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Libbie Canter represents a wide variety of multinational companies on privacy, cyber security, and technology transaction issues, including helping clients with their most complex privacy challenges and the development of governance frameworks and processes to comply with global privacy laws. She routinely supports clients on their efforts to launch new products and services involving emerging technologies, and she has assisted dozens of clients with their efforts to prepare for and comply with federal and state privacy laws, including the California Consumer Privacy Act and California Privacy Rights Act.

Libbie represents clients across industries, but she also has deep expertise in advising clients in highly-regulated sectors, including financial services and digital health companies. She counsels these companies — and their technology and advertising partners — on how to address legacy regulatory issues and the cutting edge issues that have emerged with industry innovations and data collaborations.

A new year means new state privacy bills introduced in states across the country.  With two additional states joining California last year with the passage of the Virginia Consumer Data Protection Act and the Colorado Privacy Act, it is likely that more states will join the fray this year in creating a patchwork of comprehensive privacy laws in the United States.

While some states will have these bills under consideration well into the fall, the vast majority of state legislatures will adjourn by early June and thirteen will adjourn before the start of April.

During this early year sprint, there are five general trends that observers will want to keep an eye on in state legislatures.
Continue Reading State Legislative Trends to Watch in 2022

On November 8, 2021, New York Governor Kathy Hochul signed a new electronic monitoring law (S2628) requiring New York businesses that monitor or intercept employees’ e-mails, telephone calls, or internet usage to notify employees in writing of these practices.  The new law amends the state’s civil rights law and takes effect on May 7, 2022.
Continue Reading New York Requires Businesses To Notify Employees of Electronic Monitoring

The Virginia Consumer Data Protection Act (“VCDPA”) Work Group has issued its 2021 Final Report. The final report, which is based on the six Work Group meetings between June and October 2021, summarizes information presented at the meetings on topics such as enforcement, definitions and rulemaking authority, as well as consumer rights and education.  We summarize some of the comments below.
Continue Reading Virginia Consumer Data Protection Act Work Group Issues Final Report

On Wednesday, October 6th, Governor Gavin Newsom signed SB 41, the Genetic Information Privacy Act, which expands genetic privacy protections for consumers in California, including those interacting with direct-to-consumer (“DTC”) genetic testing companies.  In a recent Inside Privacy blog post, our colleagues discussed SB 41 and the growing patchwork of state genetic privacy laws

Last Friday, October 1, the Protecting DNA Privacy Act (HB 833), a new genetic privacy law, went into effect in the state of Florida establishing four new crimes related to the unlawful use of another person’s DNA.  While the criminal penalties in HB 833 are notable, Florida is not alone in its focus on increased genetic privacy protections.  A growing number of states, including Utah, Arizona, and California, have begun developing a net of genetic privacy protections to fill gaps in federal and other state legislation, often focused on the privacy practices of direct-to-consumer (“DTC”) genetic testing companies.  While some processing of genetic information is covered by federal law, the existing patchwork of federal genetic privacy protections do not clearly cover all forms of genetic testing, including DTC genetic tests.
Continue Reading Newly Effective Florida Law Imposing Criminal Sanctions Adds to Developing Nationwide Patchwork of State Genetic Privacy Laws

With the rollout of the COVID-19 vaccine, more and more businesses are planning to reopen their physical office spaces.  They are confronted with ensuring a safe workplace and minimizing the risk of exposure to COVID-19.  As employers consider health screening measures, ranging from temperature checks to vaccine mandates, they must navigate complex privacy issues.
Continue Reading COVID-19: Legal Considerations and Best Practices for Employers Processing Vaccination Data

As COVID-19 vaccination becomes required in more personal and professional contexts, several different frameworks have emerged that propose both guiding principles and technical requirements for vaccine verification systems, including those developed by the World Health Organization (WHO) and the Good Health Pass Collaborative (GHPC).
Continue Reading COVID-19 Vaccine Verification Frameworks: Emerging Standards Seek to Balance Privacy Concerns With Public Health Benefits