Unique Insights on Privacy and Data Protection Worldwide
On September 13, 2024, the Colorado Attorney General’s office (the Colorado Department of Law) proposed draft amendments (draft regulations) to its Colorado Privacy Act (CPA) regulations, which took effect…
Continue Reading Colorado Department of Law Proposes Amendments to the Colorado Privacy Act Regulations Regarding Biometric and Minors’ DataOn August 16, 2024, the U.S. Court of Appeals for the Ninth Circuit issued an opinion partially upholding—and partially vacating—the District Court for the Northern District of California’s preliminary injunction preventing the California Age-Appropriate Design Code Act (CAADCA or the Act) from going into effect. Specifically, the Ninth Circuit upheld the district court’s injunction related to Data Protection Impact Assessment (DPIA) provisions while the district court further considers whether the remaining portions of the law are likely to be severable or unconstitutional on their own. Although the Ninth Circuit’s decision has not yet gone into effect, businesses subject to the CCPA may soon find themselves on the hook for complying with many provisions in the CAADCA.Continue Reading Ninth Circuit Ruling Paves the Way for California Age-Appropriate Design Code to Partially Come into Effect
On July 16, 2024, the California Privacy Protection Agency (CPPA) Board met to discuss advancing its over 200-page draft rulemaking package to formal proceedings.[1] The proposed regulations include 37 pages of significant new obligations spanning cybersecurity audits, automated decision-making technology (e.g., artificial intelligence, (AI)), privacy risk assessments, and 72 pages of other updates to existing regulations. Together, these regulations would create new compliance obligations for tens of thousands of California businesses and are preliminarily estimated to generate a staggering $4.2 billion in compliance costs for those businesses in their first year alone. Critically, these estimates do not include the many businesses that are based outside of California, yet subject to the California Consumer Privacy Act (CCPA) because they do business in California, meaning the real economic burden is likely to be far more significant.Continue Reading Substantial New CCPA Regulations Inch Closer to Reality: A Detailed Overview of the New Requirements and Their Projected $4 Billion Cost to California Businesses
In the first half of 2024, seven new states—Kentucky, Maryland, Minnesota, Nebraska, New Hampshire, New Jersey, and Rhode Island—all enacted their takes on comprehensive privacy laws, bringing the total number of states with such laws…
Continue Reading Seven New States Join Patchwork of U.S. Comprehensive Privacy Laws: Top 10 Trends from the First Half of 2024On June 18, 2024, the California Attorney General and the Los Angeles City Attorney (collectively, “the People”) announced a settlement with Tilting Point Media LLC (Tilting Point). The settlement resolves allegations that Tilting Point violated the Children’s Online Privacy Protection Act (COPPA), the California Consumer Privacy Act (CCPA), and the Privacy Rights for California Minors in the Digital World Act (Digital Privacy for Minors Act).Continue Reading Video Game App Developer Agrees to Pay $500,000 for Children’s and Minors’ CCPA, COPPA, and Ads Violations
On June 20, 2024, the United States District Court for the Northern District of Texas ordered the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) to vacate its guidance that had restricted HIPAA-covered entities’ use of third party online tracking technologies, such as common website advertising and analytics tools. In vacating the guidance, the court held that the agency exceeded its authority by redefining what is considered protected health information (PHI) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). While this order is a defeat for OCR’s guidance on online tracking technologies, regulated companies should react cautiously. The order could be appealed and potentially reversed, OCR could still bring enforcement actions in other circuits advancing their interpretation of PHI, and the Federal Trade Commission’s (FTC’s) laws and state privacy laws could still apply.Continue Reading Texas District Court Vacates OCR’s HIPAA Bulletin on Online Tracking Technologies, But Issues Mixed Decision
