News & Analysis as of

Data Protection Comment Period

King & Spalding

Department of Homeland Security Proposes Rule for Reporting of Cyber Incidents

King & Spalding on

On April 4, 2024, the Cybersecurity and Infrastructure Security Agency (“CISA”) published for public comment a long-awaited proposed rule to implement the Cyber Incident Reporting for Critical Infrastructure Act of 2022...more

McDermott Will & Emery

FDA Proposes Rule to Update Clinical Trial Data Monitoring

McDermott Will & Emery on

On February 13, 2024, the US Food and Drug Administration (FDA) issued draft guidance entitled Use of Data Monitoring Committees in Clinical Trials (Draft Guidance). It provides sponsors and others involved in clinical trial...more

Jones Day

FTC Seeks to Strengthen Privacy Protections of Children Online

Jones Day on

On December 20, 2023, the Federal Trade Commission ("FTC") announced a Notice of Proposed Rulemaking ("NPRM") to revise the Children's Online Privacy Protection Act ("COPPA") Rule to reduce the amount of information...more

Fenwick & West LLP

FTC’s Proposed Updates to the COPPA Rule Seek to Impose New Limitations on the Use of Children’s Personal Information and New...

Fenwick & West LLP on

Enacted in 1996, the Children’s Online Privacy Protection Act (COPPA) is the nation’s longest standing and most comprehensive statute aimed at regulating the collection, use and sharing of the personal information of...more

Mayer Brown

Federal Trade Commission Proposes Rule Changes to Address Children’s Online Privacy

Mayer Brown on

On December 20, 2023, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”) that would make significant changes to the Children’s Online Privacy Protection Rule (“COPPA Rule”), which implements...more

Robinson+Cole Data Privacy + Security Insider

CPPA Proposes More Revisions to CCPA

The California Privacy Protection Agency (CPPA) recently met to discuss automated decision-making technology, privacy risk assessments and cybersecurity audits under the California Consumer Privacy Act (CCPA) as amended by...more

Troutman Pepper

Colorado AG Releases Personal Data Universal Opt-Out List for Public Comment

Troutman Pepper on

Similar to other state consumer data protection acts enacted over the past two years, the Colorado Privacy Act (CPA) allows Colorado consumers to opt out of the sale of personal data and the processing of such data for...more

Sheppard Mullin Richter & Hampton LLP

Two New Cybersecurity Proposed Rules Mean Big Changes for Federal Contractors

On October 3, 2023, the FAR Council released two long-awaited proposed rules for federal contractor cybersecurity stemming from the Biden Administration’s Cybersecurity Executive Order from May 2021 (Executive Order 14028)....more

Venable LLP

What’s in a Label? FCC Begins Rulemaking Procedure for Cybersecurity Labeling on IoT Devices

Venable LLP on

Cybersecurity and data protection is front and center on the Federal Communications Commission’s (FCC) agenda. The latest manifestation of this is the FCC’s issuance of a Notice of Proposed Rulemaking (NPRM) on August 25,...more

Constangy, Brooks, Smith & Prophete, LLP

NIST Issues Cybersecurity Framework 2.0 for public comment

In early August, the National Institute of Standards and Technology released the initial public draft of its Cybersecurity Framework 2.0. The draft is a long-awaited update to a framework that’s been in place for almost 10...more

Manatt, Phelps & Phillips, LLP

FTC Seeks Comment on New Method to Obtain Parental Consent Under COPPA

The Federal Trade Commission (FTC or Commission) is seeking comment on an application from the Entertainment Software Rating Board (ESRB), Yoti and SuperAwesome for a new way to obtain parental consent under the Children’s...more

Manatt, Phelps & Phillips, LLP

FTC Proposed Health Breach Notification Rule Changes Target the Online Collection of Health Data

The Federal Trade Commission (FTC) continues to expand its regulation of health care data to ensure the data remains protected when shared with consumer-facing applications....more

Troutman Pepper

Silver Lining for Cos. in Proposed Calif. Privacy Law Changes

Troutman Pepper on

On Oct. 17 and again on Nov. 3, the California Privacy Protection Agency, or CPPA, modified the text of the proposed regulations implementing the California Privacy Rights Act, or CPRA. Originally published in Law360 on...more

Akin Gump Strauss Hauer & Feld LLP

CPPA Approves Final CPRA Regulations, Invites Comments on Future Rulemaking Topics

On February 10, 2023, the California Privacy Protection Agency (CPPA) issued an invitation for public commentary on the topics that will be included in their future rulemaking: cybersecurity audits, risk assessments and...more

Venable LLP

FCC Proposes Updating Its CPNI Breach Reporting Rules

Venable LLP on

The Federal Communications Commission (FCC) is seeking to update and strengthen its rules governing breaches of consumer data and personal information. Public comments on the new rules are due February 22, 2023, and reply...more

Bass, Berry & Sims PLC

New Year, New Versions of the Colorado Privacy Act Draft Regulations

This holiday season and the new year brought us a revised draft of the Colorado Privacy Act (CPA) rules, gifted by the Colorado Attorney General’s (AG) Office on December 21, 2022, along with a second round of revisions...more

Davis Wright Tremaine LLP

Deadline Approaching for Comments on Proposed Changes to Substance Use Disorder Confidentiality Rule

The Department of Health and Human Services ("HHS") has proposed amendments to the Confidentiality of Substance Use Disorder Patient Records Rule, 42 C.F.R. part 2 (the "Part 2 Rule") with a comment deadline of January 31....more

Robinson+Cole Data Privacy + Security Insider

Colorado AG Updates Draft Rules for Colorado Privacy Act

Colorado Attorney General Phil Weiser’s office recently published an updated version of the draft rules governing the Colorado Privacy Act, which goes into effect on July 1, 2023. The updates build upon the original draft...more

Ballard Spahr LLP

Colorado Releases Revised Privacy Rules

Ballard Spahr LLP on

On December 21, the Colorado Attorney General released a revised draft of the Colorado Privacy Act Rules....more

Morgan Lewis - Tech & Sourcing

NYDFS Publishes Proposed Amendment to Its Cybersecurity Rules for Financial Services Companies

The New York Department of Financial Services (NYDFS) published its proposed amendment to its 23 NYCRR Part 500 (Cybersecurity Rules) on November 9, 2022, following the release of the draft version on July 29, 2022....more

Robinson+Cole Health Law Diagnosis

HHS Proposes Rule to Align Part 2 Records and HIPAA

On November 28, 2022, the Department of Health and Human Services (HHS) issued a proposed rule to modify the confidentiality protections of Substance Use Disorder (SUD) patient treatment records under 42 CFR Part 2 (Part 2)...more

Wilson Sonsini Goodrich & Rosati

California Privacy Protection Agency Releases Modified Proposed CPRA Regulations - Key Takeaways

On November 3, 2022, the California Privacy Protection Agency (CPPA, or the Agency) issued modified proposed regulations implementing the California Privacy Rights Act (CPRA),1 which revise the initial proposed regulations...more

Farella Braun + Martel LLP

Cybersecurity Regulation: Key Takeaways From an Unusual FTC Order That Will Follow CEO for a Decade

The FTC recently issued a proposed order that would settle an enforcement action against Drizly, LLC and its co-founder and CEO, James Rellas, arising from data breaches in 2018 and 2020 that affected over 2.5 million...more

Akin Gump Strauss Hauer & Feld LLP

Comment Period Commences for New CPRA Modified Regulations

On November 3, 2022, the California Privacy Protection Agency (CPPA) officially published modifications to the proposed regulations implementing the Consumer Privacy Rights Act (CPRA). These modified proposed regulations...more

Wilson Sonsini Goodrich & Rosati

Colorado Attorney General Issues Draft Rules for the Colorado Privacy Act

On October 10, 2022, the Colorado Secretary of State published draft rules for the Colorado Privacy Act (ColoPA) in the Colorado Register, thus initiating a public comment period that will run through February 1, 2023.1 The...more

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