Tag Archives: privacy

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

White House Releases National Cybersecurity Strategy: Key Takeaways for the Private Sector

On March 2, 2023, the White House released its National Cybersecurity Strategy (the Strategy). The Strategy sets out ambitious goals for the federal government to hold countries accountable for irresponsible behavior in cyberspace and to disrupt the networks of criminals behind cyberattacks. It also seeks to establish, harmonize, and streamline regulations to secure critical infrastructure, as well … 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

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

Colorado Attorney General’s Office Releases Third Version of Draft Rules for Colorado Privacy Act: Key Takeaways

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

Preparing for the UK Online Safety Bill: A Focus on Protecting Children

The UK Online Safety Bill (OSB or the Bill) cleared an important hurdle in January 2023 after passing its third reading in parliament. The Bill was first published in May 2021 and has been subject to intense scrutiny. If enacted, it will place extensive obligations on providers of search engines and online platforms that enable … Continue Reading

California AG Targets Mobile Apps for Failing to Honor or Provide Mechanism for Opt-Out Requests

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

CJEU Finds That Companies Must Provide Individuals with the Identity of Data Recipients When Responding to Data Access Requests

On January 12, 2023, the Court of Justice of the European Union (CJEU) ruled1 that the data subject’s right of access to personal data2 requires controllers to provide the data subject with the identity of the companies that they have shared or will share data with. This is a sharp departure from current market practice since many … Continue Reading

Colorado Attorney General’s Office Releases Modified Draft Rules for Colorado Privacy Act: Key Takeaways

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

2023 U.S. Cybersecurity Predictions

Given that cyberattacks continue to be sophisticated and severe, and cybersecurity continues to be a top concern for regulators, consumers, business partners, and investors, companies should be proactive and devote adequate resources to their security practices and incident response. In addition to the litigation and reputational risks that companies face if they are perceived as … Continue Reading

2023 U.S. Privacy Regulatory Predictions

The year 2023 promises to be another big year for privacy. In 2022, regulators focused on AI, dark patterns and aggressive remedies for allegedly deceptive and unfair data practices, such as disgorgement of algorithms developed through ill-gotten data, and these trends are likely to continue. Privacy professionals continue to focus on the privacy laws in five states coming into … Continue Reading

Council of the EU Proposes Amendments to Draft AI Act

On December 6, 2022, the European Union’s (EU) Regulation on Artificial Intelligence (AI Act) progressed one step towards becoming law when the Council of the EU (the Council) adopted their amendments to the draft act (Council General Approach). The European Parliament (Parliament) must now finalize their common position before interinstitutional negotiations can begin.… Continue Reading
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