TracFone, the pre-paid phone company, recently settled with the FCC over allegations that the company failed to protect customer information during three different data incidents. According to the FCC, in each of the...more
8/2/2024
/ Cell Phones ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement Actions ,
FCC ,
Information Security ,
Privacy Laws ,
Settlement ,
Telecommunications ,
TracFone Wireless ,
Wireless Devices ,
Wireless Industry
In its ongoing concern with “dark patterns,” the FTC recently announced results of two reviews of sites and apps purportedly engaging in the practice. As a reminder, the FTC views as “dark patterns” practices or web designs...more
Minnesota’s governor has now signed into law that state’s comprehensive privacy law. For those keeping count – that is number 19 of state “comprehensive” privacy laws, with six in 2024 alone. The Minnesota law will go into...more
6/10/2024
/ Consumer Privacy Rights ,
Data Collection ,
Data Protection ,
Legislative Agendas ,
New Legislation ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Popular ,
Privacy Laws ,
Recordkeeping Requirements ,
Regulatory Requirements ,
Sensitive Business Information ,
State Privacy Laws
Much of the focus on US privacy has been US state laws, and the potential of a federal privacy law. This focus can lead one to forget, however, that US privacy and data security law follows a patchwork approach both at a...more
5/30/2024
/ Artificial Intelligence ,
Connected Cars ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Online Safety for Children ,
Privacy Acts ,
Privacy Laws ,
Social Media ,
State and Local Government ,
State Privacy Laws ,
Transportation Industry ,
Web Tracking
Maryland’s new comprehensive data privacy law, the Maryland Online Data Privacy Act, was recently signed into law by Governor Moore. This brings the total number of state “comprehensive” privacy laws to 18, five of which have...more
5/21/2024
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Laws ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
Nebraska’s governor has now signed into law the state’s “comprehensive” privacy law making it the fourth one this year, and the 17th overall. It will take effect on January 1, 2025 – the same day as Delaware, Iowa, and New...more
4/26/2024
/ Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
New Regulations ,
Opt-Outs ,
Personal Data ,
Personal Information ,
Popular ,
Privacy Laws ,
State Privacy Laws
Utah, among other privacy laws it has enacted or modified recently, has also modified its breach notification law. This follows last year’s changes to the law, which among other things codified the state’s Cyber Center....more
4/22/2024
/ Breach Notification Rule ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Information Security ,
Notification Requirements ,
Privacy Laws ,
Reporting Requirements ,
State Privacy Laws
With the Kentucky governor recently signing into law that state’s privacy law the US now has 16 states with “comprehensive” privacy laws. This newest one will go into effect on January 1, 2026 – the same day as Indiana. It...more
New Hampshire’s governor has signed into law the second state comprehensive privacy law of 2024. The law takes effect on January 1, 2025 – the same day as Iowa and Delaware (with New Jersey going into effect two weeks later)....more
This month the EDPB shed light on the question of lead supervisory authorities. The issue arose in response to a question late last month from the French supervisory authority. Some background. As most international...more
ARTIFICIAL INTELLIGENCE -
What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023
Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more
2/7/2024
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Online Safety for Children ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
New Jersey’s governor has signed into law the first US state comprehensive privacy law of 2024. It will go into effect January 16, 2025. For those keeping score, that puts New Jersey after Florida, Oregon, Texas (all July 1,...more
As we begin the new year, many are wondering whether the growing list of US state privacy laws apply to them, and if so, what steps they should take to address them. For companies that gather information from consumers,...more
Both Texas and Oregon recently adopted rules that will, among other things, implement a registry required by both states’ data broker laws. The Texas law went into effect September 1, 2023, and the Oregon law will go into...more
12/27/2023
/ Data Brokers ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Sellers ,
New Legislation ,
Oregon ,
Privacy Laws ,
Registration Requirement ,
State and Local Government ,
State Privacy Laws
The FTC recently announced a settlement with Global Tel*Link, a telecommunications company that contracts with prisons and jails to provide communication services to incarcerated individuals and their families. Those who use...more
Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance with eight underlying principles. The order, while directed to government agencies, will impact businesses as well. In particular,...more
The French Data Protection Authority announced a €600,000 fine against Groupe Canal+ over concerns with the media company’s direct marketing activities. According to the CNIL, the company sent users email marketing without...more
11/28/2023
/ CNIL ,
Data Breach ,
Data Protection ,
Data Security ,
EU ,
France ,
General Data Protection Regulation (GDPR) ,
Marketing ,
Personal Data ,
Privacy Laws ,
Regulatory Violations
Beginning today, the UK adequacy decision for US data protection measures goes into effect. As a result, UK companies can transfer personal information to entities in the US that are participants in the EU-US Data Privacy...more
After some delay, Delaware’s governor has at last signed into law the thirteenth state comprehensive privacy law. This is the seventh law passed in 2023, joining Iowa, Indiana, Tennessee, Montana, Florida, and Oregon. The law...more
Oregon recently joined Vermont and California as the third state requiring data broker registration before collecting, selling, or licensing “brokered personal data.” Several types of entities are exempt from the law. These...more
8/16/2023
/ Customers ,
Data Brokers ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Selling ,
Exemptions ,
Information Sharing ,
New Legislation ,
Oregon ,
Penalties ,
Personal Data ,
Personal Information ,
Subscribers ,
Third-Party
Iowa recently became the fifth state to offer businesses a safe harbor if they have a written cybersecurity program. Others are Connecticut (October 1, 2021), Ohio (effective November 2, 2018), Oregon (effective January 1,...more
The EU Commission adopted today an adequacy decision for the EU-US Data Privacy Framework. As we indicated last month, this has been an area closely watched by those transferring data from the EU to the US. The issue has been...more
When thinking about privacy notice obligations, companies often -incorrectly- leap to the wording in their privacy policies. The new comprehensive state privacy laws are a reminder that notice obligations are a bit broader...more
7/7/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
Privacy Policy ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
With a little less than a week before the next US state “comprehensive” privacy laws (Colorado and Connecticut) go into effect, many are reviewing existing practices. One that keeps coming up is the concept of “profiling.” As...more
6/27/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
Texas has now become the 11th state, following Florida, to have a “comprehensive” privacy law. HB 4 was signed by the governor on June 18, 2023. This caps off a busy spring for state lawmakers not only in Texas, but Florida,...more
6/20/2023
/ Data Privacy ,
Data Protection ,
Data Protection Acts ,
Legislative Agendas ,
New Legislation ,
Privacy Acts ,
Privacy Laws ,
Sensitive Personal Information ,
State and Local Government ,
State Privacy Laws ,
Texas