It’s official – New Hampshire has joined the procession of states across the nation (from California to Connecticut and many states in between) enacting broadly applicable consumer privacy laws....more
As noted in previous installments in our ongoing series on U.S. privacy laws, the sector-specific and activity-specific model for U.S. privacy regulation is rapidly changing, with individual states recently enacting...more
In this latest installment of our ongoing consumer privacy series, we focus on potential digital and offline accessibility requirements in the context of the wave of new U.S. state consumer privacy laws.
In the continued...more
8/25/2023
/ Americans with Disabilities Act (ADA) ,
Arbitration ,
California Privacy Protection Agency (CPPA) ,
Compliance ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Human Rights ,
Personal Information ,
Proposed Legislation ,
Risk Mitigation ,
State Privacy Laws ,
Web Content Accessibility Guidelines (WCAG)
In Webb v. Injured Workers Pharmacy, LLC, the First Circuit recently reversed a lower court’s dismissal of class action claims brought by former pharmacy patients alleging that their sensitive personal information had been...more
In this third installment on the enforcement of U.S. consumer data privacy laws, we focus on the role of private litigants. Following our discussions of state and federal government enforcement, this post focuses on the third...more
7/12/2023
/ Arbitration ,
Biometric Information Privacy Act ,
Breach of Contract ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Corporate Counsel ,
Data Privacy ,
DPPA ,
Enforcement ,
Privacy Laws ,
Securities Fraud ,
Unfair or Deceptive Trade Practices ,
Video Privacy Protection Act ,
Wiretapping
In this second installment, we focus on the role of state attorneys general in enforcing U.S. consumer data privacy laws. For our most recent previous article, click here. Most federal privacy laws do not preempt applicable...more
A threshold consideration for businesses trying to understand the actors that enforce U.S. consumer privacy laws is an analysis of which laws apply to that business. This is because U.S. consumer privacy laws exist as a...more
4/26/2023
/ Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Education ,
Department of Health and Human Services (HHS) ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
FERPA ,
Health Information Technologies ,
Health Insurance Portability and Accountability Act (HIPAA) ,
State Privacy Laws
The first question most businesses ask, understandably, is whether they are subject to the new wave of U.S. state privacy laws. For our largest clients, the answer is often a straightforward yes; but for midsize and small...more
For businesses that collect, process, and explore innovative uses of personal information, last month marked a watershed moment in the ongoing evolution of the U.S. regulatory landscape. Cracking down on the cosmetics brand...more