On June 20, 2024, a U.S. federal district court held, in a suit brought by Jones Day, that the Department of Health and Human Services ("HHS") had misapplied the Health Insurance Portability and Accountability Act ("HIPAA")...more
8/2/2024
/ Confidential Information ,
Covered Entities ,
Data Privacy ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Medical Records ,
New Guidance ,
PHI
California's privacy enforcement agency has published crucial data minimization guidance for businesses....more
With the bipartisan, bicameral proposed American Privacy Rights Act of 2024, the U.S. Congress seeks to adopt the first national personal data privacy and security law that would preempt comprehensive state privacy laws....more
4/30/2024
/ Algorithms ,
Artificial Intelligence ,
Covered Entities ,
Data Protection ,
Federal Data Privacy ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
Personal Information ,
Preemption ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform ,
State Privacy Laws
In two back-to-back announcements, California and the FTC reemphasized their enforcement efforts related to the sale of personal information....more
3/14/2024
/ California ,
California Consumer Privacy Act (CCPA) ,
CalOPPA ,
Data Privacy ,
Data Selling ,
DoorDash ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Mobile Apps ,
Personal Information ,
Privacy Concerns ,
State and Local Government ,
State Attorneys General
The California Privacy Protection Agency ("CPPA") will be able to immediately enforce regulations issued under the California Consumer Privacy Act ("CCPA"), as amended, after a recent California appeals court decision...more
On January 15, 2024, the American Arbitration Association ("AAA") published updates to its Mass Arbitration Supplementary Rules and Fee Schedule, aimed at streamlining the mass arbitration process and reducing costs....more
The Background: The California Privacy Protection Agency board ("CPPA" or "Board") is in the process of issuing new regulations as authorized under the California Privacy Rights Act. These three sets of proposed regulations...more
2/14/2024
/ Audits ,
Automation Systems ,
California ,
California Privacy Protection Agency (CPPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Decision-Making Process ,
Innovative Technology ,
New Regulations ,
Personal Information ,
Privacy Concerns ,
Risk Assessment ,
Rulemaking Process ,
Software
On November 7, 2023, the Consumer Financial Protection Bureau ("CFPB") issued a proposed rule that would grant it supervisory authority over major nonbank technology companies in the consumer digital payments space....more
11/16/2023
/ Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Cards ,
Credit Reports ,
Digital Wallets ,
Electronic Payment Transactions ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
FinTech ,
Mortgage Lenders ,
Nonbank Firms ,
Peer-to-Peer ,
Proposed Rules ,
Regulatory Agencies ,
Regulatory Agenda ,
Regulatory Authority
On Friday, October 27, the Federal Trade Commission ("FTC") announced new amendments to the Safeguards Rule, requiring covered financial institutions to report certain data breaches to the FTC and reflecting its continuing...more
11/13/2023
/ Cybersecurity ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
FTC Act ,
Gramm-Leach-Blilely Act ,
New Amendments ,
Non-Bank Lenders ,
Personal Information ,
Popular ,
Privacy Rule ,
Risk Assessment ,
Risk Management ,
Safeguards Rule ,
Section 5
The Situation: California has enacted a groundbreaking new privacy law aimed at data brokers—entities that sell information about consumers with whom they do not have a direct relationship. Under the Delete Act (SB 362), data...more
11/7/2023
/ California ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Data Brokers ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Sellers ,
New Regulations ,
Personal Information ,
Privacy Laws ,
Regulatory Requirements
On August 15, 2023, the Consumer Financial Protection Bureau ("CFPB") announced it was launching a rulemaking aimed at subjecting any company or entity that collects and sells consumer data to the Fair Credit Reporting Act...more
8/28/2023
/ Consumer Financial Protection Bureau (CFPB) ,
Consumer Reporting Agencies ,
Consumer Reports ,
Cybersecurity ,
Data Brokers ,
Data Collection ,
Data Privacy ,
Data Protection ,
Fair Credit Reporting Act (FCRA) ,
Financial Services Industry ,
Personal Data ,
Popular ,
Rulemaking Process
On May 3, 2023, the Federal Trade Commission ("FTC") issued an Order to Show Cause against Meta for alleged violations of Meta's 2012 and 2020 privacy orders and seeks to bar the company from monetizing data related to...more
On March 23, 2023, the Federal Trade Commission ("FTC") announced that it would propose a "click to cancel" provision in its rules governing subscriptions and recurring memberships. According to the FTC, the proposed rule...more