News & Analysis as of

Data Collection Personal Data Consent

Womble Bond Dickinson

Calhoun v. Google - Continued Considerations for Privacy Notices

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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

Burr & Forman

That’s the Way the Cookie Crumbles

Burr & Forman on

Do you know what cookies your company’s website is using? If not, you likely do not know whether your company’s website is honoring users’ data protection choices involving the use of cookies. You should know and care so your...more

K&L Gates LLP

Illinois Reigns In Excesses of Biometric Information Privacy Act: Form of Consent Expanded and Claims Limited

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New amendments to Illinois’s Biometric Information Privacy Act (BIPA) expand the ways in which consent may be obtained and reverse a critical holding in Cothron v. White Castle System, Inc., significantly reducing a company’s...more

Alston & Bird

Senate Passes Bill for Kids Online Safety and Privacy Act

Alston & Bird on

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

Seyfarth Shaw LLP

BIPA Damages Reform Bill Signed in Illinois

Seyfarth Shaw LLP on

On August 2, 2024, Illinois Governor J. B. Pritzker signed legislation reforming Illinois’ Biometric Information Privacy Act (BIPA). Senate Bill 2979 immediately amends BIPA to limit a private entities’ potential liability...more

Robinson+Cole Data Privacy + Security Insider

Rhode Island’s New Data Privacy Law

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

Nelson Mullins Riley & Scarborough LLP

Next Wave of U.S. State Data Privacy: Effective July 1, 2024

As of July 1, three new comprehensive state privacy laws – the Florida Digital Bill of Rights (FDBR), the Oregon Consumer Privacy Act (OCPA), and the Texas Data Privacy and Security Act (TDPSA) – will take effect, joining the...more

BCLP

Auction of Personal Data: Clarification of the Concepts of Personal Data and Data Controller

BCLP on

On 7 March 2024, the Court of Justice of the European Union issued a ruling (C-604/22 | IAB Europe) clarifying the concepts of personal data and controller in the context of the use of a Transparency and Consent Framework...more

Dickinson Wright

Better Call Your Privacy Attorney: 3 New State Privacy Laws Begin July 1, 2024

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On July 1, 2024, Florida, Oregon, and Texas will join California, Colorado, Connecticut, Utah, and Virginia by adding privacy laws governing the collection, use, and transfer of consumer personal data. Montana will follow...more

International Lawyers Network

Data Privacy Guide - India

Introduction - The legal regime in India relating to data protection and privacy has undergone a significant re-haul and revamp. The Digital Data Protection Act, 2023 (“DPDPA”) received the President’s assent and was...more

Mayer Brown

Chairs of House and Senate Commerce Committees Announce Consumer Privacy Legislation

Mayer Brown on

Last month, two key members of Congress released a draft of the American Privacy Rights Act (“APRA”), comprehensive legislation that would change the landscape of consumer privacy law in the United States. If passed, APRA...more

Barnea Jaffa Lande & Co.

Bipartisan Federal Privacy Act Proposed in US

On April 7, 2024, a draft of the American Privacy Rights Act was introduced. Bringing forth this bipartisan-supported bill represents a significant step toward privacy regulation in the United States. The proposed act brings...more

International Lawyers Network

Data Privacy Guide - Canada

Introduction - As a federal state with law-making powers shared between federal and provincial/territorial governments, Canada has both federal and provincial/territorial privacy laws that govern the private and public...more

International Lawyers Network

Data Privacy Guide - Argentina

In Argentina, data protection is governed by comprehensive legislation aimed at safeguarding individuals' personal data. Below you will find an outline of the key aspects including governing legislation, exploring their scope...more

Baker Donelson

FTC Publishes Long-Awaited Proposed Updates to the Children's Online Privacy Protection Act (COPPA)

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On December 20, 2023, the Federal Trade Commission (FTC) published its Notice of Proposed Rulemaking to update the Children's Online Privacy Protection Act (COPPA), the latest step in a process that started in 2019 with an...more

Benesch

Privacy Floodgates Open: 13 U.S. State Data Protection Bring About Major Changes

Benesch on

Global Privacy Controls, vendor management, sensitive personal information, and the use of Ad Tech; new U.S. state data protection laws introduce twists to traditional notions of American data protection law. In the U.S.,...more

Mintz - Privacy & Cybersecurity Viewpoints

The FTC Sets Its Sights on Biometric Information

Does your business collect or use fingerprints?  Do your building access points use retina, finger, or palm scans?  Does your security office use facial recognition technology to identify repeated trespassers? Do your phone...more

Bass, Berry & Sims PLC

Florida Added to Growing List of New Comprehensive Consumer Privacy Laws

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On June 6, Florida Governor Ron DeSantis approved the passage of Senate Bill 262, which establishes the Florida Digital Bill of Rights (FDBR), set to go into effect July 1, 2024. Florida is now the tenth state to pass...more

Holland & Knight LLP

Washington State Imposes Far-Reaching Privacy Obligations for Consumer Health Data

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The Washington My Health My Data Act (the MHMD Act) was signed into law on April 27, 2023, creating new restrictions on the collection and disclosure of "consumer health data" by companies in Washington or that is related to...more

WilmerHale

New Legislation to Expand Privacy Obligations of Financial Institutions Introduced in Congress

WilmerHale on

On February 27, 2023, the Chairman of the House Financial Services Committee Patrick McHenry (NC-10) introduced the Data Privacy Act of 2023 (the Bill), which would amend the Gramm-Leach-Bliley Act (GLBA) to “modernize[]...more

Miller Canfield

The $17 Billion Slider? Illinois Supreme Court Decides White Castle BIPA Case

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The landscape of biometric privacy just became both more settled and unsettling for companies using biometrics. On February 17, 2023, the Illinois Supreme Court held that each scan or transmission of a person’s biometric...more

Benesch

Privacy Points 2023: Different Sensitive Personal Information Rights & Requirements Emerge in New US State Data Protection Laws

Benesch on

Colorado Connecticut, and Virginia landed on requiring opt-in, prior consent before a business can collect sensitive personal information; while California and Utah landed on different forms of opt-out rights that allow...more

Barnea Jaffa Lande & Co.

Israeli Privacy Protection Authority Clarifies Scope of Duty to Inform on Collection and Use of Personal Information

Israel’s Privacy Protection Authority (PPA) recently published its position on the duty to inform when collecting and using personal data. This is an important position, as it clarifies how to design the interface with the...more

White & Case LLP

Connecticut Lends Its Hand to U.S. Data Privacy Framework

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This week, on Tuesday May 10, 2022, Connecticut Gov. Ned Lamont approved Connecticut Senate Bill 6, an Act Concerning Personal Data Privacy and Online Monitoring (the "Connecticut Privacy Act"). Governor Lamont’s approval...more

Womble Bond Dickinson

GDPR Privacy Rules: The Other Shoe Drops

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Four years after GDPR was implemented, we are seeing the pillars of the internet business destroyed. Given two new EU decisions affecting the practical management of data, all companies collecting consumer data in the EU are...more

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