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DC Circuit Narrows Who Qualifies as a Consumer Under the VPPA

To bring a claim under the Video Privacy Protection Act (VPPA), a plaintiff must qualify as a “consumer,” which the statute defines as any renter, purchaser, or subscriber of goods or services from a video tape service...more

Colorado's Draft Rules for a New Children's Privacy Law

The Colorado Attorney General recently published draft rules implementing a new children’s privacy law in the state. Companies have until September 10th to comment on the rules. With the new children’s privacy statute going...more

The Minnesota Consumer Data Privacy Act

The Minnesota Consumer Data Privacy Act takes effect July 31, 2025. The Minnesota measure has a few unique requirements among state comprehensive privacy law. Here are a few that deserve a second look...more

CPPA Board Adopts CCPA Regulations on ADMT Risk Assessments Cybersecurity Audits and Reopens Public Comment on DROP Requirements

On July 24, 2025, the California Privacy Protection Agency (CPPA) Board held a public meeting to finalize major amendments to the CCPA regulations, including rules on Automated Decision-Making Technology (ADMT), risk...more

Connecticut Enacts Amendments to State’s Data Privacy Law

On June 25, 2025, Governor Ned Lamont signed Connecticut Senate Bill 1295 into law. SB 1295 significantly amends the Connecticut Data Privacy Act (CTDPA) by lowering the threshold for applicability, broadening the definition...more

Texas Enacts Texas Responsible Artificial Intelligence Governance Act

On June 22, 2025, Texas Governor Greg Abbott signed the Texas Responsible AI Governance Act (TRAIGA) into law. While earlier versions of the bill mirrored broader frameworks like the EU AI Act, the final version scales back...more

Illinois Federal Court Dismisses BIPA Claim Against Hyundai Over Driver Monitoring Technology

A federal court in Illinois has dismissed a class action suit filed under the Illinois Biometric Information Privacy Act (BIPA), finding that Hyundai did not “collect, capture, or otherwise obtain” biometric data by use of...more

Court Rejects Class Certification in Pixel Tracking Suit Against AddShoppers and Peet’s Coffee

In a significant win for the defense, a California federal judge denied class certification in a California Invasion of Privacy Act (CIPA) suit alleging that AddShoppers and Peet’s Coffee unlawfully tracked website visitors...more

New Jersey Proposes Rules for Implementing New Jersey Data Privacy Act

The New Jersey Division of Consumer Affairs has released proposed rules to implement the New Jersey Data Privacy Act (NJDPA). For covered businesses, these proposed rules demand close attention—not only for their substantive...more

Kilpatrick's Privacy Dispatch - May 2025

Here are some recent privacy and cybersecurity related news stories that caught our attention over the past couple of weeks. California Privacy Protection Agency (CPPA) Issues New Proposed Regulations - The CPPA has...more

AI Deregulatory Trends Continue; CPPA Board Proposes Revised Draft Regulations on Automated Decision-Making Technology, Risk...

The California Privacy Protection Agency (“CPPA”) Board released newly modified draft regulations addressing automated decision-making technology (“ADMT”), risk assessments, and cybersecurity audits under the California...more

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

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

3 Key Takeaways | Privacy in a Flash: Keeping Up with Rapid Changes in State Laws

Kilpatrick’s John Brigagliano recently spoke at the Association of Corporate Counsel (ACC) DFW Annual In-House Symposium in Frisco, Texas. John spoke on the topic of “Privacy in a Flash: Keeping Up with Rapid Changes in State...more

DOJ Final Rule on Bulk Data Transfers Implements New Restrictions on Transferring Personal Data Out of the United States

The U.S. Department of Justice (DOJ) has issued a final rule that significantly restricts the transfer of bulk sensitive personal data and government-related data to certain foreign entities deemed countries of concern....more

Five New State Privacy Laws Effective January 2025

Starting January 2025, five state privacy laws will take effect, providing consumer privacy rights to a new swath of individuals across the country. Delaware, Iowa, Nebraska, and New Hampshire’s laws will go into effect on...more

Public comment period officially opens for California privacy and AI regulations; One need not use AI to detect the regulatory...

Public Comment Period Opens. The California Privacy Protection Agency (“CPPA”) opened the public comment period on a long in the works update to the California Privacy Protection Act (“CCPA”) regulations. Concerned...more

Are You Ready for Eight More Privacy Laws in 2025?

As state-level privacy laws continue to expand in the absence of federal legislation, businesses must prepare to meet a growing patchwork of requirements or risk penalties and reputational harm. In 2025, eight additional...more

Illinois legislature passes bill amending BIPA violation accrual standards (Updated)

On May 16, 2024, the Illinois Legislature passed Senate Bill 2979 (SB2979), clarifying how damages are calculated under the Illinois Biometric Information Privacy Act (BIPA). 740 ILCS 14/1, et seq. This amendment confirms...more

Just in Time for the 4th of July, New Privacy Laws Effective in Texas, Florida, and Oregon

On July 1, 2024, three more U.S. state privacy regulations will take effect. While these laws align with many of the principles established by other state privacy laws, they also introduce unique compliance requirements...more

Byte-sized Justice: Colorado's New AI Bill Seeks to Address Algorithmic Discrimination

General Background - On May 17, 2024, Governor Jared Polis of Colorado enacted the Colorado Artificial Intelligence (AI) Act (CAIA), marking a significant milestone as what its sponsor calls a “chassis,” an initial...more

Illinois Legislature Passes Bill Amending BIPA Violation Accrual Standards

On May 16, 2024, the Illinois Legislature passed Senate Bill 2979 (SB2979), marking a significant amendment to how damages are calculated under the Illinois Biometric Information Privacy Act (BIPA). This amendment refines the...more

Georgia Joins the list of States with Age Verification Requirements for Online Speech: Navigating the Crossroads of Child...

In an era where children are increasingly immersed in the digital realm, concerns about their safety and privacy online have become a focal point for policymakers (even on both sides of the aisle) and parents alike. Several...more

Maryland and Nebraska Pass Consumer Data Privacy Laws, and Maryland Adds a Kids Code

The United States privacy landscape becomes more cluttered by the week. While most of the legal media is focusing on federal legislation coming out of Washington, the most significant privacy development in the United States...more

Spring 2024 – What Privacy Professionals Need to Know and Do Now in the U.S. – Part III

This year is proving to be just as an important year for privacy professionals as 2023. In our third installment of what privacy pros should know, we provide you with some highlights about the following important developments...more

A Swift Response: Call to Action on Deepfake Non-Consensual Pornography

In an era where digital privacy is increasingly under threat, the recent deepfake incident involving the globally renowned artist, Taylor Swift, has catapulted the issue of nonconsensual pornography to center stage. This...more

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