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FTC Announces New Safeguards Rule Breach Notification Requirements

On October 27, the Federal Trade Commission (“FTC”) unanimously voted to amend the Safeguards Rule to require non-banking financial institutions to report data breaches and security events to the Agency. This amendment will...more

Texas Adds a Wrinkle to State Privacy Law Patchwork

On May 28, Texas became the sixth state this year to pass a comprehensive data protection law. Although the Texas Data Privacy and Security Act (“TDPSA”) is largely in line with the Virginia Consumer Data Protection Act and...more

Washington State Poised to Pass Consumer Health Privacy Law

The State of Washington appears close to enacting a new law that regulates the privacy of consumer health information. If passed, the new law – the My Health My Data Act (MHMDA) –would take effect March 31, 2024 and apply...more

The Iowa Senate and House Pass a Consumer Data Privacy Rights Bill

On March 15, 2023, the Iowa House passed Senate Bill 262 on a 97-0 vote. The Bill had previously passed the Iowa Senate on March 6, 2023. If ultimately signed by Iowa Governor Kim Reynolds, Iowa would join California,...more

Managing Legal Issues From the Use of ChatGPT and Generative AI

The AI application ChatGPT quickly became a household name, but already is morphing into a more advanced version of generative AI. At the same time, Microsoft’s redesigned Bing search engine will soon run on a new,...more

Webinar Recording – 2023 Preview for Privacy and Data Security [Video]

2022 proved to be an historic year for privacy and data security, and 2023 is likely to follow suit. With privacy compliance deadlines looming under three state laws, a surge in data privacy litigation, new federal...more

Heightened Cybersecurity Requirements for Medical Devices Passed Into Law

Many privacy professional may have missed it, but In the run-up to the New Year — while many U.S. companies were focused on complying with the California Privacy Rights Act (CPRA) — Congress passed an appropriations bill that...more

2023 Privacy and Data Security Preview

2022 proved to be an historic year for privacy and data security. Connecticut and Utah joined the list of states that have now passed comprehensive data privacy laws, bringing the total to five (5) states. For the first...more

Pennsylvania Amends Data Breach Notification Law

In early November, Pennsylvania amended its data breach notification law broadening the definition of personal information. The amendment adds “health insurance information” and “medical information” as data elements that...more

A Look at the Metaverse’s Legal Implications, with Special Guest Samantha Green, Director of Content Marketing, Epiq [Video]

After discussing what the Metaverse is and its possible uses by providers of legal and other services, we look at an array of legal issues that should be considered by lawyers and their clients operating in the Metaverse or...more

Webinar Recording – Preparing for Compliance with the California Privacy Rights Act (CPRA) [Video]

With the CPRA set to become effective in a little more than three months, Ballard Spahr partners Phil Yannella and Greg Szewczyk discuss CPRA rule-making, the recent Sephora settlement, and outline key compliance steps that...more

Unpacking the FTC’s Recent Blog Post Regarding Breach Notification

The Federal Trade Commission (FTC) recently issued a blog post stating that a failure to disclose a data breach may be a violation of Section 5 of the FTC Act. The May 20 blog post, titled Security Beyond Prevention: The...more

Unpacking the FTC’s Recent  Blog Post Regarding Breach Notification

The Federal Trade Commission (FTC) recently issued a blog post stating that a failure to disclose a data breach may be a violation of Section 5 of the FTC Act. The May 20 blog post, titled Security Beyond Prevention: The...more

Draft CPRA Regulations Released by CPPA

The California Privacy Protection Agency (“CPPA”) scheduled a Board Meeting for June 8th, in which it will be discussing and possibly taking action with regard to the much anticipated CPRA enforcing regulations. To...more

Financial Institutions Face Increasingly Stringent Federal Breach Reporting Requirements

The last few months have seen a flurry of new federal cybersecurity incident reporting requirements and proposals impacting private entities in the financial sector. As the number and frequency of cyber attacks continue to...more

FTC Chair Announces New Privacy Approach

In a series of recent statements and releases, Lina Khan, the Chair of the FTC, made clear the Commission’s intention to revamp its oversight of consumer data privacy and establish more substantive limits on commercial data...more

Predictions for Privacy & Data Security in 2022

2021 proved to be a momentous year for privacy and data security law. The scourge of ransomware continued last year, leading to record-setting ransomware payments, a muscular response from the federal government, a hardening...more

FTC Strengthens GLBA Financial Safeguards and Privacy Rules

On October 27, the Federal Trade Commission (FTC) announced a final rule (Final Rule) and supplemental notice of proposed rulemaking (NPRM) to amend the Safeguards Rule promulgated under the Gramm-Leach-Bliley Act (GLBA),...more

California Enforcement Updates and Privacy Tools Highlight Regulatory Scrutiny of Right to Opt Out

With a little over a year of enforcing the California Consumer Privacy Act (CCPA) under its belt, the Office of the California Attorney General (OAG) recently held a press conference to announce updates on its CCPA...more

Another Federal Court Orders Production of Data Breach Forensic Report

Following in the footsteps of the Eastern District of Virginia’s Capital One decision last year and the District of D.C.’s Clark Hill decision earlier this year, the Eastern District of Pennsylvania has just ordered the...more

A Comparison Of The Virginia, Washington, And Florida Proposed Privacy Bills

After a pandemic-related hiatus in 2020, a number of U.S. states have proposed new data privacy laws in 2021 – and several are very close to passage. Virginia’s proposed data privacy law appears to be the closest and is...more

Federal Court System—And Possibly Sealed Filings—Breached in Connection With SolarWinds Hack

The Administrative Office of the U.S. Courts (the “AO”) recently disclosed that it has initiated an investigation into an apparent compromise in security of the Judiciary’s Case Management/Electronic Case Files System...more

California Attorney General Shows No Sign of Slowing CCPA Rulemaking with Fourth Set of Proposed Modifications

The California Attorney General’s Office recently released a fourth set of proposed regulatory modifications to the California Consumer Privacy Act (the “CCPA”)....more

Weakened Privacy and Information Security Tools—the Unintended Consequence of Attacks on Section 230 of the CDA

Assaults on Section 230 of the Communications Decency Act (the “CDA”)—which shields online platforms from civil liability for third party content on their services—are abundant these days. On October 15, 2020, FCC Chairman...more

California AG Releases Proposed CCPA Regulations

The California Attorney General’s Office released its long-awaited proposed CCPA Regulations yesterday.  The proposed Regulations are 24 pages long, and address a number of important technical compliance issues including...more

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