that it will use its authority under existing laws to take enforcement action against companies that sell or use...more

Alaska's Consumer Data Privacy Act: Another CCPA Copycat, but With Its Own Unanswered Questions

Last week, Alaska joined the growing number of states considering comprehensive consumer privacy legislation when, at the behest of Governor Dunleavy, the Consumer Data Privacy Act was introduced in both chambers of the...more

Virginia Poised to Enact Comprehensive Consumer Privacy Law

Virginia's legislature has set the stage for the Commonwealth to join California as one of two states with comprehensive consumer privacy legislation. The Virginia Consumer Data Protection Act (VCDPA) pulls certain policy...more

California Voters Pass Proposition 24 – the California Privacy Rights Act

As expected, Californians voted on November 3, 2020, to adopt the California Privacy Rights Act (CPRA), better known as Proposition 24. The CPRA amends the California Consumer Privacy Act (CCPA) in subtle and significant ways...more

EU High Court Invalidates EU-U.S. Privacy Shield

The Court of Justice of the European Union (CJEU) issued a long awaited opinion yesterday (July 16, 2020) in Data Protection Commissioner v. Schrems1 finding the EU-U.S. Privacy Shield inadequate for lawfully transferring the...more

Protecting Privacy and Public Health: The Senate Republican Proposal

A group of Republican Senators, led by Senate Commerce Committee Chairman Roger Wicker, introduced the COVID-19 Consumer Data Protection Act of 2020 (the Act) on May 7, 2020....more

Death, Taxes, and Changes to the CCPA

On the last day of its session, the California legislature passed six bills amending the CCPA, which Governor Newsom is expected to sign into law. ...more

Final CCPA Amendments Awaiting Governor’s Signature – and a New Ballot Initiative Is in the Works

On September 13, the California legislature passed six bills that would amend the California Consumer Privacy Act (CCPA). Governor Gavin Newsom has one month to decide whether to sign them into law. ...more

Maine Gets Closer to Enacting Limited Online Privacy Legislation

Privacy legislation has advanced in Maine, where it has cleared the Senate following debate by the legislature’s Energy, Utilities and Technology committee and passed the House on May 29. ...more

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