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Online Privacy and Minors: It’s Not Just Under 13 Anymore

Many U.S. states have recently added provisions regarding “minors” that greatly exceed what is required under the Children’s Online Privacy Protection Act (COPPA). In short, the new laws generally apply to people under 18,...more

CPPA Executive Director: Increased Enforcement Is Coming

Businesses should expect to see “increased enforcement” from the California Privacy Protection Agency now that the agency has had four years to staff up and implement rules, the CPPA’s executive director said in an interview...more

New CCPA Regs: Part 1: Dark Patterns

New California Consumer Privacy Act (CCPA) Regs are here, with comments open until June 2. There are a lot of issues to address, and a lot of work for companies to implement. We are talking about billions of dollars in...more

What is Sufficient Consent?

The following is sufficient consent for the Video Privacy Protection Act and the California Invasion of Privacy Act, according to a recent decision in the U.S. District Court for the Northern District of California....more

Is a Federal Privacy Law Coming?

On the heels of the formation of the House Privacy Working Group, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, and Congressman John Joyce, M.D. (PA-13), Vice Chairman of the House...more

Valid Consent: General Public vs. Gamblers

A new decision by the United Kingdom’s high court says that even if you have cookie and marketing consent mechanisms that are sufficient for valid consent under privacy laws for the general public, they may not be enough for...more

CPPA and Data Brokers: What You Need to Know

The California Privacy Protection Agency is going after data brokers. The CPPA board voted earlier this month to adopt new regulations regarding data broker registration requirements. If approved, the regulations will...more

Tracking Pixels, Australia and What It Means for the U.S.

The Office of the Australian Information Commissioner recently issued practical guidance on how to deploy tracking technologies (pixels) in a privacy compliant manner under the Australian Privacy Law....more

Hashing Doesn’t Mean De-Identifying

New guidance from the Federal Trade Commission clarifies that hashes aren’t “anonymous,” can still be used to identify users, and their misuse can lead to harm. Some key points: •For background, hashing involves taking a...more

Who Put the PI in My AI?

So, you want to onboard an AI solution that contains personal information. But how? Here are some questions i ask clients, and some pointers i give them about where to start:...more

The Elements of Profiling

What is profiling and what are our clients doing about it in the US and abroad? Personal information: •This is the analysis of information about/regarding a person. •The definition is broad, so if it’s attributable to a...more

Feds to Review Privacy Practices of 10 Largest Airlines

U.S. Secretary of Transportation Pete Buttigieg recently announced the Department of Transportation (DOT) would undertake a privacy review of the nation’s ten largest airlines. Specifically, they will look at their policies...more

Information Commissioner’s Office Issues Guidance on How to Keep Employment Records: What You Need to Know

The United Kingdom’s Information Commissioner’s Office recently issued guidance on how to keep employment records. This is good advise for employers beyond Europe (and particularly in California). The data retention...more

FTC Fines Epic Games $520 Million: What You Need to Know

If your website, app or game targets kids (or sort of targets kids) and you haven’t been taking your obligations under the Children’s Online Privacy Protection Act of 1998 seriously, then maybe this will be the wake-up call...more

The Commerce and Energy Committee’s ADPPA Amendment is Out.

The proposed American Data Privacy and Protection Act is getting a facelift. Here are some key changes: Disclosure and consent: •Disclosure for getting affirmative consent can be procured either through the primary...more

CCPA Right of Access Includes Inferences, California Attorney General Says

Your rights of access under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) include inferences derived from the your personal information, California Attorney General Rob Bonta said in...more

South Africa: The revised CBA Code of Conduct and Its Impact on Credit Bureaus

The Credit Bureau Association of South Africa has issued a code of conduct for the processing of credit information under the Protection of Personal Information Act, No.4 of 2013 (POPIA)...more

Commission d’access a la information du Quebec Issues Guidance On Employee Geolocation Tracking.

Commission d’access a la information du Quebec has issued guidance on employee geolocation tracking. Here are some key takeaways: Unless the law expressly provides for it, a company may not require a person to be tied...more

What Is The ‘Algorithmic Justice And Online Platform Transparency Act?’

U.S. Senator Edward J. Markey of Massachusetts has introduced the “Algorithmic Justice and Online Platform Transparency Act.” If signed into law, the bill will impose several new requirements on online platforms:.....more

West Virginia Data Privacy Bill Is CCPA+

West Virginia has gotten into the data privacy bill game with House Bill (HB) 3159 on Consumer Data Privacy. The legislation is similar to the California Consumer Privacy Act + the following key points:...more

Washington State ‘People’s Privacy Act’ Bill Ups The Ante For Privacy Compliance

"Under no circumstances shall an individual's interaction with a covered entity's product or service when the covered entity has a terms of service or a privacy policy, including the short-form privacy notice, in and of...more

GAO Recommends Updating Gramm-Leach-Bliley Act Privacy Notice

The General Accounting Office believes that the Gramm-Leach-Bliley Act (GLBA) model form privacy notice gives a limited view of what information is collected and with whom it is shared and that a reassessment of the form is...more

IAB Benchmark Survey Offers Insight Into Industry’s CCPA Compliance Efforts

The Interactive Advertising Bureau (IAB) Legal Affairs Council recently completed its CCPA Benchmark Survey, which asked privacy attorneys in the industry about key elements of the California Consumer Privacy Act and their...more

California AG Releases Third Draft Of CCPA Regulations

The California Attorney General has published a third draft of the California Consumer Privacy Act regulations- Key takeaways: Removes example indicating IP addresses may not be personal information in certain...more

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