Verkada, a manufacturer and retailer of security cameras, has settled FTC accusations of lax security measures. The company sells its products to businesses, including schools and medical facilities. It markets its products...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
A biotech company recently settled with three AGs over allegations that it had failed to protect consumer information. According to the AGs of Connecticut, New York and New Jersey, this led to a 2023 data incident. The...more
8/28/2024
/ Data Breach ,
Data Protection ,
Data Security ,
HIPAA Privacy Rule ,
HIPAA Security Rule ,
New York ,
Policies and Procedures ,
Privacy Laws ,
Settlement ,
State Attorneys General ,
State Privacy Laws
Illinois recently updated its employment law, the Illinois Human Rights Act to prohibit discriminatory uses of AI. Artificial intelligence as defined by the amendment will cover generative artificial intelligence, not just...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
The Children’s Advertising Review Unit recently settled with KidGeni – a generative art platform intended for children- for allegedly violating both CARU’s guidelines and COPPA. According to CARU, which is a self-regulatory...more
8/19/2024
/ Artificial Intelligence ,
CARU ,
Class Action ,
COPPA ,
Data Collection ,
Enforcement ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Online Platforms ,
Parental Consent ,
Personal Information ,
Privacy Laws
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
Tennessee has joined a handful of other states to provide certain safe harbors in the cybersecurity realm. Unlike others, the law sites beside -but does not modify- the states’ data breach notification law. Also unlike...more
Governor Phil Scott has vetoed the state’s proposed comprehensive privacy law. In rejecting the bill, he stated he was worried it created an “unnecessary and avoidable level of risk.” He had concerns in three areas....more
Privacy professionals know “adaptable” programs are important. But what does that really mean? What does it look like? And how do we create one? We know that with the never-ending list of new laws and modifications to...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
We’ve cautioned before about the danger of thinking only about US state “comprehensive” laws when looking to legal privacy and data security obligations in the United States. We’ve also mentioned that the US has a patchwork...more
Much of the focus on US privacy has been US state laws, and the potential of a federal privacy law. This focus can lead one to forget, however, that US privacy and data security law follows a patchwork approach both at a...more
5/30/2024
/ Artificial Intelligence ,
Connected Cars ,
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 ,
Social Media ,
State and Local Government ,
State Privacy Laws ,
Transportation Industry ,
Web Tracking
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
May 1 is a busy privacy day in Utah, with not only updates to the breach notification and social media platforms and minors laws going into effect, but also a new AI law, and one in the vehicle space. This last, the Utah...more
The Utah legislature has been busy, with another law effective May 1. This one is “privacy adjacent” but worth keeping in mind. The law, the Artificial Intelligence Policy Act, was signed into law in March. Among other...more
Nebraska’s governor has now signed into law the state’s “comprehensive” privacy law making it the fourth one this year, and the 17th overall. It will take effect on January 1, 2025 – the same day as Delaware, Iowa, and New...more
4/26/2024
/ Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
New Regulations ,
Opt-Outs ,
Personal Data ,
Personal Information ,
Popular ,
Privacy Laws ,
State Privacy Laws
Utah, among other privacy laws it has enacted or modified recently, has also modified its breach notification law. This follows last year’s changes to the law, which among other things codified the state’s Cyber Center....more
4/22/2024
/ Breach Notification Rule ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Information Security ,
Notification Requirements ,
Privacy Laws ,
Reporting Requirements ,
State Privacy Laws