Shook lawyers explore some of the hottest privacy issues business owners and in-house counsel need to know to help mitigate exposure. Chief among them, website privacy litigation and pixel class actions. Shook Privacy and...more
Florida will not pass a comprehensive data privacy law for the second year in a row. It will be easy for some to speculate that the bill died because the House insisted on a private right of action. That speculation would be...more
The Florida House of Representatives today passed HB 9 by a vote of 103 to 8. The bill would be Florida’s first “comprehensive” data privacy law. You can read this post to learn more about what the bill would do; this one for...more
It was a busy week for HB 9 in Tallahassee. There was a strike-all amendment, several proposed unfriendly amendments, a House Judiciary Committee meeting, a second strike-all, more unfriendly amendments, and a date for a...more
In my last post, I wrote about my impression that legislators and staff do not intend for HB 9 to apply to companies that merely “receive” personal information (i.e., those that do not engage in buying or selling personal...more
The Florida House of Representatives has introduced its version of a comprehensive privacy law (HB 9 – no fancy acronym, unlike the FPPA in the Senate). This blog post will explain the key differences between the House and...more
The Florida House of Representatives has released its version of a proposed comprehensive privacy law. Coming in at 31 pages, HB 9 is sponsored by Representative McFarland (a champion of data privacy on the House side). On...more
This blog post will summarize Senate Bill 1864, released on Friday, which is the first “comprehensive” privacy bill to be released in advance of the 2022 Florida legislative session. This is a long post, so I begin with a...more
By a vote of 29-11, the Florida Senate passed its version of HB 969 and sent the bill back to the House for consideration of the rewritten version. At this point, there are only two legislative options remaining: (1) the...more
With only three days left in the legislative session, and on the morning when my Op-Ed was published by the Tallahassee Democrat, the Florida Senate weighed in on the House’s passage of HB 969. There were two ways it could...more
Within the week, we will know whether Florida will adopt the most aggressive privacy law in the country, something more moderate, or nothing at all. But an issue that has not received enough attention is the reason HB 969 and...more
The Florida House of Representatives has officially passed HB 969, which would create the most aggressive privacy law in the United States. The bill would apply to companies that generate $50 million or more in annual gross...more
Despite concerns expressed by House Democrat Ben Diamond about the private right of action, HB 969 passed second reading in the Florida House of Representatives today. The bill now moves to a 3rd reading, which is the last...more
Today, the Florida House of Representatives Commerce Committee voted unanimously to allow HB 969, which would be the most aggressive privacy law in the country, to move forward for a full House floor vote. This post explains...more
The Florida Senate appears poised to hit the brakes on privacy legislation that has thus far soared through committees in both legislative chambers. The House version (HB 969) and the Senate Version (SB 1734) would have not...more
The Florida Senate’s version of a new comprehensive privacy law (a.k.a. the “Florida Privacy Protection Act” (FPPA)) passed unscathed out of the Senate’s Committee on Commerce and Tourism yesterday. The bill’s sponsor fought...more
The California Attorney General has approved some modifications to regulations of the California Consumer Privacy Act (CCPA). The four new changes, which become effective today, are described by the California AG as...more
HB 969, a comprehensive privacy law that would immediately become the most onerous in the United States, sailed through the Florida House of Representatives’ Regulatory Reform Subcommittee yesterday....more
The Florida Legislature is considering a comprehensive privacy law (HB 969) that would fundamentally change the landscape of how/whether companies do business in Florida. The bill is largely a “cut-and-paste” of the...more
Yesterday, the Governor of Florida threw his support behind a newly introduced consumer data privacy bill (HB 969) which is very similar to the California Consumer Privacy Act of 2018. The Governor’s support is a significant...more
Shook Weighs in on Updated CCPA Regulations -
In response to extensive public comment, the California Attorney General’s office released modified draft regulations under the CCPA on February 7. Shook has provided initial...more
3/10/2020
/ Biometric Information ,
Board of Directors ,
C-Suite Executives ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Data Protection Commissioner ,
Data Security ,
EHealth ,
EIOPA ,
EU ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Security Rule ,
International Data Transfers ,
Ireland ,
LabMD ,
New Guidance ,
OCR ,
Opt-Outs ,
Personal Information ,
PHI ,
Popular ,
Privacy Laws ,
Proposed Legislation ,
Right to Delete ,
Third-Party Service Provider ,
Underwriting
California AG Updates CCPA Regulations -
The long wait—two excruciating months from the end of initial public comment—is over. The California Attorney General’s office, in a bid to ruin the weekend for privacy...more
2/12/2020
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Information ,
Privacy Laws ,
Public Comment ,
Regulatory Agenda ,
Regulatory Requirements ,
Rulemaking Process ,
State Attorneys General
The Florida Senate and House of Representatives are considering two bills (SB 1670 and HB 963) that, if adopted, will amend Florida law to create the state’s first comprehensive privacy law (though they do not go nearly as...more
1/28/2020
/ Biometric Information ,
California Consumer Privacy Act (CCPA) ,
Carve Out Provisions ,
Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Florida ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Governance ,
Internet Privacy ,
Legislative Agendas ,
Marketing ,
Online Platforms ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Amendments ,
Proposed Legislation ,
Proposed Regulation ,
Public Records ,
Records Request ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government ,
Websites
French Data Protection Authority Issues Guidelines on Cookie Use -
CNIL, France’s data protection authority, has released new rulesfor obtaining consumer consent under the GDPR for companies using cookies and other tracking...more
8/6/2019
/ CNIL ,
Cookies ,
COPPA ,
Data Breach ,
Data Protection Authority ,
Equifax ,
EU ,
Facebook ,
Federal Trade Commission (FTC) ,
France ,
General Data Protection Regulation (GDPR) ,
Information Technology ,
International Data Transfers ,
New Guidance ,
Popular ,
Prior Express Consent ,
Privacy Laws ,
Settlement Agreements ,
SHIELD Act ,
Singapore ,
State Data Breach Notification Statutes ,
Website Owner Liability
The Legal 500 Adds Shook to Top Rankings in Cyber Law-
The Legal 500 United States has again recognized Shook, Hardy & Bacon as one of the premier litigation firms in the country, giving top marks to a variety of practices,...more
7/10/2019
/ Amended Rules ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Data Privacy ,
Employees ,
Exceptions ,
Improper Venue ,
Internet Service Providers (ISPs) ,
New Rules ,
Opt-In ,
Popular ,
Privacy Laws ,
Private Right of Action ,
Proposed Amendments ,
Proposed Legislation ,
Railway Labor Act ,
Southwest Airlines ,
State Data Breach Notification Statutes