Significant New CCPA Compliance Requirements Likely on the Way On August 29, 2023, the California Privacy Protection Agency (CPPA) posted discussion drafts of its forthcoming regulations on cybersecurity audits and risk assessments as part of the materials for its September 8, 2023, public board meeting. These draft regulations are expected to eventually become part of … Continue Reading
New Requirements Include Identifying Specific Third Parties to Whom Businesses Disclose Data and Consent for Targeted Advertising to Teens Texas, Oregon, and Delaware are the latest states to join the growing landscape of comprehensive data privacy laws, adding to the many state privacy laws that were passed this year.1 On June 18, 2023, Governor Greg Abbott … Continue Reading
In a shocking turn of events, a Superior Court for the County of Sacramento issued a ruling on June 30, 2023, enjoining the enforcement of the California Privacy Protection Agency’s (the “Agency’s”) California Privacy Rights Act (CPRA) modifications to the California Consumer Privacy Act (CCPA) regulations until one year after the regulations have been finalized. … Continue Reading
On July 1, 2023, the Colorado Privacy Act (ColoPA) and Connecticut Data Privacy Act (CTDPA) will go into effect, joining California and Virginia, whose data privacy laws are already in effect. Notably, while the California Privacy Rights Act (CPRA) amendments to the California Consumer Privacy Act (CCPA) went into effect on January 1, 2023, those amendments will also become enforceable starting … Continue Reading
On May 17, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (in the form of a stipulated order)1 with Easy Healthcare Corporation, which operates the Premom fertility tracking app (Premom). The FTC alleges Premom misrepresented its data sharing practices to consumers and failed to provide notice to users when it shared their health information without … Continue Reading
In the absence of meaningful progress from the U.S. Congress on passing a federal comprehensive privacy law, state legislatures have been busy this year passing their own solutions and adding to the complexity of U.S. privacy compliance. On May 1, 2023, Indiana Governor Eric Holcomb signed the Indiana Consumer Data Protection Act into law (SB 5) (InCDPA),1 making … Continue Reading
On April 27, 2023, Washington State Governor Jay Inslee signed a far-reaching health privacy law entitled the “My Health My Data Act” (the Act), which extends protections to consumer health data collected by entities not currently covered under the Health Information Portability and Accountability Act of 1996 (HIPAA). The Act may transform the already fast-evolving … Continue Reading
On March 28, 2023, Iowa Governor Kim Reynolds signed “An Act Relating to Consumer Data Protection” (SF 262) (ICDPA),1 making Iowa the sixth U.S. state to enact a comprehensive consumer privacy law following California, Virginia, Colorado, Utah, and Connecticut. Substantively, the ICDPA is similar to Connecticut’s recently enacted An Act Concerning Personal Privacy and Online Monitoring (CPOMA), the Utah … Continue Reading
On March 15, 2023, the Colorado Attorney General’s (Colorado AG) office released the final version of the Colorado Privacy Act (ColoPA) rules (the final rules), which are based on public comments on the third version of the rules published on January 27, 2023.1 The final rules were published in the Colorado Register on March 25, 2023. While the … Continue Reading
On March 2, 2023, the Federal Trade Commission (FTC) announced a proposed settlement agreement (also referred to as “proposed consent order”) with BetterHelp, Inc., an online counseling service, for allegedly disclosing its website visitors’ and users’ “health information” to advertisers, despite making representations on the company’s website and in the company’s privacy policy that such information would … Continue Reading
On January 27, 2023, the Colorado Attorney General’s (Colorado AG) office released the third version of its proposed draft rules (third draft) for the Colorado Privacy Act (ColoPA) based on public comments it received on the modified proposed rules published on December 21, 2022 (second draft).1 During a February 1, 2023, rulemaking hearing, the Colorado AG’s office emphasized that it … Continue Reading
On January 27, 2023, the California Attorney General (California AG) Rob Bonta announced an “investigative sweep” of mobile apps in retail, travel, and food service industries for failing to provide a mechanism for—or honor—consumers’ opt-out requests to stop selling their data under the California Consumer Privacy Act (CCPA). According to the California AG’s tweet, the … Continue Reading
On December 21, 2022, the Colorado Attorney General’s office published an updated version of proposed draft rules (“modified draft rules”) to the Colorado Privacy Act (ColoPA), which revise the initial draft rules issued in October 2022, based on feedback received during the prior comment period.1 Notably, the Colorado Attorney General’s office explained that it modified some of the rules to … Continue Reading
On November 15, 2022, the Federal Trade Commission (FTC) announced it is extending the deadline for covered financial institutions to comply with the updated Safeguards Rule of the Gramm-Leach-Bliley Act (GLBA) by six months. The FTC originally published updates to the Safeguards Rule in October 2021. Under the updated rule, covered financial institutions had until … Continue Reading
Written Comments Due by November 21 On November 3, 2022, the California Privacy Protection Agency (CPPA, or the Agency) issued modified proposed regulations implementing the California Privacy Rights Act (CPRA),[1] which revise the initial proposed regulations released on July 8, 2022. The Agency’s Notice of Modifications to Text of Proposed Regulations triggers a 15-day public … Continue Reading
On October 10, 2022, the Colorado Secretary of State published draft rules for the Colorado Privacy Act (ColoPA) in the Colorado Register, thus initiating a public comment period that will run through February 1, 2023.1 The draft rules generally cover the topics that the Colorado Attorney General’s Office identified in the April 2022 “Pre-Rulemaking Considerations for … Continue Reading
On August 30, 2022, the California legislature passed the California Age-Appropriate Design Code Act (the Act). Modeled after the UK’s Age-Appropriate Design Code, California’s act drastically changes the landscape of online privacy and content availability for minors in California. The Act goes beyond the current federal protections of the Children’s Online Privacy Protection Act (COPPA) and could impose … Continue Reading
On August 24, 2022, the California Attorney General (AG) announced the entry of a final judgment to resolve claims that makeup retailer Sephora violated the California Consumer Privacy Act (CCPA). Notably, this is the California AG’s first enforcement action resulting in a fine and settlement under the CCPA. The California AG alleged that Sephora violated the CCPA by failing … Continue Reading
On May 27, 2022, the California Privacy Protection Agency (CPPA) released a much-anticipated first draft of some of the anticipated regulations implementing the California Privacy Rights Act (CPRA).[1] The release accompanied the CPPA’s announcement of its next public meeting on June 8, 2022, where the agency will, among other agenda items, consider possible action regarding … Continue Reading
Connecticut became the fifth U.S. state to enact a comprehensive consumer privacy law following California, Virginia, Colorado, and Utah. On May 10, 2022, Connecticut Governor Ned Lamont signed “An Act Concerning Personal Data Privacy and Online Monitoring” (SB 6) (CPOMA).1 Substantively, CPOMA largely tracks the Colorado Privacy Act (ColoPA) and Virginia Consumer Data Protection Act (VCDPA). CPOMA’s substantive provisions … Continue Reading
Utah is poised to become the fourth state to enact comprehensive consumer privacy legislation, following California, Virginia, and Colorado. Earlier this month, Utah’s legislature passed the Utah Consumer Privacy Act (S.B. 227) (UCPA) with no opposing votes in both the Utah Senate and House of Representatives. The bill was sent to Utah Governor Spencer Cox on March … Continue Reading
The California Privacy Protection Agency (CPPA), the newly formed state agency responsible for implementing the California Privacy Rights Act (CPRA), recently posted its first invitation for public comment on proposed rulemaking activities under the CPRA. Here is what you need to know:… Continue Reading
Recently, the Office of the Attorney General of California announced three major updates that 1) added to the California Consumer Privacy Act’s (CCPA) opt-out rules related to the sale of personal information, 2) made it easier for consumers to participate in enforcing the CCPA, and 3) unveiled other focus areas of CCPA enforcement activities.… Continue Reading
Overview On June 25, 2021, the U.S. Supreme Court decided TransUnion v. Ramirez, which held that even when a statute has been violated, and that statute provided a private right of action, plaintiffs still need a concrete injury in fact to have standing to bring a lawsuit in federal court. In this case, the statutory framework … Continue Reading
