News & Analysis as of

Data-Sharing

Ballard Spahr LLP

CFPB states the Section 1033 Open Banking rule exceeds its authority

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In its motion for a summary judgment in a lawsuit challenging the regulation, the CFPB stated it has concluded that the Section 1033 Rule (Rule) exceeds the agency’s statutory authority to create an open banking system...more

Hogan Lovells

Malaysia enacts data sharing rules for public sector

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With the introduction of the Data Sharing Act 2025 (the “Act”), Malaysia has formalised the rules governing the sharing of data between its public sector agencies. Designed to foster greater collaboration and efficiency, the...more

Fisher Phillips

New Class Certification Decision in App-Tracking Case Provides Critical Guidance for Businesses Facing Privacy Claims

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A California federal court just certified a significant class action involving allegations that a health-tracking app improperly shared sensitive health information with third parties without user consent. The court’s May 22...more

BakerHostetler

DSIR Deeper Dive: A Big Year for VPPA Developments

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The past year has brought a number of federal appellate rulings under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, one of the statutes under which plaintiffs have been filing numerous claims in recent years...more

McDermott Will & Emery

FTC Finalizes Amendments to the Children’s Online Privacy Protection Rule

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On April 22, 2025, the Federal Trade Commission’s (FTC) changes to the Children’s Online Privacy Protection Rule (COPPA Rule) were published in the Federal Register. The updates will go into effect on June 23, 2025, and...more

Ankura

Challenges in Data Sharing between Banking Partners

Ankura on

Life in the United States and most modern industrialized countries is driven primarily by data. Google alone processes 20 Petabytes of data every day (1 petabyte = 1 million gigabytes. Economies are built on data; marketing...more

Latham & Watkins LLP

FTC Publishes Updates to COPPA Rule

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The first updates to the COPPA Rule since 2013 impose new obligations for sharing children’s personal information with third parties. On April 22, 2025, the Federal Trade Commission (FTC or Commission) published the final...more

A&O Shearman

Helping consumers navigate their financial lives: The FCA’s Strategy for 2025 – 2030

A&O Shearman on

The UK Financial Conduct Authority (FCA) has outlined its strategy for the next five years, reaffirming its commitment to prioritising consumer interests. Building on the foundation laid by the previous strategy, which...more

Benesch

Ubisoft Win Offers Defense Blueprint for VPPA Consent Challenges

Benesch on

A recent decision from the Northern District of California may signal an important shift in the trend of how courts interpret “consent” under the Video Privacy Protection Act (VPPA). In Lakes v. Ubisoft, Inc., No....more

Loeb & Loeb LLP

Second Circuit Joins Judicial Trend: No VPPA Violation in Pixel-Sharing Case

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The Second Circuit Court of Appeals upheld the dismissal of a proposed class action against Flipps Media (now Triller TV), ruling that the company did not violate the federal Video Privacy Protection Act (VPPA) by sharing...more

Morgan Lewis - Tech & Sourcing

Data Sharing in Sports Sponsorship Contracts

Sports sponsorship contracts traditionally focus on category exclusivity and entitlements while overlooking data sharing language. However, with the rapid evolution of data usage in the industry, incorporating data sharing...more

Fisher Phillips

California Court Rejects Attempt to Expand Third-Party Eavesdropping Claims to Internet Communications: How Your Business Can...

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Businesses just received some good news when a federal court dismissed a California Invasion of Privacy Act (CIPA) claim that aimed to expand the reach of the state’s wiretapping law to cover internet communications. The...more

Latham & Watkins LLP

Preparing for the European Health Data Space - Opportunities and Challenges for Europe’s Digital Future

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The EU regulation designed to facilitate secondary use of clinical data for research brings benefits for health research, but also poses challenges for companies....more

Parker Poe Adams & Bernstein LLP

What EEOC Guidance Says About Temporary Staffing Agencies Sharing Employee Medical Information With Clients

Recently we had a client pose an interesting question about providing accommodations to disabled temporary workers. A temp agency referred a worker to its client, but advised the client that the worker had requested certain...more

Fisher Phillips

New IRS and SSA Data-Sharing Efforts Raise Immigration Stakes for Employers: 5 Action Items to Address Risk

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Federal authorities are ramping up their use of interagency data to pursue immigration enforcement, with major implications for employers. An April 7 agreement between the IRS and ICE enables immigration agents to access tax...more

Holland & Knight LLP

Google Search: Data Sharing as a Risk or Remedy?

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Google is so ubiquitous it's both a noun and a verb, and nearly everyone's search engine of choice. As a result, the landmark antitrust case brought by the U.S. Department of Justice and several states (collectively, the...more

Fisher Phillips

Businesses Get Big Privacy Win in Tester Plaintiffs’ Wiretapping Case: 3 Key Takeaways

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In a big win for businesses, a California federal court just held that a “tester” plaintiff – someone who visits websites for purposes of initiating litigation – cannot bring a claim under the California Invasion of Privacy...more

Fisher Phillips

From Search to Share: Court Holds Third-Party Interception of Search Bar Terms Can Support CIPA Claim

Fisher Phillips on

As the privacy litigation landscape continues to take shape, search bars have quietly become a Trojan horse in online data collection, carrying new legal theories into the California Invasion of Privacy Act (CIPA) arena. The...more

Benesch

New Data-Sharing Agreement Between DHS and IRS Will Impact Employers and Provide ICE with Unprecedented Access to Sensitive Data

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The Department of Homeland Security (“DHS”) and the Department of Treasury reached a data-sharing agreement in a Memorandum of Understanding (“MOU”) filed April 7, 2025....more

Benesch

Ninth Circuit Upholds Mass Arbitration Consolidation

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The Ninth Circuit’s recent decision in Jones v. Starz Entertainment, LLC marks a significant development in the continued rapid evolution of mass arbitration. ...more

Fisher Phillips

California Probe Targets Location Data Industry: 5 Steps to Keep Your Business Off the CCPA Enforcement Radar

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A new California investigative sweep into the location data industry focuses on whether businesses have violated state law relating to the consumers’ right to limit how their personal information – including their geolocation...more

Kelley Drye & Warren LLP

CPPA Drives Home Enforcement Priorities in CCPA Settlement with Honda

On March 12, 2025, the California Privacy Protection Agency (CPPA) announced a settlement with American Honda Motor Co., resolving allegations that the company violated the California Consumer Privacy Act (CCPA) and requiring...more

McGlinchey Stafford

The Next Wave of Open Banking: New Rules on Personal Financial Data Rights

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A rapid transformation in consumer finance is being brought about by open banking—a pivotal innovation that allows consumers to give third parties real-time access to their detailed financial data. Open banking has the...more

Fisher Phillips

California’s Latest Privacy Push: The Location Tracking Crackdown Businesses Can’t Ignore

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Businesses operating in California that rely on location tracking – whether for fleet management, employee monitoring, logistics, or marketing – should pay close attention to a bill that would dramatically alter the legal...more

Latham & Watkins LLP

Personal Data: A Relative Concept?

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Advocate General Spielmann opines that personal data can be pseudonymous in the hands of one party and anonymous in the hands of another....more

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