News & Analysis as of

Data Collection Public Comment

Husch Blackwell LLP

CBP Proposes Changes to the De Minimis Entry Process

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U.S. Customs and Border Protection (CBP) issued a Notice of Proposed Rulemaking on January 13, 2025, regarding an update to the rules governing de minimis shipments. The public can make comments on the proposed rule until...more

McDermott Will & Emery

Trick or Treat: Colorado AG Announces Public Hearing on Proposed CPA Regulations

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On October 30, 2024, the Colorado attorney general (AG) announced a November 7, 2024, public rulemaking hearing to receive feedback on its latest proposed Colorado Privacy Act (CPA) regulations...more

BakerHostetler

It’s Time to Face the Music: FTC Says ‘No’ to Facial Recognition-Based Consent Under COPPA

BakerHostetler on

The Federal Trade Commission (FTC or Commission) announced on March 29that it was denying the application for a new mechanism for obtaining verifiable Parental Consent under the Children’s Online Privacy Protection Act...more

Mayer Brown

Commerce Considers ICTS-related Rules to Address Connected Vehicle Risks

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On March 1, 2024, the US Department of Commerce’s (“Commerce”) Bureau of Industry and Security (“BIS”) published an Advance Notice of Proposed Rulemaking1 (the “Notice”) seeking public comments on potential regulation of the...more

Hinch Newman LLP

FTC Order Will Ban U.K.-Based Software Provider from Selling Browsing Data for Ad Purposes and Require It to Pay $16.5MM Over...

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On February 24, 2024, the Federal Trade Commission announced that it will require software provider Avast to pay $16.5MM and prohibit the company from selling or licensing any web browsing data for advertising purposes to...more

BCLP

PFAS Drinking Water Standards: State-by-state Regulations - Updated January 2024

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In the absence of an enforceable federal drinking water standard for per- and polyfluoroalkyl substances (“PFAS”) – for the time being anyway - many states have regulated PFAS compounds in drinking water. The result is a...more

Perkins Coie

FTC Proposes Changes to COPPA Rule

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The Federal Trade Commission (FTC) gave privacy lawyers a long-awaited Christmas gift on December 20, 2023: its notice of proposed rulemaking (NPRM) to amend the Children’s Online Privacy Protection Act (COPPA) Rule. The NPRM...more

Jones Day

Maryland to Propose Building Energy Performance Standards

Jones Day on

The Maryland Department of the Environment ("MDE") will publish proposed rules limiting greenhouse gas ("GHG") emissions from covered buildings and requiring covered building owners to submit detailed energy performance...more

Troutman Pepper Locke

Colorado AG Releases Personal Data Universal Opt-Out List for Public Comment

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Similar to other state consumer data protection acts enacted over the past two years, the Colorado Privacy Act (CPA) allows Colorado consumers to opt out of the sale of personal data and the processing of such data for...more

Troutman Pepper Locke

California Delete Act: An Aggressive New Approach to Regulating Data Brokers

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On October 10, Governor Newsom signed the Delete Act ( SB 362) into law, which amends California's current data broker law to impose extensive additional disclosure and registration requirements on data brokers, and to...more

Cadwalader, Wickersham & Taft LLP

CFPB Seeks Comments Regarding the Collection and Sale of Consumer Information by Data Brokers

Earlier this month, the CFPB issued a press release and a Request for Information (“RFI”) that is focused upon whether the CFPB should promulgate additional rules implementing the Fair Credit Reporting Act....more

Troutman Pepper Locke

NAIC Privacy Protections Working Group Moves Forward to Revise Consumer Privacy ‎‎Protections Model Act

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The NAIC is developing a new Consumer Privacy Protections Model Act (# 674) which will ‎replace the preexisting Insurance Information & Privacy Protection Model Act (# 670) and ‎Privacy of Consumer Financial & Health...more

DCI Consulting

OMB Requests Comments on Proposal for Revising Race and Ethnicity Standards

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​​​​​​​On January 26, 2023, the Office of Management and Budget (OMB) announced its proposal for updating the standards used for collecting race and ethnicity data. OMB most recently updated these standards in 1997 through...more

Troutman Pepper Locke

CFPB Seeks Public Comment on Collecting Data on Auto Lending Market

Troutman Pepper Locke on

On November 17, the Consumer Financial Protection Bureau (CFPB) announced it is seeking public comment on its proposal to develop a new data set to better monitor the auto loan market. According to the CFPB, greater...more

Farella Braun + Martel LLP

Cybersecurity Regulation: Key Takeaways From an Unusual FTC Order That Will Follow CEO for a Decade

The FTC recently issued a proposed order that would settle an enforcement action against Drizly, LLC and its co-founder and CEO, James Rellas, arising from data breaches in 2018 and 2020 that affected over 2.5 million...more

Goodwin

FINRA Proposes Remote Inspection Pilot Program

Goodwin on

​​​​​​​FINRA recently proposed amendments to FINRA Rule 3110 (Supervision) to adopt a voluntary, three-year pilot program (Pilot Program) to allow member firms to conduct remote branch office inspections.  In a nod to where...more

Hogan Lovells

FTC announces advanced notice of proposed rulemaking on commercial surveillance and data security

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The FTC has issued a long-anticipated Advanced Notice of Proposed Rulemaking (ANPR) regarding commercial surveillance and data security practices. The FTC invites public comment on a wide range of issues (through more than 95...more

Orrick, Herrington & Sutcliffe LLP

Draft Revised California Consumer Privacy Act (CCPA) Regulations: The Top 5 Takeaways

At a board meeting on June 8, 2022, the California Privacy Protection Agency (“CPPA”) voted unanimously to move forward with draft revised California Consumer Privacy Act (“CCPA”) regulations, beginning a formal rulemaking...more

WilmerHale

FTC Votes Affirmatively on COPPA Compliance for Education Technology and on Seeking Public Comment for Endorsement Guides

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On May 19, 2022, the Federal Trade Commission (FTC or the “Commission”) including Commissioner Alvaro M. Bedoya in his first sitting since being sworn in to the Commission, held an open meeting to discuss two critical topics:...more

Miles & Stockbridge P.C.

Comments Are In: CFPB Proposed Rule for Small Business Lending Data Collection Under the Equal Credit Opportunity Act

As we reported last year, the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), among other things, required the Consumer Financial Protection Bureau (CFPB) to adopt regulations governing the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - September 2021

In this month’s edition of our Privacy & Cybersecurity Update, we examine the California Privacy Protection Agency's public comment period for the California Privacy Rights Act, the U.K. government's public consultation...more

ArentFox Schiff

FCC Seeks Public Comment on the Current and Future Regulation of the "Internet of Things"

ArentFox Schiff on

Initial Comments Requested by November 1, 2021 - In a Notice of Inquiry, the FCC is requesting public comment in a proceeding that will help determine the scope and nature of regulation of the “Internet of Things” for the...more

Reveal

The Sedona Conference Commentary on Ephemeral Messaging

Reveal on

In last week’s post, I discussed the challenges associated with ephemeral messaging, including a case where the use of an ephemeral messaging app at the wrong time contributed to the issuance of terminating sanctions against...more

Snell & Wilmer

Improving Recovery on Delay and Impact Claims Using American Society of Civil Engineers’ Standard

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2020 is now behind us, and we have reason for a positive outlook for 2021. However, delays and impacts due to COVID-19 and other factors in 2020 will likely continue into 2021, and claims and disputes over relief will likely...more

Mintz - Privacy & Cybersecurity Viewpoints

Holiday Gift from California AG: FOURTH Set of Proposed “Modifications” to CCPA Regs Already in Effect

As businesses continue to work on compliance with the California Consumer Privacy Act (CCPA) and the multiple versions of regulations issued by the Attorney General’s Office, Attorney General Becerra has issued yet another...more

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