News & Analysis as of May 8, 2025

Consumer Privacy Rights

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

NYDFS Releases Artificial Intelligence Cybersecurity Guidance For Covered Entities

White & Case LLP on 11/26/2024

On October 16, 2024, the New York State Department of Financial Services (the "DFS"), under its Cybersecurity Regulation—23 NYCRR Part 500—issued a memorandum providing guidance on the risks posed by artificial intelligence...more

Cyber and AI: NYDFS has entered the chat

A&O Shearman on 10/22/2024

On October 16, 2024, the New York Department of Financial Services (“NYDFS”) released an Industry Letter—entitled Cybersecurity Risks Arising from Artificial Intelligence and Strategies to Combat Related Risks (the “Letter”)....more

Privacy Briefs: May 2024

Health Care Compliance Association (HCCA) on 5/13/2024

Kaiser Permanente is notifying 13.4 million current and former members that their personal information may have been compromised when it was transmitted to tech giants Google, Microsoft Bing and X (formerly Twitter) when...more

The American Privacy Rights Act: 5 Things You Need to Know

Orrick, Herrington & Sutcliffe LLP on 4/18/2024

Two leading U.S. legislators have unveiled a bipartisan plan to enact the first comprehensive federal data privacy law. The proposed American Privacy Rights Act (APRA) largely mirrors common themes in the patchwork of state...more

Preparing for the Tidal Wave and Bracing for the Tsunami: Utah Becomes the Fourth State to Pass Privacy Legislation

Bradley Arant Boult Cummings LLP on 3/11/2022

At last count, at least 39 states have introduced (or passed) comprehensive privacy legislation. After what was previously a watch-and-wait game of legislative whack-a-mole, we are now seeing this legislation get passed and...more

[Webinar] Protecting the Telehealth Consumer: FTC and State-Based Considerations - June 22nd, 12:00 pm - 1:00 pm EDT

McDermott Will & Emery on 6/14/2021

As the COVID-19 pandemic in the United States is easing, telemedicine is facing an important crossroads. While telehealth services have demonstrated their value as an integral part of care delivery, federal and state waivers...more

New CCPA Amendment Extends Exemptions for Employment-Related and B2B Data

Morgan Lewis on 10/2/2020

California Governor Gavin Newsom on September 29 signed into law Assembly Bill 1281, which ensures that the California Consumer Privacy Act (CCPA) limited exemptions for employment-related and business-to-business (B2B) data...more

Long-Awaited DFS Cyber Enforcement Action Sees Charges Filed Against Title Insurer For Exposing Millions of Documents Containing...

Hinshaw & Culbertson - Consumer Crossroads on 7/25/2020

After several years of anticipation, the New York State Department of Financial Services (DFS) has filed its first enforcement action under the agency's groundbreaking and first-in-the-nation 2017 cybersecurity regulation...more

Federal Privacy Law in Response to COVID-19 on the Rise: The COVID-19 Consumer Data Protection Act of 2020 vs. The Public Health...

Fisher Phillips on 6/5/2020

Over the years, Congress has put forth various legislative proposals regarding data privacy. None of the past legislation received the support necessary to enable passage of a comprehensive national data privacy law. However,...more

Federal Consumer Data Security Bill in a Nutshell

White and Williams LLP on 3/24/2020

United States Senator Jerry Moran (R. Kan.), Chairman of Commerce Subcommittee on Consumer Protection, has introduced legislation, Senate Bill 3456, to establish a national standard for protecting consumer data and personal...more

New York State Expected to Increase Enforcement of Cybersecurity Practices

Hogan Lovells on 2/26/2020

Companies should take note of two imminent developments in New York in the area of cybersecurity regulation: enforcement of the New York Department of Financial Services (NYDFS) Cybersecurity Regulation (Regulation) and the...more

NIST Releases a Standard for Privacy

Stoel Rives - Global Privacy & Security Blog® on 2/10/2020

As states fill the legal void for consumer privacy rights,[1] a new federal standard has emerged to assist companies with their compliance efforts. The National Institute of Standards and Technology (“NIST”) Privacy Framework...more

Congressional Privacy Action – Part 1: The Senate

Mintz - Privacy & Cybersecurity Viewpoints on 1/30/2020

As 2020 gets underway, Congress will continue to deliberate on federal privacy legislation in the second session of the 116th Congress. The California Consumer Privacy Protection Act (CCPA) went into effect on January 1, and...more

California's New Data Privacy Law Has National Reach

Brownstein Hyatt Farber Schreck on 1/15/2020

This month marks the start of a new year, a new decade, and a new era for data privacy in the United States. Companies nationwide are either scrambling to comply with the California Consumer Privacy Act (CCPA) or wondering if...more

CCPA QOTD: Isn’t every vendor a “service provider” under the CCPA?

Mintz - Privacy & Cybersecurity Viewpoints on 12/24/2019

The short answer is “no”. The CCPA has a specific definition for “service provider” at Section 1798.140(v) – and it also requires a vendor to be bound by a written contract that prohibits it from...more

The CCPA Impacts Non-US Companies. Are You Prepared? - Morgan Lewis Practical Advice on Privacy: Guide to the CCPA

Morgan Lewis on 12/6/2019

California is the fifth largest economy in the world. Its new laws and regulations have an impact far beyond its borders. Many Non-US companies do business in California. The California Consumer Privacy Act (CCPA), which...more

Inconsistent HIPAA and CCPA De-Identification Standards Create Compliance Challenges

McDermott Will & Emery on 12/4/2019

A potential disconnect between the HIPAA de-identification standard and California Consumer Privacy Act (CCPA) definition of de-identified may pose hurdles for HIPAA covered entities, their business associates and other data...more

Health Sector Does Not Completely Avoid the CCPA by HIPAA Exemption (4 Months to Go)

Womble Bond Dickinson on 9/16/2019

Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. CCPA can apply to businesses even if they do not have offices or employees in California. It can...more

Applying the CCPA to Health Care: The HIPAA Exemption, Exercise Apps, and Marketing Data

Carlton Fields on 9/11/2019

Despite its breadth, California's new privacy law, the California Consumer Privacy Act (CCPA), creates an exemption designed around the federal Health Insurance Portability and Accountability Act (HIPAA). That exemption is...more

Nevada Adds New Opt-Out Right to State Consumer Privacy Law

Blank Rome LLP on 8/24/2019

Nevada has followed in the footsteps of California and its enactment of the game-changing California Consumer Privacy Act of 2018 (“CCPA”) with a significant enhancement to the state’s own consumer privacy law. Known as...more

The CCPA’s Contractual Requirements Between Covered Businesses and Service Providers

Carlton Fields on 7/24/2019

There are many facets to California’s new data privacy law, the California Consumer Privacy Act of 2018 (CCPA), that are generating a lot of buzz — such as the new rights afforded to California consumers and the broad...more

CCPA is Coming – Is Your Business Prepared for the Data Requests & Lawsuits?

Stoel Rives LLP on 4/30/2019

Does your business collect personal information from residents in California? Does it monitor user activity on its website? If so, there is a good chance it will need to comply with the California Consumer Privacy Act...more

CCPA Task Force

Womble Bond Dickinson on 3/22/2019

California’s Consumer Privacy Act (CCPA) will go into effect on January 1, 2020. CCPA can apply to businesses even if they do not have offices or employees in California. For-profit businesses that collect or use personal...more

Start Aiming Now: The California Consumer Privacy Act (CCPA) Is A Moving Target, And GDPR Compliance Isn’t Enough

King & Spalding on 2/14/2019

The CCPA is an unprecedented privacy law that grants California residents sweeping rights concerning the collection and use of their information. Once the law becomes effective on January 1, 2020, covered businesses can...more

California Enacts Sweeping New Privacy Law

Skadden, Arps, Slate, Meagher & Flom LLP on 7/12/2018

On June 28, 2018, California Gov. Jerry Brown signed into law the California Consumer Privacy Act (CCPA or “the Act”), which is the broadest and most comprehensive privacy law enacted in the United States to date.1 The CCPA...more

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