Maneesha Mithal

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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 the draft regulations and the delegation of rulemaking authority functions to the CPPA’s executive director. Ahead of this meeting, on June 3, the CPPA released a draft Initial Statement of Reasons (ISOR) to accompany the draft regulations, which provides an explanation of the purpose and necessity of the draft regulations, along with an FAQ offering further information about the draft regulations and rulemaking process. While the formal CPRA rulemaking process has not yet officially begun, we expect to learn more about a potential schedule for the notice and comment period for the regulations at the CPPA’s June 8 meeting.

For a more high-level overview of the draft regulations’ key takeaways, please see our Wilson Sonsini Alert.
Continue Reading California Privacy Protection Agency Releases Draft CPRA Regulations – An In-Depth Analysis

COVID-19 has rapidly accelerated our expectations that virtual connection can deliver better and more economical care. As a result, digital health companies have an unprecedented opportunity to innovate, but with that opportunity also comes significant regulatory challenges related to the collection and processing of personal health information. What legal requirements apply to processing of health information? What are the risks associated with noncompliance? In this brief primer, we provide answers to these questions, and a window to what may lay next on the horizon.
Continue Reading Privacy and Security of Health Information: A Primer for Digital Health Companies

On May 19, 2022, at an open commission meeting, the Federal Trade Commission (FTC) voted unanimously to: 1) release a new policy statement on the Children’s Online Privacy Protection Act (COPPA) indicating that the FTC will prioritize enforcement of COPPA’s substantive provisions and closely scrutinize EdTech providers; and 2) publish a request for public comment on proposed amendments to the Endorsement Guides (the guides) that are intended to bring them in line with current advertising practices. This was the first open commission meeting for Commissioner Alvaro Bedoya, whose confirmation on May 11 broke the FTC’s months-long 2-2 split along party lines.
Continue Reading FTC Votes Unanimously to Release New COPPA Policy Statement and Proposed Amendments to the Endorsement Guides

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 will become effective July 1, 2023. Indeed, 2023 will be a busy year for privacy compliance teams as several other U.S. state privacy laws will take effect throughout the year. Both the VCDPA and California Privacy Rights Act (CPRA) (which replaces the current California Consumer Privacy Act (CCPA)) will take effect on January 1, 2023, ColoPA will take effect the same day as CPOMA, and the Utah Consumer Privacy Act (UCPA) will take effect on December 31, 2023.
Continue Reading And Then There Were Five: Connecticut Enacts Comprehensive Privacy Law

Last week, the Federal Trade Commission (FTC) and the District Attorneys of Los Angeles County and Riverside County agreed to an order to settle claims against Frontier Communications Intermediate, LLC and its parent company, Frontier Communications Parent, Inc. (collectively, Frontier). The plaintiffs alleged that Frontier promised internet speeds that Frontier did not deliver. The order, approved by all Commissioners, contains far-reaching and, in some cases, novel relief, including an $8.5 million penalty, a requirement for customer-by-customer substantiation, an absolute prohibition on signing up of certain new customers, and a mandated $50-60 million investment in new technology.
Continue Reading FTC Takes Aggressive Action Against Internet Service Provider for Misrepresenting Internet Speeds

As a fintech company, platform offering payment services, or a cryptocurrency business, you may be used to operating in uncharted waters; the Consumer Financial Protection Bureau (CFPB), however, is ready to start drawing some maps. It has announced that it will begin to exercise its supervisory authority over non-bank consumer financial entities that the CFPB has reason to believe pose risks to consumers. It also announced a new procedural rule to govern when CFPB decisions related to these supervisory actions will be made available to the public.
Continue Reading CFPB and Fintech Companies: Charting a New Course on Regulatory Supervision