ARTIFICIAL INTELLIGENCE -
What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023
Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more
2/7/2024
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Online Safety for Children ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
This year has been active on the state “comprehensive” privacy law front. Seven states passed new laws in 2023 (Delaware, Iowa, Indiana, Tennessee, Montana, Florida, and Oregon). These states joined California, Connecticut,...more
12/27/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
Privacy Policy ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
The CPPA, the California regulatory body charged with enforcing CCPA, has now issued draft regulations on risk assessments and cybersecurity audits. The draft was released ahead of a public board meeting to discuss those...more
After some delay, Delaware’s governor has at last signed into law the thirteenth state comprehensive privacy law. This is the seventh law passed in 2023, joining Iowa, Indiana, Tennessee, Montana, Florida, and Oregon. The law...more
A California court recently issued a ruling delaying the CPPA’s ability to enforce the most recent CCPA regulations until March 29, 2024. This does not delay enforcement of the CCPA statute or existing regulations....more
On April 27, 2023, the state of Washington enacted a landmark privacy law aimed at protecting the privacy of health data not covered by HIPAA. This law, named the “My Health My Data Act,” covers a very wide range of entities,...more
Indiana has now become the seventh US state to enact a comprehensive privacy law after Senate Bill 5 (“SB5”) was signed by the governor on May 1, 2023. The new law will go into effect January 1, 2026, and is almost identical...more
In this second post in our ongoing series, we examine the scope of rights given to consumers under the recently enacted My Health My Data Act... The law provides consumers several rights, all of which are in other privacy...more
5/4/2023
/ Consumer Privacy Rights ,
Data Protection ,
Digital Health ,
Enforcement ,
Non-Discrimination Rules ,
Privacy Laws ,
Right to Delete ,
Right-To-Access ,
State and Local Government ,
State Privacy Laws ,
Washington
On April 27, 2023, the state of Washington enacted a landmark privacy law aimed at protecting the privacy of health data not covered by HIPAA. While the 2023 legislative season has been busy for state “comprehensive” privacy...more
Utah’s breach notification requirements will change on May 3, 2023. The recently amended data breach notification law now requires companies to notify the Attorney General for a breach involving 500 or more state residents....more
The Colorado Attorney General recently released the second set of draft regulations to the Colorado Privacy Act (CPA). In this draft, the AG is seeking specific input on five different topics. There are also a number of...more
12/28/2022
/ Colorado ,
Consent ,
Data Privacy ,
Data Protection ,
Data Security ,
Notice Requirements ,
Opt-Outs ,
Policy Terms ,
Privacy Laws ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General ,
State Privacy Laws
Companies who participate in the AdTech and digital advertising eco-system are very familiar with the Interactive Advertising Bureau and its form advertiser agreements. Those agreements can help streamline negotiations,...more
The talk of “opt-out preference signals” or global privacy controls (GPC) has been increasing as companies dig into the forthcoming requirements under US “comprehensive” privacy laws. What is an opt-out preference signal? An...more
10/25/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Colorado ,
Connecticut ,
Data Privacy ,
Do Not Sell ,
Opt-Outs ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws ,
Virginia
Maryland recently passed two companion bills amending the state’s Personal Information Protection Act. The bills modify the data breach notification requirements and scope of businesses subject to the data security...more
Connecticut just joined California, Colorado, Utah, and Virginia in passing a comprehensive privacy law. The Connecticut Data Privacy Act (CTDPA) goes into effect July 1, 2023, the same time as Colorado’s very similar law...more
5/12/2022
/ California ,
Colorado ,
Connecticut ,
Consumer Privacy Rights ,
Corporate Governance ,
Data Privacy ,
Data Security ,
Enforcement ,
Legislative Agendas ,
New Legislation ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws ,
Virginia
Indiana has made a minor amendment to its data breach notification law. Starting July 1, companies who are obligated to notify under the law must do so (to affected individuals and the Indiana Attorney General) without...more
As we look to 2022, a question on many companies’ minds is what actions we will see from the FTC. Two recent developments are important on that front.
First, the FTC recently signaled its intent to initiate rulemaking on...more
12/23/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Algorithms ,
Breach Notification Rule ,
Cybersecurity ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Identity Theft ,
Online Safety for Children ,
Regulatory Oversight ,
Rulemaking Process ,
Safeguards Rule ,
State and Local Government
New York recently enacted a law governing employee monitoring. The law applies to New York employers who monitor employees through electronic devices. This includes monitoring of telephone, emails, and internet access or...more
11/23/2021
/ Consent ,
Electronic Communications ,
Email ,
Employee Monitoring ,
Employee Privacy Rights ,
Employees ,
Employer Liability Issues ,
Internet ,
Legislative Agendas ,
New Legislation ,
New York ,
Notice Requirements ,
Privacy Laws ,
State and Local Government ,
State Labor Laws ,
Waiver of Rights
California recently passed AB 694, which makes a few “technical” changes to the California Privacy Rights Act (CPRA). Importantly, this amendment clarifies the timing for the new California Privacy Protection Agency’s (CPPA)...more
The California AG recently reminded companies in the healthcare industry of potential data breach notification obligations beyond HIPAA. As ransomware attacks continue to rise, particularly in healthcare, companies should...more
In addition to recently passing a cybersecurity safe harbor law, Connecticut also updated its data breach notification law. Connecticut joins Texas in passing changes to breach notification requirements this year. There are...more
Colorado recently joined Virginia and California in passing a more comprehensive privacy law. The Colorado Privacy Act (CPA) will go into effect July 1, 2023. This is six months after Virginia’s law (CDPA) and California’s...more
7/14/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Colorado ,
Consumer Privacy Rights ,
Data Protection ,
Data Security ,
Enforcement ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
General Data Protection Regulation (GDPR) ,
Liability ,
New Legislation ,
Privacy Laws ,
State and Local Government
Nevada’s governor recently approved an amendment to their privacy law. As we covered previously, generally, this law affords consumers a right to opt out of the “sale” of their data to third parties. The amendment broadens...more
6/15/2021
/ Consumer Privacy Rights ,
Corporate Counsel ,
Data Brokers ,
Data Buyers ,
Data Privacy ,
Data Selling ,
Nevada ,
New Amendments ,
Opt-Outs ,
Privacy Laws ,
State and Local Government ,
Third-Party
Utah recently signed into law SB 227, creating the Genetic Information Privacy Act (GIPA). The law, which is anticipated to go into effect in May 2021, is aimed at protecting genetic data collected from direct-to-consumer...more
4/2/2021
/ Consent ,
Consumer Privacy Rights ,
Data Protection ,
Data Use Policies ,
Direct to Consumer Sales ,
Disclosure Requirements ,
DNA ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Genetic Materials ,
Genetic Testing ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Life Sciences ,
New Legislation ,
Notice Requirements ,
Privacy Laws ,
State and Local Government
Utah’s governor recently signed into law SB 227, creating the Genetic Information Privacy Act (GIPA). The law, which is anticipated to go into effect in May, is aimed at protecting genetic data collected from...more
3/30/2021
/ Consent ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Security ,
Data Use Policies ,
Enforcement Actions ,
Generic ,
Healthcare ,
Notice Requirements ,
Personal Information ,
Privacy Laws ,
Section 5 ,
State and Local Government ,
State Privacy Laws