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More Privacy, Please - August/September 2023

Editor’s Note: As the summer months come to an end, there has been no shortage of privacy news and updates. Oregon signed both a comprehensive privacy law and data broker law, and the SEC adopted new rules regarding the...more

CPRA Shuffle: Two Steps Forward, One Step Back: Court Temporarily Halts CPRA Regulation Enforcement as CPRA Enforcements Begins

CPRA Regulations Delayed. On June 29, 2023, two days before enforcement of the California Consumer Privacy Act (CCPA) was to begin, a Sacramento Superior Court issued a temporary injunction, enjoining enforcement of newly...more

More Privacy, Please – July 2023

Editor’s Note: Texas, Oregon, and Delaware became the latest states to pass a comprehensive privacy bill, while the CPRA, Connecticut, and Colorado’s privacy laws came into force. In the litigation world, the FTC filed an...more

More Privacy, Please – June 2023

Editor’s Note: Montana became the latest state to pass a comprehensive privacy bill, joining California, Virginia, Colorado, Connecticut, Utah, and Tennessee. Florida, too, passed a privacy bill, but with a much narrower...more

More Privacy, Please - May 2023

Editor’s Note: Indiana became the latest state to enact a comprehensive privacy law, with Montana and Tennessee close behind. Washington passed sweeping legislation — the My Health My Data Act — which included a private right...more

Cookies and Online Tracking of Health Signals: An OCR Prescription for Potential Peril

Online Tracking Technologies and HIPAA. In December 2022, the Department of Health and Human Services Office for Civil Rights (OCR) published a bulletin on the use of online tracking technologies (e.g., cookies or web...more

Washington Legislature Goes Big With "My Health My Data Act"

On April 27, the state of Washington enacted the My Health My Data Act (MHMDA), a comprehensive health privacy law that imposes broad restrictions on how “consumer health data” can be used by companies doing business in the...more

More Privacy, Please - April 2023

Editor’s Note: Iowa became the sixth state in the nation to enact a comprehensive privacy law, and California’s latest privacy regulations came into effect. At the federal level, Congress experienced a leak of sensitive...more

Iowa on Cusp of Enacting Privacy Legislation

Recently, the Iowa Legislature sent a bill to Iowa Governor Kim Reynolds for her signature that would make Iowa the sixth state to enact a comprehensive privacy law. The Iowa Senate unanimously passed Senate File 262 (SF 262)...more

More Privacy, Please - March 2023

Editor’s Note: The U.S. Marshals Service suffered a data breach, demonstrating that no one is immune from such an occurrence. In regulatory news, government agencies remained focused on privacy, as the SEC proposed amendments...more

More Privacy, Please - February 2023

Editor’s Note: As the nation celebrated National Privacy Day on January 28, in regulatory news, the Colorado AG published a third version of its proposed regulations, and the CPPA voted to submit its draft regulations to the...more

Illinois Supreme Court Rules BIPA Claims Accrue With Each Scan

Q: Does a BIPA claim accrue each time a person’s biometrics are scanned or only with the first such scan? A: A BIPA claim accrues with each scan....more

Silver Lining for Cos. in Proposed Calif. Privacy Law Changes

On Oct. 17 and again on Nov. 3, the California Privacy Protection Agency, or CPPA, modified the text of the proposed regulations implementing the California Privacy Rights Act, or CPRA. Originally published in Law360 on...more

BIPA Claims Receive Five-Year Limitations Period

On February 2, the Illinois Supreme Court determined in Tims v. Blackhorse Carriers, Inc. that all claims under the Biometric Information Privacy Act (BIPA) have a five-year statute of limitations. This ruling clarified the...more

More Privacy, Please - January 2023

Editor’s Note: In regulatory news, the Colorado AG published a second version of its proposed regulations. In U.S. litigation, Meta and TikTok both faced further litigation, and an Illinois court ruled that J&M Plating must...more

More Privacy, Please - December 2022

Editor’s Note: In regulatory news, the Federal Trade Commission extended the deadline to comply with the Safeguards Rule, and Health and Human Services issued guidance for the use of online tracking technology under HIPAA. In...more

More Privacy, Please - November 2022

Editor’s Note: The California Privacy Protection Agency released amendments to its draft regulations, and the Consumer Finance Protection Bureau contemplates rulemaking on sharing financial data. In U.S. litigation, the first...more

Washington Court Finds Illinois’ BIPA Does Not Apply Outside the State

On October 17, a U.S. District Court for the Western District of Washington issued an order and judgment, ending two related putative class actions alleging tech companies violated Illinois’ Biometric Information Privacy Act...more

More Privacy, Please - October 2022

Editor’s Note: In the U.S. laws and regulation space, the White House is focusing on privacy, evident through its session on accountability for big tech and the recent executive order highlighting cybersecurity risks....more

California Age-Appropriate Design Code Is Not Child’s Play - Five Practical Tips to Comply and Protect Kids’ Privacy

On September 15, 2022, California Governor Gavin Newsom signed Assembly Bill 2273 — the California Age-Appropriate Design Code Act (ADCA) — into law. Inspired by the United Kingdom’s (U.K.) Age-Appropriate Design Code, the...more

U.S. Chamber of Commerce Backs Walmart in FTC Suit

On September 6, the U.S. Chamber of Commerce (the Chamber) submitted an amici curiae brief in support of Walmart in Federal Trade Commission v. Walmart Inc., No. 1:22-cv-3372 (N.D. Ill). The amici curiae arises out of the...more

Deadline for New UK Contract Requirements for Personal Data Transfers Is Here (EU and California Deadlines Looming)!

Don't Hyperventilate. There are new United Kingdom (UK), European Union (EU), U.S., and global regulatory requirements that just went into effect or will be effective before or soon after year-end that will impact contracts...more

More Privacy, Please - September 2022

Editor’s Note: In the U.S. laws and regulation space, the California attorney general announced the first-ever CCPA settlement, the California Privacy Protection Agency raised objections to the ADPPA, and the FTC announced...more

Not So Pretty: Top Takeaways From First CCPA Settlement With Sephora and Updated Enforcement Case Examples

With the notice and cure set to expire on January 1, 2023, California Attorney General Rob Bonta (CA AG) provided a glimpse at what to expect with its first settlement of alleged violations of the California Consumer Privacy...more

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