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U.S. Attorney Generals Take on AI

In a letter to the National Telecommunications and Information Administration, attorneys generals from 21 states, the District of Columbia and the U.S. Virgin Islands recently weighed in on Artificial Intelligence...more

US Privacy Laws and Legislation: What You Need to Know

“The times they are a-changin’,” Bob Dylan sang almost 60 years ago. And when it comes to consumers’ reasonable expectations of privacy, they are still a-changin. I recently participated in a panel hosted by Usercentrics...more

The State of the Union: Privacy

Here is a look at some of the data privacy issues President Joe Biden outlined in his 2023 State of the Union. Protect Kids Online- •Platforms and other interactive digital service providers should be required to...more

Data Protection Professionals Like it Hot: 7 Hot Topics and Trends in Data Privacy Today

Please take note! 1.SchremsII and cross border transfers: Risk based, wherefore art thou? With the Google Analytics, Google Fonts, Amazon AWS, Google Workspace other cases, the SchremsII and DPA guidance is piling up....more

HIPAA Covers a Lot Less Than People Think. But Beware of Other US Privacy Laws.

The Health Insurance Portability and Accountability Act of 1996 may be the most well-known privacy law in the United States, but it is also one of the most misunderstood....more

Busted: Three Myths EU Companies Have About US Privacy laws

Many EU companies have their own ideas on what US Privacy laws mean for the, Here are three of the more common myths out there, busted. Myth 1: I don’t have physical presence in the US so the laws don’t apply to me....more

Illinois’ Protecting Household Privacy Act Was Signed Into Law. Now What?

On August 27, 2021, Illinois Governor JB Pritzker signed the Protecting Household Privacy Act into law. It goes into effect Jan. 1, 2022. House Bill 2553 prohibits Illinois law enforcement agencies from obtaining...more

U.S. Data Protection Act Would Create A Federal Data Privacy Oversight Agency

U.S. Sen. Kirsten Gillibrand (D-New York) announced that she reintroduced Senate Bill 2134, the Data Protection Act of 2021. The bill creates an independent federal Data Protection Agency (DPA) to protect individuals' data,...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

Colorado Joins List Of States Proposing Privacy Laws

Colorado has introduced the “Colorado Privacy Act” bill (SB21-190). Key things to note: •Recital notes that the “EU GDPR is emerging as a model for countries across the globe in data privacy.” ...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

Newsom Signs CCPA Employee And B2B Carve-Out Extensions

AB1281, the California Consumer Privacy Act amendment extending the employee and B2B carve-outs, has been signed by Governor Newsom...more

Ten Tips For Handling EU-US Data Transfers Post Schrems II

In a landmark decision in what is popularly known as the "Schrems II" case, the Court of Justice of the European Union invalidated the EU-U.S. Privacy Shield, the framework that facilitated the transfers of personal data from...more

CCPA Regulations: Attorney General Addresses Transparency In Algorithms

Comments on the final California Consumer Privacy Act (CCPA) regulations asked if data brokers should be required to identify the factors they use in algorithmic decision making practices that affect the consumer, such as...more

CCPA Regulations: To Whom Does The Gramm Leach Bliley Carve-Out Apply?

Comments to the final California Consumer Privacy Act regulations asked if the CCPA carve-out regarding the Gramm Leach Bliley Act (GLBA), the data protection law governing US financial institutions, applies...more

CCPA Regulations: Franchises, Franchisees And Franchisors

Comments to the final California Consumer Privacy Act regulations asked how franchisor/franchisee compliance with CCPA works? •Does CCPA apply to the franchisee for collecting data on behalf of the franchisor? •How is the...more

CCPA Regulations: Access Requests And Litigation

Comments to the California Consumer Privacy Act (CCPA) final regulations asked: “If you get an access request and you know that the underlying motive for it is to conduct discovery for the purpose of contemplated litigation,...more

CCPA Regulations: What Are Reasonable Security Procedures And Practices?

Under the California Consumer Privacy Act (CCPA), a data breach resulting from a lack of “reasonable security procedures and practices” gives rise to a private right of action (e.g. for a class action lawsuit). Comments to...more

CCPA Regulations: Are Audio Recordings Personal Information?

A comment submitted to the California Attorney General’s final California Consumer Privacy Act regulations asked if audio recordings are personal information under CCPA and should they be included in the specific pieces...more

CCPA Regulations: Are Vehicle ID Numbers Personal Information?

Commenters on the final California Consumer Privacy Act (CCPA) regulations asked if a Vehicle Identification Number, even by itself, is personal information. Do you have to delete it? How do you address sharing of VINs with...more

CCPA Regulations: ‘What Is Easy To Understand?’

A comment requested that the California Attorney General clarify the specific requirements for making privacy notices “easy to read and understandable to the average consumer” under the California Consumer Privacy Act...more

CCPA Regulations: What Is The Meaning Of Conspicuous?

Would conspicuous by any other name … link as effectively? Multiple comments to the final California Consumer Privacy Act regulations ask the California Attorney General to explain what “conspicuous link” means for the...more

CCPA Regulations: Does An Online Form Constitute Valid ‘Notice At Collection?’

A comment asks the California Attorney General if directing a consumer to an online form could constitute a valid notice at collection under the recently finalized California Consumer Privacy Act regulations. The Attorney...more

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