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Colorado employers could soon need to comply with the disclosure and consent requirements of the state’s privacy act when they collect biometric identifiers from employees or applicants – which would make Colorado the first...more
Website owners often struggle to design privacy policies that are not only comprehensive, but also comprehensible. The tension between these competing concerns was in sharp focus in a recent Ninth Circuit decision, Calhoun v....more
Businesses with a website beware: California regulators just warned that the law prohibits your website from making website users jump through hoops or otherwise confusing them as they try to exercise their privacy rights,...more
In a significant move to enhance consumer privacy and promote transparency in digital practices, the New York State Attorney General recently published two critical guides: “Website Privacy Controls: A Guide for Business” and...more
On July 30, 2024, in a 91-3 vote, the U.S. Senate passed the bill for the Kids Online Safety and Privacy Act (the “Bill”). The Bill, which combines the bills for the Kids Online Safety Act (“KOSA”) and the Children and Teens’...more
Key Points - The Senate has passed landmark children’s online privacy and safety legislation via a near-unanimous vote shortly before departing for the August recess. The bill is comprised of revised versions of the Kids...more
Some writers (not from my great state of Rhode Island) act like Rhode Island has been behind the times when it comes to data privacy and security when discussing Rhode Island’s new privacy law. I feel a need to explain that...more
In just a few short weeks, a new front may emerge for biometrics litigation in the United States. On March 31, 2024, the My Health My Data Act (“MHMDA”) will go into effect in Washington for most entities that conduct...more
For decades, medical providers and other covered entities have satisfied their health-data privacy obligations by complying with the federal Health Insurance Portability and Accountability Act (HIPAA) — but this is changing...more
Remember that old parody of the Battle Hymn of the Republic we used to sing before there was an Internet? There are apparently many versions, but they all generally involve children inflicting various types of mayhem on their...more
What You Need To Know In A Minute Or Less - Throughout this series, we have discussed the recent surge of session replay lawsuits—particularly in Pennsylvania, California, and Florida—and the potential for these cases to...more
On May 27, 2022, the California Privacy Protection Agency (CPPA or Agency) released a much-anticipated draft of the regulations that would implement certain provisions of the California Privacy Rights Act (CPRA)....more
Keypoint: The California Privacy Protection Agency issued a first set of draft regulations that contain a number of notable provisions but do not address all of the CPRA’s rulemaking topics....more
New York City tenants harboring “big brother” concerns over landlords abusing data collected through smart access (i.e., keyless entry) systems will soon be able to rest easier. Following California, Virginia, and the British...more
A class action lawsuit will proceed against Google over its collection of data from users browsing in "incognito mode," as District Judge Lucy Koh denied Google's motion to dismiss on March 12, 2021. In Brown v. Google, Judge...more
The Covid-19 pandemic has spawned a number of novel technologies aimed at suppressing the spread of the coronavirus. In China, for example, the most popular messaging and payment apps contain technology that requires a user...more
In an era of decreasing reimbursement and rapidly expanding opportunities associated with “big data”, healthcare entities may be looking for ways to monetize protected health information (“PHI”) for their own, non-patient...more
We’ve all seen the funny faces appearing across the internet as friends and family use the FaceApp to see what they may look like in 30 to 50 years. The resulting images are wrinkled and gray, but the trade made—instead of...more
Maine entered the privacy fray last week when Governor Janet T. Mills signed legislation targeting internet service providers by prohibiting the sale of information about customers’ internet use. The new restriction covers,...more
The California Consumer Privacy Act (“CCPA”) was enacted in early 2018 as a political compromise to stave off a poorly drafted, and plaintiff’s friendly ballot initiative. Although the CCPA is scheduled to go into force in...more
The ICO first began its examination of Bounty UK Ltd. (a support club for parents) when the ICO was investigating the data brokerage industry generally, of which it viewed Bounty as taking part (given that it shared member...more
The Los Angeles City Attorney has filed a complaint against the company behind The Weather Channel App (the “TWC App”) claiming its collection of geolocation information violates the state's Unfair Competition Law. The...more
The California legislature unanimously approved and California Governor Jerry Brown signed into law the California Consumer Privacy Act of 2018 (CCPA) on June 28, 2018. The CCPA is arguably the most far-reaching data...more
Have you noticed recently that when you click on most websites a notice appears stating that the host uses cookies? Many are aware that on May 25, 2018, the GDPR (“Global Data Protection Regulation”) took effect. The law...more
Does your organization collect personal data such as names, email addresses or other personally identifying information as part of its activities, or contract with a third party to do so? If not, then it may be possible that...more