News & Analysis as of

Personal Data

Baker Donelson

DOJ Final Rule Casts Wider Net: Common Business Data May Now Trigger National Security Scrutiny

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If you thought your company's collection of email address, IP address, zip code, birth date, or cookie data was too mundane to catch the federal government's attention – think again. Effective April 8, 2025, a new DOJ final...more

Ius Laboris

Implementing AI Guidelines in Hong Kong

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Hong Kong’s Privacy Commissioner for Personal Data (PCPD) recently published Guidelines for the Use of Generative AI by Employees. We look at the key points contained in the Guidelines below....more

McDermott Will & Emery

New Jersey Proposes Rules for the New Jersey Data Privacy Act

New Jersey’s Office of Consumer Protection has prepared proposed rules for the New Jersey Data Privacy Act (NJDPA) (Proposed Rules). While the bulk of the Proposed Rules consist of recitations of the obligations found in the...more

Fisher Phillips

New Class Certification Decision in App-Tracking Case Provides Critical Guidance for Businesses Facing Privacy Claims

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A California federal court just certified a significant class action involving allegations that a health-tracking app improperly shared sensitive health information with third parties without user consent. The court’s May 22...more

Jackson Lewis P.C.

Oregon Expands Consumer Privacy Law to Include Auto Manufacturers—and Possibly Their Dealerships

Jackson Lewis P.C. on

The Oregon Legislature recently enacted House Bill 3875, amending the Oregon Consumer Privacy Act (OCPA) effective September 28. 2025, to broaden its scope to include motor vehicle manufacturers and their affiliates that...more

Orrick, Herrington & Sutcliffe LLP

German Federal Labor Court Grants Damages Under the GDPR for the Use of Employee Data: 7 Things for Companies to Consider

On May 8, 2025, the Federal Labor Court Bundesarbeitsgericht (“BAG”) issued a significant ruling concerning an employee’s claims for damages due to unlawful data transfers within a corporate group. The BAG ruled that works...more

Dacheng

China Monthly Data Protection Update: May 2025

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This monthly report outlines key developments in China’s data protection sector for May. The following events merit special attention...more

Robinson+Cole Data Privacy + Security Insider

Clock Ticking: DOJ’s New Data Security Rule Requires Compliance by July 8

U.S. companies are running out of time to comply with a sweeping new Department of Justice (DOJ) rule that limits sharing sensitive personal data with certain foreign countries—including China, Russia, and Iran. With a hard...more

Goodwin

Training of Meta’s AI Systems and the Use of the European Users’ Data

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As of May 27, 2025, Meta (Facebook and Instagram) will start using some of the personal data of European users to train its artificial intelligence (AI) systems, including tools such as Meta AI and Llama language models....more

Kilpatrick

Children’s privacy and online safety remain a focal point for regulators

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In case you missed it: Michigan’s Attorney General has filed a lawsuit against Roku, alleging that the company collects and shares children’s personal data and video viewership data in violation of COPPA and the VPPA,...more

A&O Shearman

FDPIC confirms direct applicability of data protection law to AI and outlines regulatory approach

A&O Shearman on

On May 8 2025, the Swiss Federal Data Protection and Information Commissioner (FDPIC) confirmed that the Federal Act on Data Protection (FADP) is directly applicable to AI-supported data processing. The FDPIC clarified...more

Baker Donelson

DOJ Bulk Data Rule: Key Takeaways for Healthcare and Life Sciences

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The Data Security Program (DSP), implemented by the Department of Justice's National Security Division (DOJ/NSD) under Executive Order 14117 (Preventing Access to Americans' Bulk Sensitive Personal Data and United States...more

Benesch

Montana Amends Consumer Data Privacy Act to Broaden Applicability and Enhance Protections for Minors

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Montana’s amendments also remove the cure period for alleged violations beginning in October, provide prescriptive methods through which businesses have to provide consumers with targeted advertising opt out rights, and...more

McGlinchey Stafford

Montana Amends Consumer Data Privacy Act, Removes Financial Institution Exemption

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On May 8, 2025, the governor of Montana signed into law SB 297, which amends the Montana Consumer Data Privacy Act (MCDPA). The amendments become effective on October 1, 2025. Among other things, SB 297: • amends the...more

Jackson Lewis P.C.

Exploring California’s Proposed AI Bill

Jackson Lewis P.C. on

California lawmakers have proposed new legislation to reshape the growing use of artificial intelligence (AI) in the workplace. While this bill aims to protect workers, employers have expressed concerns about how it might...more

Hogan Lovells

EU digital advertising: IAB Europe and the allocation of liabilities for the TCF

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On May 14, 2025, the Belgian Market Court delivered a landmark ruling regarding IAB Europe’s role in the Transparency and Consent Framework (TCF). The Court confirms that TC Strings qualify as personal data and that IAB...more

WilmerHale

Arkansas Online Privacy Act Expands Privacy Protections for Children and Teens

WilmerHale on

On April 21, 2025, Arkansas Governor Sarah Huckabee Sanders signed HB 1717 into law. HB 1717, which will take effect on July 1, 2026, prohibits operators of online services “directed at children” or operators with “actual...more

BakerHostetler

DSIR Deeper Dive: A Big Year for VPPA Developments

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The past year has brought a number of federal appellate rulings under the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710, one of the statutes under which plaintiffs have been filing numerous claims in recent years...more

Orrick, Herrington & Sutcliffe LLP

Texas attorney general settles with big tech company for $1.375B

On May 9, the Office of the Attorney General for Texas announced it reached a $1.375 billion settlement with a tech company for the violation of Texas data privacy laws. The lawsuit alleged unlawful tracking of users’ private...more

Alston & Bird

The Digital Download – Alston & Bird’s Privacy & Data Security Newsletter – May 2025

Alston & Bird on

Selected U.S. Privacy & Cyber Updates - DOJ Settles False Claims Act Case with MORSECORP over Cybersecurity Program - On March 26, 2025, the U.S. Department of Justice (DOJ) announced that it had reached an agreement with...more

Wyrick Robbins Yates & Ponton LLP

The Justice Department’s New Rule on Access to U.S. Sensitive Personal Data and Government-Related Data by Countries of Concern or...

On April 8, 2025, the Department of Justice’s new rule on Access to U.S. Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered Persons took effect. The rule, referred to by DOJ as the Data...more

Venable LLP

Smoothing Privacy Contracting: Six Ways to Reduce Friction in Data Processing Agreements

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Negotiating a data processing agreement (DPA) is typically a necessary step when engaging vendors that handle personal data. However, these negotiations have become time consuming and complex, given the evolving privacy...more

Bass, Berry & Sims PLC

Big Sky, Bigger Privacy: Montana Broadens Its Consumer Data Privacy Act

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On May 8, Montana Governor Greg Gianforte signed into law Senate Bill 297 (SB 297), a bill that significantly revises the existing Montana Consumer Data Privacy Act (MCDPA). Although the MCDPA took effect on October 1, 2024,...more

A&O Shearman

CJEU publishes an updated Fact Sheet summarising key case law on protection of personal data

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On April 28 2025, the Court of Justice of the European Union (CJEU) published an updated version of the fact sheet (the Fact Sheet) summarising key case law on protection of personal data. The Fact Sheet covers the case law...more

Bradley Arant Boult Cummings LLP

Part 2: Children and Location: Ferguson’s FTC Privacy Enforcement Priorities

While Andrew Ferguson advocates for a restrained regulatory approach at the FTC, his statements and voting record reveal clear priority areas where businesses can expect continued vigorous enforcement. Two areas stand out in...more

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