Last week, the Second Circuit, in Solomon v. Flipps Media, Inc., joined the Third and Ninth Circuits in holding that “personally identifiable information” (PII) under the Video Privacy Protection Act (VPPA) is limited to...more
As we close out the first quarter of 2025, one thing is unmistakable: California’s regulatory efforts continue to center on data brokers.
So far this year, the California Privacy Protection Agency (CPPA) proposed...more
The Federal Trade Commission (FTC or Commission) announced long-awaited amendments to the Children’s Online Privacy Protection Act Rule (COPPA Rule) on January 16, 2025, marking the first changes to the COPPA Rule since 2013....more
The chair of the U.S. Senate Committee on Commerce, Science, and Transportation, Maria Cantwell (D-WA), and the chair of the U.S. House Committee on Energy and Commerce, Cathy McMorris Rodgers (R-WA), released a discussion...more
4/22/2024
/ Algorithms ,
Artificial Intelligence ,
Biden Administration ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement ,
FTC Act ,
Legislative Agendas ,
Machine Learning ,
New Legislation ,
Preemption ,
Privacy Laws ,
Technology
The Federal Trade Commission (FTC) gave privacy lawyers a long-awaited Christmas gift on December 20, 2023: its notice of proposed rulemaking (NPRM) to amend the Children’s Online Privacy Protection Act (COPPA) Rule. The NPRM...more
1/8/2024
/ Biometric Information ,
COPPA ,
Data Collection ,
Data Retention ,
Data Security ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Notice Requirements ,
NPRM ,
Online Safety for Children ,
Personal Information ,
Privacy Laws ,
Public Comment ,
Regulatory Agenda ,
Regulatory Reform ,
Technology
Just a few years ago, the legal landscape governing health-related personal information was relatively simple: Protected Health Information (PHI) was regulated under Health Insurance Portability and Accountability Act...more
After years out of circulation, class-action lawsuits asserting claims under the Video Protection Privacy Act (VPPA) are now back in reruns. But early critical assessment is mixed, so it remains to be seen whether VPPA-driven...more
The Colorado attorney general’s office sent shockwaves throughout the privacy world on September 30, 2022, when it published its proposed Colorado Privacy Act (CPA) draft rules (Draft Rules). The Draft Rules are complex and...more
10/17/2022
/ Biometric Information ,
California ,
California Privacy Rights Act (CPRA) ,
Colorado ,
Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Controller ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personal Data ,
Privacy Laws ,
Proposed Rules ,
Technology Sector
The Federal Trade Commission (FTC) released an advance notice of proposed rulemaking (ANPRM) on “Commercial Surveillance and Data Security” on August 11, 2022. The ANPRM, approved on a 3-2 party-line vote, is the initial step...more
8/17/2022
/ Administrative Procedure Act ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Algorithms ,
COPPA ,
Data Security ,
Discrimination ,
Federal Trade Commission (FTC) ,
Privacy Laws ,
Rulemaking Process ,
Surveillance ,
Technology Sector
Through its newly launched Center for Industry Self-Regulation (CISR), BBB National Programs announced last week the launch of the TeenAge Privacy Program (TAPP). The TAPP introduces a proposed self-regulatory framework that...more
Beyond preparing for this year’s holiday rush, retailers around the country have started thinking about potential changes to their operations in response to California’s sweeping new consumer privacy law. The California...more
10/26/2018
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Disclosure Requirements ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy
The Court of Justice of the European Union (CJEU) issued its landmark decision in Maximillian Schrems v. Data Protection Commissioner on October 6, 2015, ultimately invalidating the U.S.-EU Safe Harbor Framework.
Under...more
10/8/2015
/ Corporate Counsel ,
Cybersecurity ,
Data Protection Authority ,
Edward Snowden ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
Facebook ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Ireland ,
National Security ,
National Security Agency (NSA) ,
Personal Data ,
Popular ,
Privacy Laws ,
Right to Privacy ,
Safe Harbors ,
Schrems I & Schrems II ,
US-EU Safe Harbor Framework ,
Young Lawyers
Privacy and data security are high priorities of the Federal Communications Commission (FCC) under the leadership of Chairman Tom Wheeler. In addition to significant enforcement actions against AT&T and TerraCom/YourTel that...more
New California Requirements Regarding "Do Not Track" Transparency and Advertising to Minors Have Substantial Effects on Advertisers, Ad Tech Companies, Website Publishers and App Developers -
California recently...more