Archives: Privacy

Subscribe to Privacy RSS Feed

SEC Adjusts Anticipated Action Date for Publication of Final Rules for Cybersecurity Reporting and Enhanced Standardized Disclosure

Earlier this month, the U.S. Securities and Exchange Commission’s (SEC) 2023 Spring Unified Agenda of Regulatory and Deregulatory Actions was released. The agenda identifies the rules that the agency expects to consider in the next 12 months and includes an anticipated action date for finalizing rules for cybersecurity disclosure by public companies by October 2023. … Continue Reading

FTC Alleges Amazon Prime Subscription and Cancellation Screens Violate Federal Law

The recent suit filed by the Federal Trade Commission (FTC) represents the latest guidance in the rapidly evolving patchwork of federal and state laws that govern online subscription models. Any company offering subscription services should take note. In addition to increased activity by federal and state regulators regarding subscription services, plaintiff firms representing consumers remain … Continue Reading

Are You Ready for the 3Cs?: California, Colorado, and Connecticut’s New Privacy Laws Become Enforceable July 1, 2023

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

UK and U.S. Commit to Establish a “Data Bridge” to Facilitate the Free Flow of Personal Data

On June 8, 2023, the UK and the U.S. governments issued a joint statement announcing that they had committed in principle to the establishment of a “UK Extension to the Data Privacy Framework,” which would facilitate flows of personal data between the two countries (the “Data Bridge”).… Continue Reading

Texas Joins Other States in Enacting Social Media Law for Minors

On June 13, 2023, Texas Governor Greg Abbott signed the Securing Children Online through Parental Empowerment Act (HB 18) (SCOPE Act). With this signing, Texas joins Utah and Arkansas in regulating social media and its impact on minors and their mental health. The SCOPE Act requires covered “digital service providers” to provide minors with certain data protections, prevent minors from accessing … Continue Reading

Europe Prepares for a New Era in AI Regulation

In Europe, recent advances in artificial intelligence (AI) have given rise to intense debate over how this technology should be regulated. Companies that have developed AI tools, or who are considering implementing AI, should assess the implications of recent legislative developments and regulatory action. This alert discusses the most recent legislative and regulatory developments in … Continue Reading

Meta Receives Record 1.2 Billion EUR Fine and Is Ordered to Suspend Its EU-U.S. Data Transfers

On May 22, 2023, Ireland’s Data Protection Commission (DPC) published its long-awaited decision in the Meta EU-U.S. data transfer case (Decision). In its landmark Decision, the DPC imposed a record 1.2 billion EUR fine and ordered Meta Platforms Ireland Limited (Meta) to suspend any EU-U.S. transfers of personal data within approximately five months. Meta was … Continue Reading

Generative AI: Privacy and Consumer Protection Considerations

Generative AI (GenAI) has been at the top of the headlines lately, transforming fields as varied as journalism, marketing, and gaming, boosting productivity and profitability, and performing functions previously limited to humans. Recent projections suggest that the global GenAI market will increase to over $100 billion annually by 2030. A previous Wilson Sonsini alert on GenAI covered … Continue Reading

FTC Announces Proposed Settlement with Premom Fertility Tracking App for Privacy Practices

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

FTC Announces Proposed Amendments to the Health Breach Notification Rule

On May 18, 2023, the Federal Trade Commission (FTC) announced a number of proposed amendments to the Health Breach Notification Rule (the Rule), the latest in a series of actions taken by the agency to make health apps and other similar technologies (such as fitness trackers) subject to the Rule. If adopted, the proposed amendments … Continue Reading

FTC Adopts New Policy Statement Warning About Misuses of Biometric Information

On May 18, 2023, the Federal Trade Commission (FTC) unanimously voted during its open meeting to adopt a new policy statement on biometric information and Section 5 of the FTC Act. In the statement, the FTC warns companies that it is committed to addressing deceptive and unfair practices involving the collection and use of biometric information, and … Continue Reading

U.S. State Privacy Law Update: New Comprehensive Laws Coming in Indiana, Montana, Tennessee, and Florida

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

HHS Proposes Purpose Limitation on Disclosures of PHI Related to Reproductive Health

On April 12, 2023, the Biden administration announced a notice of proposed rulemaking (NPRM) from the Department of Health and Human Services (HHS) Office for Civil Rights (OCR), the agency responsible for enforcing the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The NPRM is designed to protect patient privacy as it relates to … Continue Reading

Round Three: FTC Proposes Further Restrictions on Meta’s Privacy Practices and a Complete Prohibition on Meta Monetizing Youth Data

On May 3, 2023, the Federal Trade Commission (FTC) announced that it issued an order to show cause (the “show cause order”) to Meta Platforms, Inc. (formerly Facebook, Inc., “Meta”). The show cause order proposes major changes to the April 2020 order (the “2020 order”) pursuant to which Meta agreed to make substantial changes to its privacy program and pay a … Continue Reading

Washington State Governor Signs Sweeping Health Privacy Act (My Health My Data Act) into Law

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

The Sixth State: Iowa Enacts Comprehensive Privacy Law

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

UK Brings Forward Legislation to Streamline the GDPR

In March 2023, the UK government published the Data Protection and Digital Information (No. 2) Bill (the bill). If enacted, the bill will introduce significant changes to the UK’s data protection laws, with the aim of introducing a simple, clear, and business-friendly framework, while maintaining high data protection standards.… Continue Reading

FTC Announces Settlement with BetterHelp for Disclosing Consumers’ Health Information to Third-Party Advertisers

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

EDPB Issues Guidance on Cookie Banners

In January 2023, the European Data Protection Board (EDPB) published a report on cookie banners (Report). The Report provides practical guidance to companies doing business in the EU on how to comply with the EU cookie rules. It deals with issues such as reject-all buttons, pre-ticked boxes, banner design, and withdrawal icons. The Report is … Continue Reading

European Commission Seeks Companies’ Input on GDPR Enforcement

On February 24, 2023, the European Commission (EC) opened a public consultation on its initiative (Initiative) to revise procedural rules relating to the enforcement of the EU General Data Protection Regulation (GDPR). The EC invites companies to give feedback on the Initiative by March 24, 2023.… Continue Reading

EU Regulators Adopt Opinion on Draft EU-U.S. Data Privacy Framework

Since the invalidation of the Privacy Shield framework in 2020 in the “Schrems II” case, the EU and the U.S. have been working to set up a new framework for data flows from the EU to the U.S. A draft of a new “Data Privacy Framework” (DPF), which is designed to serve as the basis … Continue Reading

DSA: European Commission Publishes Guidance on Requirement to Publish User Numbers Ahead of February 17, 2023, Deadline

On February 1, 2023, the European Commission (EC) published Guidance on the requirement to publish user numbers under the Digital Services Act (DSA).1 The Guidance contains important information for providers of online platforms and online search engines that are required to publish the average monthly number of recipients of their service by February 17, 2023.… Continue Reading

FTC Announces First Enforcement Action Under the Health Breach Notification Rule Against GoodRx

On February 1, 2023, the Federal Trade Commission (FTC) announced a complaint against and proposed settlement agreement (the “proposed order”) with GoodRx, a digital health company, over its data sharing practices that allegedly resulted in the disclosure of sensitive health information to third-parties. This is the first enforcement action the FTC has ever brought under the … Continue Reading
LexBlog