Those tracking CIPA litigation are familiar with the recent decision holding in favor of a company whose site had an online chat operated by a vendor. The court in that case held (1) that the company had not violated the...more
California has been active in the kids space. First, the Ninth Circuit’s recently ruled on the California’s Age-Appropriate Design Code Act. Second, the governor has just signed a new law aimed at social media sites....more
2024 seems like it is flying by. For those keeping track of US state “comprehensive” privacy laws you know that October 1 – a week away – brings the effective date of the Montana privacy law. The “big sky” state will join...more
9/24/2024
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
Montana ,
New Legislation ,
New Regulations ,
Privacy Laws ,
Regulatory Agenda ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
Pennsylvania AG Michelle Henry announced yesterday the launch of an online portal for businesses to report data breaches to the AG’s office. The portal launch comes before Pennsylvania’s new breach amendments take effect on...more
The New York Attorney General’s office and the UK Information Commissioner’s Office were busy last month when it came to children’s privacy. Both sought input from the public about regulating children’s online privacy,...more
The privacy space continues to evolve with the announcement of the new Data Privacy Unit within New Hampshire’s Consumer Protection and Antitrust Bureau. This new unit will enforce New Hampshire’s Data Privacy Act, which...more
New York Attorney General Letitia James recently released guidance for businesses and consumers about website tracking technologies. The consumer guide provided examples of common cookies, tracking technologies, and how...more
8/23/2024
/ Consumer Protection Laws ,
Cookies ,
Data Privacy ,
Data Protection ,
Data Security ,
Internet Privacy ,
New Guidance ,
New York ,
Privacy Laws ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices ,
Web Tracking ,
Websites
As we enter the end of the summer, the AI regulatory steam is not slowing down. Colorado is now the first US state to have a comprehensive AI law (going into effect February 1, 2026), and the EU published its sweeping AI law...more
8/14/2024
/ Algorithms ,
Artificial Intelligence ,
Automation Systems ,
Colorado ,
Computer Programmers ,
Enforcement ,
EU ,
General Data Protection Regulation (GDPR) ,
Innovative Technology ,
Machine Learning ,
New Legislation ,
Non-Discrimination Rules ,
Popular ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management ,
Software Developers
If you heard a collective sigh of relief last week, it was probably businesses reacting as Illinois Governor Pritzker finally signed Senate Bill 2979, officially reforming BIPA for the first time since 2008. As a reminder, SB...more
The amendment to the Colorado Privacy Act, expanding the scope of sensitive data, goes into effect August 6, 2024. The law will now include as sensitive information biological data that is used for identification purposes....more
TracFone, the pre-paid phone company, recently settled with the FCC over allegations that the company failed to protect customer information during three different data incidents. According to the FCC, in each of the...more
8/2/2024
/ Cell Phones ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement Actions ,
FCC ,
Information Security ,
Privacy Laws ,
Settlement ,
Telecommunications ,
TracFone Wireless ,
Wireless Devices ,
Wireless Industry
In its ongoing concern with “dark patterns,” the FTC recently announced results of two reviews of sites and apps purportedly engaging in the practice. As a reminder, the FTC views as “dark patterns” practices or web designs...more
Indiana recently amended its breach notification law to include as personal information age verification information collected by adult websites. At the same time, the state passed a new law for adult websites...more
In what may become an annual tradition, Pennsylvania has amended its breach notification law. The new provisions will take effect on September 26, 2024. As a reminder, Pennsylvania changed its law last year to expand the...more
Rhode Island’s new privacy law has now passed into law, adding to the constantly evolving US privacy law patchwork. Rhode Island becomes the 20th state to enact a “comprehensive” privacy law (this one passing by default,...more
As we enter into the heart of the summer there is no time to relax in privacy-land with the next batch of “comprehensive” privacy laws coming into effect on July 1. Namely, those in Texas and Oregon (and Florida if you count...more
Minnesota’s governor has now signed into law that state’s comprehensive privacy law. For those keeping count – that is number 19 of state “comprehensive” privacy laws, with six in 2024 alone. The Minnesota law will go into...more
6/10/2024
/ Consumer Privacy Rights ,
Data Collection ,
Data Protection ,
Legislative Agendas ,
New Legislation ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Popular ,
Privacy Laws ,
Recordkeeping Requirements ,
Regulatory Requirements ,
Sensitive Business Information ,
State Privacy Laws
Tennessee recently amended its 1984 right of publicity statute with passage of the ELVIS Act. The existing law already protected individuals’ rights in their image and likeness. As amended, the statute will specifically call...more
Maryland’s new comprehensive data privacy law, the Maryland Online Data Privacy Act, was recently signed into law by Governor Moore. This brings the total number of state “comprehensive” privacy laws to 18, five of which have...more
5/21/2024
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Laws ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures ,
State Privacy Laws