On June 20, 2024, a federal court vacated key portions of regulatory guidance on the treatment of information collected by online tracking tools. At issue was the U.S. Department of Health and Human Services Office for Civil...more
On March 18, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) revised its December 1, 2022 Bulletin on website tracking tools....more
The Florida legislature passed a bill that provides immunity to companies that suffer a data breach. The immunity is conditioned on the company: (1) complying with the notice requirements of Florida’s data breach notification...more
The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) recently announced its first settlement agreement related to a ransomware attack. But it was not the ransomware that triggered OCR’s enforcement...more
Shook lawyers explore some of the hottest privacy issues business owners and in-house counsel need to know to help mitigate exposure. Chief among them, website privacy litigation and pixel class actions. Shook Privacy and...more
The biggest data privacy litigation risk companies currently face is class action litigation based on the use of certain website advertising technology (adtech). Are you wondering what this means for your company? This alert...more
5/16/2023
/ Adtech ,
Bots ,
Business Development ,
Client Services ,
Consumer Privacy Rights ,
Cookies ,
Data Protection ,
In-House Perspective ,
Information Sharing ,
Information Technology ,
Internet ,
Marketing ,
Online Advertisements ,
Pop-Up Ads ,
VPPA ,
Web Tracking ,
Websites ,
Wiretapping
Florida state agencies and local governments are now subject to new cybersecurity requirements and prohibitions that went into effect on July 1, 2022. These new amendments to Florida’s State Cybersecurity Act (“the...more
Florida will not pass a comprehensive data privacy law for the second year in a row. It will be easy for some to speculate that the bill died because the House insisted on a private right of action. That speculation would be...more
The Florida House of Representatives today passed HB 9 by a vote of 103 to 8. The bill would be Florida’s first “comprehensive” data privacy law. You can read this post to learn more about what the bill would do; this one for...more
It was a busy week for HB 9 in Tallahassee. There was a strike-all amendment, several proposed unfriendly amendments, a House Judiciary Committee meeting, a second strike-all, more unfriendly amendments, and a date for a...more
In my last post, I wrote about my impression that legislators and staff do not intend for HB 9 to apply to companies that merely “receive” personal information (i.e., those that do not engage in buying or selling personal...more
Last week, HB 9 (the leading privacy bill on the House side of the Florida legislature) made its first of two committee stops in the House Commerce Committee. The bill passed unanimously. Just as important, however, the...more
The Florida House of Representatives has introduced its version of a comprehensive privacy law (HB 9 – no fancy acronym, unlike the FPPA in the Senate). This blog post will explain the key differences between the House and...more
The Florida House of Representatives has released its version of a proposed comprehensive privacy law. Coming in at 31 pages, HB 9 is sponsored by Representative McFarland (a champion of data privacy on the House side). On...more
This blog post will summarize Senate Bill 1864, released on Friday, which is the first “comprehensive” privacy bill to be released in advance of the 2022 Florida legislative session. This is a long post, so I begin with a...more
New regulatory activity may help companies experience fewer ransomware attacks and could impact whether ransoms can be paid to threat actors. The activity includes guidance and sanctions by the Department of Treasury...more
The Florida privacy legislation appears to be dead, and the best way to explain it is with the southern adage that “pigs get fat, hogs get slaughtered.” With a strong privacy bill in hand that gave privacy advocates 95% of...more
By a vote of 29-11, the Florida Senate passed its version of HB 969 and sent the bill back to the House for consideration of the rewritten version. At this point, there are only two legislative options remaining: (1) the...more
With only three days left in the legislative session, and on the morning when my Op-Ed was published by the Tallahassee Democrat, the Florida Senate weighed in on the House’s passage of HB 969. There were two ways it could...more
Within the week, we will know whether Florida will adopt the most aggressive privacy law in the country, something more moderate, or nothing at all. But an issue that has not received enough attention is the reason HB 969 and...more
The Florida House of Representatives has officially passed HB 969, which would create the most aggressive privacy law in the United States. The bill would apply to companies that generate $50 million or more in annual gross...more
Despite concerns expressed by House Democrat Ben Diamond about the private right of action, HB 969 passed second reading in the Florida House of Representatives today. The bill now moves to a 3rd reading, which is the last...more
Today, the Florida House of Representatives Commerce Committee voted unanimously to allow HB 969, which would be the most aggressive privacy law in the country, to move forward for a full House floor vote. This post explains...more
The Florida Senate appears poised to hit the brakes on privacy legislation that has thus far soared through committees in both legislative chambers. The House version (HB 969) and the Senate Version (SB 1734) would have not...more
The Florida Senate’s version of a new comprehensive privacy law (a.k.a. the “Florida Privacy Protection Act” (FPPA)) passed unscathed out of the Senate’s Committee on Commerce and Tourism yesterday. The bill’s sponsor fought...more