On November 21, the Federal Trade Commission (“FTC”) approved in a 3-0 vote a resolution authorizing the use of compulsory process in nonpublic investigations involving products and services that involve or claim to involve...more
11/29/2023
/ Algorithms ,
Artificial Intelligence ,
Civil Investigation Demand ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Federal Trade Commission (FTC) ,
Innovative Technology ,
Investigations ,
Machine Learning ,
Regulatory Authority ,
Regulatory Oversight
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
The California Privacy Protection Agency (CPPA) recently published two new sets of draft regulations addressing a range of cutting-edge data protection issues. Although the CPPA has not officially started the formal...more
9/8/2023
/ Algorithms ,
Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Financial Products ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Draft Guidance ,
Financial Services Industry ,
Machine Learning ,
Personal Information ,
Regulatory Agenda ,
Risk Assessment
The California Privacy Protection Agency (CPPA) recently published two new sets of draft regulations addressing a range of cutting-edge data protection issues. Although the Agency has not officially started the formal...more
9/6/2023
/ Algorithms ,
Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Financial Products ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Draft Guidance ,
Machine Learning ,
Personal Information ,
Regulatory Agenda ,
Risk Assessment
California continues to be at vanguard of data privacy rights. The latest effort by California legislators to protect consumer privacy rights focuses on data brokers, who under the proposed California Senate Bill 362, aka...more
8/23/2023
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Data Brokers ,
Data Privacy ,
Do Not Sell ,
Fair Credit Reporting Act (FCRA) ,
Opt-Outs ,
Personal Information ,
Right to Delete ,
Third-Party
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
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
On Friday, January 27, California Attorney General Rob Bonta announced an investigative sweep of businesses that provide mobile apps, issuing warning letters to those that AG Bonta alleges failed to comply with the California...more
On Friday, January 27, California Attorney General Rob Bonta announced an investigative sweep of businesses that provide mobile apps, issuing warning letters to those that AG Banta alleges failed to comply with the California...more
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
On October 17, the California Privacy Protection Agency (“CPPA”) published the first revisions to the CPRA regulations. This draft includes an extensive list of proposed changes in advance of the CPPA Board public hearing,...more
Our discussion examines the FTC’s Advanced Notice of Proposed Rulemaking relating to what it describes as “commercial surveillance” and the CFPB’s circular confirming that covered persons and service providers may violate the...more
The August 31 closing of the California legislative session likely marked the end of hopes for an extension of the limited exemptions for employee and business-to-business (B2B) data that have existed for the California...more
In an active week for federal regulators, the Federal Trade Commission (FTC) joined the CFPB in announcing important initiatives that may change privacy and data security practices in major ways....more
The California Privacy Protection Agency announced today that it began the formal rulemaking process to adopt the proposed regulations implementing the Consumer Privacy Rights Act of 2020 (“CPRA”). As part of this...more
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
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
The California AG recently released its first Opinion interpreting the California Consumer Privacy Act (CCPA), highlighting a brewing conflict over the inferences that businesses generate about their consumers. This Opinion...more