News & Analysis as of

Rulemaking Process Privacy Laws

Bradley Arant Boult Cummings LLP

PART 1: “Staying in Our Lane”: Andrew Ferguson’s FTC Philosophy on Privacy Enforcement

Since Andrew Ferguson assumed the role of FTC chair in January 2025, following his year-long tenure as a commissioner, businesses have been watching closely for signals of how the agency might redirect its focus on privacy...more

Robinson+Cole Data Privacy + Security Insider

Stall on Automated Decision-Making Technology Rules from the California Privacy Protection Agency

This week, the California Privacy Protection Agency (CPPA) board held its April meeting to discuss the latest set of proposed regulations, including automated decision-making technology (ADMT) regulations. Instead of...more

Clark Hill PLC

How to Explain Automated Decisions: Recent CJEU Decision and CPPA Rulemaking Offer Insight into ADM Explainability

Clark Hill PLC on

Automated decision-making, or ADM, is used for a wide range of use cases that impact individuals — from processing insurance claims and credit scoring, to ranking job candidates and offering personalized pricing or targeted...more

Parker Poe Adams & Bernstein LLP

State Data Privacy Regulators: New Initiatives and Developments Impacting Companies

Comprehensive state privacy laws often task a state regulator to promulgate accompanying regulations that clarify the law’s requirements and to enforce the law by providing further guidance through its enforcement actions....more

Akin Gump Strauss Hauer & Feld LLP

CPPA Opens Public Comment Period for Proposed AI Regulations

The California Privacy Protection Agency (CPPA) announced the formal public comment period for its latest proposed rulemaking package, which includes updates to existing regulations and introduces new guidelines for automated...more

Sheppard Mullin Richter & Hampton LLP

HHS’ Last-Minute Holiday Gift: Proposed Changes to the HIPAA Security Rule

The U.S. Department of Health and Human Services (“HHS”) issued a Notice of Proposed Rulemaking (the “Proposed Rule”) on December 27, 2024, to significantly amend HIPAA’s Security Rule, which sets forth the security standards...more

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

HHS Office for Civil Rights Proposes Measures to Strengthen Cybersecurity in Health Care Under HIPAA

The Department of Health and Human Services (HHS) has proposed significant modifications to the HIPAA Security Rule and the HITECH Act in an attempt to strengthen cybersecurity protections for electronic protected health...more

Perkins Coie

Fasten Your Seatbelts: CPPA Proposes Rules on Automated Decision-Making and Cybersecurity Audits and Finalizes Data Broker...

Perkins Coie on

After much anticipation, on November 8, the California Privacy Protection Agency (CPPA) Board voted to advance proposed regulations for insurance, cybersecurity audits, risk assessments, and automated decision-making...more

Holland & Knight LLP

The Expected Impact of the Election and Republican Control of Congress on the FTC

Holland & Knight LLP on

The election of Donald Trump as president, combined with forthcoming Republican control of Congress, likely means significant change in how the Federal Trade Commission (FTC or Commission) is structured and approaches...more

Sheppard Mullin Richter & Hampton LLP

The CFPB Continues to Reshape Consumer Protection in the Digital Arena 

On August 28, the CFPB issued a Consumer Advisory warning that it believes video game companies are targeting children for monetary gain. With 45.7 million U.S. children engaged in video gameplay, the agency is concerned...more

Davis Wright Tremaine LLP

Empire State of Minding the Minors: New York Laws Aim To Ensure Children’s Privacy and Online Safety

On June 7, 2024, the New York Legislature passed two bills to protect children online. The Stop Addictive Feeds Exploitation (SAFE) for Kids Act, S7694A, prohibits social media platforms from providing defined "addictive...more

Sheppard Mullin Richter & Hampton LLP

Reminder: FTC Safeguards Rule Notification Requirement Now In Effect

On May 13, the FTC’s amendment to the Safeguards Rule relating to the reporting of data breaches and security incidents, which were announced in October of 2023, became effective. As a reminder, the FTC’s Safeguards Rule...more

Bradley Arant Boult Cummings LLP

FTC Bureau of Consumer Protection Remarks Compare Lessons Learned from Consumer Credit as a Model for Regulating Privacy

In the middle of the 20th century, there was a massive expansion of the retail credit market. Everything from boats to sewing machines to kitchen appliances were bought and sold through increasingly complex credit...more

Sheppard Mullin Richter & Hampton LLP

Report Signals CFPB Taking Aim at Video Game and Virtual Worlds Industries

On April 4, the CFPB published a new Issue Spotlight, titled “Banking in Video Games and Virtual Worlds” that analyzes the increased commercial activity within online video games and virtual worlds and the apparent risks to...more

BakerHostetler

FTC Releases Privacy and Data Security Update

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On March 28, 2024, the FTC released its annual Privacy and Data Security Update (Update), which highlights the enforcement actions, guidance, and rules promulgated by the agency from 2021 through 2023 to protect consumer data...more

Bass, Berry & Sims PLC

AI a Target of California Regulation Drafting

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While generative artificial intelligence (AI) apps – such as Chat-GPT, Google Gemini, and Stable Diffusion – are capturing the national spotlight, many businesses are using other forms of machine learning, algorithms, and...more

Jenner & Block

Client Alert: California Consumer Privacy Act Rules: Twists and Turns on the Road to Enforcement

Jenner & Block on

Businesses subject to the California Consumer Privacy Act (CCPA) could be forgiven for feeling like they have whiplash from the twists and turns in the California privacy rulemaking process. To recap: In June 2023, the...more

McDermott Will & Emery

CPPA Releases Proposed Updates to CCPA Regulations and Unveils New Draft Privacy Assessment and ADM Rules

On February 23, 2024, the California Privacy Protection Agency (CPPA) released proposed updates to the California Consumer Privacy Act (CCPA) regulations and draft updates to the Risk Assessment and Automated Decisionmaking...more

WilmerHale

2024 Privacy Law Preview

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As we have detailed previously, 2023 was a landmark year for privacy law, featuring numerous developments at the federal, state and international levels, ranging from newly enacted statutes to massive regulatory enforcement...more

Mintz - Privacy & Cybersecurity Viewpoints

Draft Cybersecurity Audit and Risk Assessment Regulations Issued by CPPA

The California Privacy Protection Agency (CPPA) has released its agenda for the September 8 board meeting, which includes (among other topics) presentation of a draft Cybersecurity Audit Regulation and a draft Risk Assessment...more

Davis Wright Tremaine LLP

California Regulator Previews Intentions for Cybersecurity, Privacy, and Automated Decisionmaking Regulations

The CPPA kicked off a first round of rulemaking in May 2022 and finalized that set of rules in March of this year. At the latest California Privacy Protection Agency (CPPA) meeting, the CPRA Rules Subcommittee (Rules...more

Davis Wright Tremaine LLP

Florida Digital Bill of Rights Signed Into Law

The Florida Digital Bill of Rights (FDBR) was signed into law by Governor Ron DeSantis on June 6, 2023, making Florida the tenth state to enact a consumer data privacy law along with California, Virginia, Colorado,...more

BakerHostetler

2023 DSIR Report Deeper Dive: Privacy at the FTC - What Are the Hot Topics Almost Two Years Into the Khan Administration?

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It has been almost two years since Lina Khan was designated the new Federal Trade Commission (FTC) chair, and it has been an eventful few years. One of the many questions being asked is “Where do things stand at the FTC on...more

Sheppard Mullin Richter & Hampton LLP

CFPB Director Elevates Priorities for Data Privacy & Repeat Offenders

On April 4, CFPB Director Rohit Chopra delivered remarks at the International Association of Privacy Professionals’ Global Policy Summit on the importance of reigning in repeat violators of consumer finance and privacy laws....more

ArentFox Schiff

January 2023 AFS Privacy Report: Colorado Department of Law Issues Updated Draft CPA Rules

ArentFox Schiff on

Colorado Department of Law Issues Draft CPA Revisions - On December 22, the Colorado Department of Law issued updates to the draft Colorado Privacy Act (CPA) rules. These revisions build on written comments and feedback from...more

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