News & Analysis as of

Personal Information Data Privacy Consent

Akin Gump Strauss Hauer & Feld LLP

Akin Intelligence - April 2025

On May 19, 2025, President Trump signed the bipartisan TAKE IT DOWN Act into law. The Act criminalizes the publication of nonconsensual intimate visual depictions of individuals, including AI-generated deepfakes. Threats to...more

Robinson+Cole Data Privacy + Security Insider

State Data Minimization Laws Spark Compliance Uncertainty

A new wave of state consumer privacy laws focused on limiting data collection is creating anxiety among businesses—and Maryland is leading the charge. The Maryland Online Data Privacy Act (MODPA), set to take effect in...more

Fisher Phillips

Clothing Retailer Faces Big Fines for CCPA Violations: A Wake-Up Call + An Action Plan for Businesses

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In a significant enforcement move, California’s consumer privacy regulator just ordered a national clothing retailer to pay a $345,178 fine to resolve alleged violations of the state’s privacy law. The California Privacy...more

Kilpatrick

Arkansas Becomes First State to Enact a COPPA 2.0 Inspired Privacy Law

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On April 7, 2025, Arkansas passed the Arkansas Children and Teens’ Online Privacy Protection Act (HB 1717) - a state law modeled closely after the federal Children and Teens’ Online Privacy Protection Act (widely referred to...more

Alston & Bird

Arkansas Enacts Children and Teens’ Online Privacy Protection Act

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On April 21, 2025, Arkansas Governor Sarah Huckabee Sanders signed into law the Arkansas Children and Teens’ Online Privacy Protection Act (Act), which will become effective on July 1, 2026. It draws inspiration from the...more

Robinson+Cole Data Privacy + Security Insider

EdTech and Privacy of Student Information: A Case Study

On March 27, 2025, a class action lawsuit was filed against the education technology (EdTech) company Instructure, the parent company of Canvas, a popular learning management system. The complaint alleges that Instructure...more

Hudson Cook, LLP

State AGs Step Up Privacy Enforcement

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With attention on Democratic Attorneys General vowing to fill the void left by weakened federal regulators, and perhaps a more partisan divide on enforcement generally, a bipartisan consensus is quietly emerging in the states...more

Wilson Sonsini Goodrich & Rosati

Lessons from the CPPA’s $632,500 Settlement with Connected Vehicle Manufacturer

On March 12, 2025, the California Privacy Protection Agency (CPPA) announced a settlement with American Honda Motor Co. (Honda) over alleged violations of the California Consumer Privacy Act (CCPA). The CPPA investigated...more

Husch Blackwell LLP

CPPA Announces Its First CCPA Non-Data Broker Enforcement Action

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On March 12, 2025, the California Privacy Protection Agency (Agency) announced its first non-data broker enforcement action requiring a vehicle manufacturer to pay an administrative fine of $632,500 in connection with the...more

Benesch

Scientific American Unable to Kick VPPA Class Action

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In a notable development for corporate defendants grappling with consumer privacy litigation, the Southern District of New York has recently issued a decision in Lee v. Springer Nature America, Inc., embracing a broadened...more

Mayer Brown

Children’s Online Privacy: Recent Actions by the States and the FTC

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AT A GLANCE - As the digital world becomes an integral part of children's lives, state legislatures are placing greater emphasis on regulating how companies handle children’s personal information. This Legal Update...more

Mintz - Health Care Viewpoints

Will New York Be Next to Regulate Specifically Personal Health Information to Further, and Possibly Re-Write, a New Paradigm of...

The New York legislature passed its version of Washington’s My Health My Data Act (“WA MHMDA”) on January 22, 2025. Currently awaiting action by Governor Kathy Hochul, the New York Health Information Privacy Act (“NY HIPA”)...more

Jackson Lewis P.C.

California’s Proposed Location Privacy Act: A Potential Game-Changer for Tracking Location of Individuals

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Businesses that track the geolocation of individuals—whether for fleet management, sales and promotion, logistics, risk mitigation, or other reasons—should closely monitor the progress of California Assembly Bill 1355 (AB...more

WilmerHale

First Lawsuit Filed Under Washington’s My Health My Data Act

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The first class action complaint was filed under Washington’s My Health My Data Act (“MHMDA”) on February 10, 2025, more than a year after the law’s passage. When the law passed in April 2023, MHMDA was novel for its broad...more

Epstein Becker & Green

New York’s Health Information Privacy Act Poised to Become the Latest in a Growing Trend of State Data Privacy Laws

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New York State appears poised to become the fourth state to explicitly regulate consumer health data not covered by the federal Health Insurance Portability and Accountability Act (HIPAA)....more

Lowenstein Sandler LLP

Privacy Implications of Real-Time Bidding – Lessons From the Mobilewalla Enforcement Action

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With advances in digital technology and consumers’ insatiable appetite for “free” content, the advertising technology industry (AdTech) has played a crucial role in delivering highly personalized ad campaigns to consumers...more

Perkins Coie

FTC Announces New Children’s Privacy Requirements in Updated COPPA Rule

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The Federal Trade Commission (FTC or Commission) announced long-awaited amendments to the Children’s Online Privacy Protection Act Rule (COPPA Rule) on January 16, 2025, marking the first changes to the COPPA Rule since 2013....more

Jackson Lewis P.C.

Class Certification Granted – California Website Tracking Lawsuit Reminds Businesses about Notice Risks

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A California federal district court recently granted class certification in a lawsuit against a financial services company. The case involves allegations that the company’s website used third-party technology to track users’...more

Arnall Golden Gregory LLP

FTC Finalizes Its First Updates to Children’s Privacy Rule Since 2013

On January 16, 2025, the Federal Trade Commission (“FTC”) announced its Final Rule amendments to the Children’s Online Privacy Protection Act (“COPPA”) Rule, which imposes requirements on website and online service operators...more

Fox Rothschild LLP

Valid Consent: General Public vs. Gamblers

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A new decision by the United Kingdom’s high court says that even if you have cookie and marketing consent mechanisms that are sufficient for valid consent under privacy laws for the general public, they may not be enough for...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Finalizes Long-Awaited Child Online Privacy Rule Amendments

On January 16, 2025, the Federal Trade Commission (FTC) finalized amendments to the Children’s Online Privacy Protection Act (COPPA) Rule (Final Rule) relating to the collection, use and disclosure of personal information...more

Clark Hill PLC

FTC’s Updated COPPA Rule Is Here: What Business Should Know About Children’s Online Privacy

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On Jan. 16, the Federal Trade Commission (FTC) announced long-awaited and significant updates to the Children’s Online Privacy Protection Act (COPPA) Rule, the first revisions since 2013. These updates apply to online...more

Fox Rothschild LLP

FTC’s Final Changes to COPPA Rule

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Earlier this month, the Federal Trade Commission (FTC) announced that it had finalized changes to the Children’s Online Privacy Protection Act (COPPA) Rule to set new requirements around the collection, use, and disclosure of...more

Foley Hoag LLP - Security, Privacy and the...

FTC Finalizes Update to Children’s Privacy Rules Under COPPA

The Federal Trade Commission's first update in over a decade to its rules under the Children’s Online Privacy Protection Act (“COPPA”) did not bring the dramatic updates that some privacy advocates had requested. Instead, the...more

Wiley Rein LLP

FTC Adopts Amended Children’s Online Protection Act Rule

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On January 16, 2025, the Federal Trade Commission (FTC or Commission) finalized changes to the Children’s Online Privacy Protection Act (COPPA) Rule (Final Rule). The Final Rule adopts certain amendments that were proposed in...more

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