On June 30, the Delaware legislature passed the Personal Data Privacy Act (“the Act”). The Act now moves to the Delaware Governor’s desk for consideration and, if signed into law, will make Delaware the seventh state this...more
7/11/2023
/ Advertising ,
Advertising to Minors ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Processors ,
Minors ,
Notice Requirements ,
Opt-Outs ,
Pending Legislation ,
Personal Data ,
Sensitive Personal Information ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices
On May 31, the Federal Trade Commission (FTC or Commission) announced two separate enforcement actions against Amazon—one involving its cloud-based voice service, Alexa, and the other involving Ring, its smart doorbell...more
6/7/2023
/ ALEXA ,
Amazon ,
Artificial Intelligence ,
Biometric Information ,
Consumer Privacy Rights ,
COPPA ,
Corporate Counsel ,
Cybersecurity ,
Data Deletion ,
Data Privacy ,
Deceptive Intent ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Personal Data ,
Popular ,
Settlement ,
Unfair or Deceptive Trade Practices
The weeks since our last update have seen continued developments in the state comprehensive privacy law arena. Bills passed by the Indiana, Tennessee, and Montana legislatures were officially signed into law by those states’...more
On May 4, the Florida House passed an amended version of SB 262, a bill establishing the Florida Digital Bill of Rights. The bill now moves to Governor Ron DeSantis’s desk for signature. ...more
This legislative session has been marked by the continuing growth of the nation’s patchwork of state comprehensive privacy laws, and the weeks since our last update have been no exception. April saw state legislatures in...more
On Tuesday, April 11, the Indiana House passed Senate Bill No. 5, a comprehensive state privacy law similar to the ones that are already in effect in California, Colorado, Virginia, Utah and Connecticut. This bill previously...more
The past two weeks have seen continued progress on proposed comprehensive privacy legislation across multiple states. Most notably, on March 28, Iowa Governor Kim Reynolds signed SF 262 into law, officially making Iowa the...more
On Wednesday, March 15, the Consumer Financial Protection Bureau (CFPB) announced an inquiry into data brokers, issuing a “Request for Information Regarding Data Brokers and Other Business Practices Involving the Collection...more
On February 27, 2023, the Chairman of the House Financial Services Committee Patrick McHenry (NC-10) introduced the Data Privacy Act of 2023 (the Bill), which would amend the Gramm-Leach-Bliley Act (GLBA) to “modernize[]...more
Since our last update, comprehensive privacy law proposals have continued to emerge and progress through state legislatures. Most notably, five bills have now passed a legislative chamber, with Hawaii’s Consumer Data...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
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 September 30, the Colorado Attorney General’s Office (“Colorado AG’s Office”) released proposed rules (the “Proposed Rules”) for the Colorado Privacy Act (CPA), which goes into effect on July 1, 2023. The Proposed Rules...more
On May 16, 2022, the European Data Protection Board (EDPB), the independent body of data protection supervisors that promotes consistent data protection rules and application thereof throughout the European Union (EU),...more
5/31/2022
/ Artificial Intelligence ,
Biometric Information ,
Corporate Counsel ,
Corporate Fines ,
Data Protection Authority ,
Enforcement Actions ,
EU ,
European Data Protection Board (EDPB) ,
Facial Recognition Technology ,
General Data Protection Regulation (GDPR) ,
Law Enforcement ,
New Guidance ,
Personal Data ,
Right to Privacy
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
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
Businesses that transfer personal data to and from the United Kingdom will soon have clarity regarding transfers from the UK to recipients outside the EU/EEA.
On February 2, 2022, the United Kingdom Secretary of State...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
On June 4th, 2021, the European Commission adopted and published a new set of so-called standard contractual clauses (“SCCs”) providing a legal basis for international transfers of personal data from the EU/EEA to third...more
6/7/2021
/ EU ,
EU-US Privacy Shield ,
European Commission ,
European Court of Justice (ECJ) ,
European Economic Area (EEA) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
UK
The long wait to see if any state would join California in passing a comprehensive privacy law is finally coming to an end, as the Virginia Senate passed the Virginia Consumer Data Protection Act (CDPA) on February 3. An...more
The European Court of Justice (the “Court”) issued the long-awaited “Schrems II” decision. (see Facebook Ireland Ltd. v. Maximillian Schrems).
In its decision, the Court (1) struck down the Privacy Shield program that...more
As state legislatures begin their 2020 sessions, proposals for stronger privacy laws are at the top of the agenda across the country. Carrying forward the story we told in reports in February, April, and July of last year,...more
2/4/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Fair Credit Reporting Act (FCRA) ,
General Data Protection Regulation (GDPR) ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
Personal Information ,
Privacy Laws ,
Proposed Legislation ,
State Data Privacy Laws