On February 17, 2023, the Illinois Supreme Court held in a 4-3 split opinion that claims under the state’s Biometric Information Privacy Act (BIPA) accrue each time there is a biometric collection or transmission constituting...more
The past two weeks have seen continued developments in the state comprehensive privacy legislative landscape. Maryland, Minnesota, and Texas have entered the fray with new proposals, bringing the total number of states that...more
2/15/2023
/ Biometric Information ,
Consumer Privacy Rights ,
COPPA ,
Data Privacy ,
Fair Credit Reporting Act (FCRA) ,
FERPA ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
Personal Information ,
Privacy Laws ,
Proposed Legislation ,
State Privacy Laws
On February 2, 2023, the Illinois Supreme Court held in a unanimous opinion that individuals have five years after an alleged violation to bring claims under the state’s Biometric Information Privacy Act (BIPA). This ruling...more
On February 1, the Colorado Attorney General’s (AG) Office and the Colorado Department of Law (the “Department”) held a rulemaking hearing on the Proposed Draft Rules for the Colorado Privacy Act (CPA), which goes into effect...more
In a press release on January 27, 2023, California Attorney General (“California AG”) Rob Bonta announced an investigative sweep focused on mobile applications’ compliance under the California Consumer Privacy Act (CCPA),...more
2023 continues to be a busy year for state comprehensive privacy legislation. Since our last post, several new states have entered the fray with legislative proposals, while some of the bills we previously examined have moved...more
The new year has already seen a flurry of state privacy law activity, with legislators in at least nine states (Indiana, Iowa, Kentucky, Massachusetts, Mississippi, New York, Oklahoma, Oregon, and Tennessee) proposing new...more
On August 29, 2022, the California Age-Appropriate Design Code Act (the Act) was unanimously approved by the California State Senate. It now awaits Governor Gavin Newsom’s signature....more
9/15/2022
/ Children's Online Games ,
COPPA ,
Data Privacy ,
Data Protection Impact Assessments (DPIAs) ,
Enforcement ,
Governor Newsom ,
Minors ,
Online Platforms ,
Penalties ,
Pending Legislation ,
Social Networks ,
Websites
On July 20, the House Committee on Energy & Commerce held an open markup session on the American Data Privacy and Protection Act (ADPPA), which concluded in an affirmative vote (53-2) for an amended version of the bill to...more
This week, the American Data Privacy and Protection Act (ADPPA), H.R. 8152, was formally introduced in the House by Representatives Frank Pallone (D-NJ), Cathy McMorris Rodgers (R-WA), Janice Schakowsky (D-IL), and Gus...more
On June 15, 2022, Senator Elizabeth Warren introduced Senate Bill S.4408, Health and Location Data Privacy Act of 2022 (the “Bill”). The Bill, co-sponsored with Senators Ron Wyden, Patty Murray, Sheldon Whitehouse, and Bernie...more
Last week, Representatives Frank Pallone (D-NJ) and Cathy McMorris Rodgers (R-WA) and Senator Roger Wicker (R-MS) released a draft federal privacy proposal titled the American Data Privacy and Protection Act (ADPPA). ADPPA is...more
6/8/2022
/ California Consumer Privacy Act (CCPA) ,
Congressional Committees ,
Consumer Privacy Rights ,
Covered Entities ,
Data Privacy ,
Duty of Loyalty ,
Enforcement ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Preemption ,
Private Right of Action ,
Proposed Legislation ,
Sensitive Personal Information ,
State Privacy Laws
In our third California Privacy Update, we continue to closely follow potential privacy law updates in California. ...more
On March 25, 2022, US President Joe Biden and European Commission President Ursula von der Leyen made the long-awaited announcement that the United States and the European Union have agreed, in principle, to the...more
Several comprehensive privacy bills are being considered at the state level. This blog post provides notable updates on bills companies should be paying attention to as they move through their respective legislatures....more
Utah is close to becoming the fourth state to have a comprehensive privacy law. The Utah Consumer Privacy Act (SB 227) unanimously passed the Utah Senate on February 25. And the Utah House followed suit quickly, unanimously...more
The Colorado AG recently provided guidance on data security best practices. Companies doing business in Colorado, especially those subject to the Colorado Privacy Act, should be paying attention to what is required under...more
On June 7, 2021, the Colorado House of Representatives passed the Colorado Privacy Act (CPA), a comprehensive privacy law similar to the California Privacy Rights Act (CPRA) and California Consumer Privacy Act (CCPA), as well...more
6/9/2021
/ Business Associates ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Covered Entities ,
Data Controller ,
Data Privacy ,
Exemptions ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Opt-Outs ,
Pending Legislation ,
Personal Data ,
Sensitive Personal Information ,
State Privacy Laws
The California Privacy Rights and Enforcement Act (“CPRA”) - the latest ballot initiative spearheaded by Alastair MacTaggart and his group Californians for Consumer Privacy - has qualified for the November 3, 2020 ballot,...more
The automobile industry has been racing full speed ahead in recent years on its quest for increased connectivity and automation, but it may soon find itself swept up in the wave of privacy and data security laws and...more
1/3/2020
/ Automotive Industry ,
California Consumer Privacy Act (CCPA) ,
Connected Cars ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Legislative Agendas ,
Manufacturers ,
Personal Information ,
Popular ,
Risk Management
As many businesses occupy themselves with coming into compliance with the California Consumer Privacy Act (CCPA) before the law’s effective date of January 1, 2020, Congress is renewing discussion of a possible comprehensive...more
12/11/2019
/ California Consumer Privacy Act (CCPA) ,
Congressional Committees ,
Corporate Counsel ,
Data Privacy ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Preemption ,
Privacy Laws ,
Private Right of Action ,
Section 5 ,
State Attorneys General ,
State Data Privacy Laws