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Libbie Canter

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.

At its March 8, 2024 meeting, the Board of the California Privacy Protection Agency (“CPPA”) moved, by a 3-2 vote, to advance proposed regulations addressing automated decision-making technology (“ADMT”) and risk assessments for the processing of personal information.  Notably, the Board’s vote only allows staff to begin paperwork preliminary to a rulemaking; it did not actually initiate the formal rulemaking process.  At the meeting, the CPPA Staff clarified that the Board will need to re-review the draft rules for ADMT, privacy risk assessments, and cyber audits and vote again to initiate the rulemaking process.  The CPPA’s General Counsel Philip Laird said he expects the Board will vote to begin the formal rulemaking process for all three topics in July 2024, at the earliest.  Once formal rulemaking begins, the Board has one year to finalize the regulations, per California’s Administrative Procedure Act.Continue Reading California Privacy Protection Agency Takes Next Step on New Automated Decision-Making Regulations and Privacy Risk Assessments

Senator Bill Cassidy (R-LA), the Ranking Member of the U.S. Senate Health, Education, Labor, and Pensions (“HELP”) Committee, published on February 21, 2024, a white paper with various proposals to update privacy protections for health data. In Part 1 of this blog series (see here), we discussed the first section of Senator Cassidy’s February 21, 2024, white paper. Specifically, we summarized Senator Cassidy’s proposals on how to update the existing framework of the Health Insurance Portability and Accountability Act, as amended, and its implementing regulations (collectively, “HIPAA”) without disrupting decades of case law and precedent. In this blog post, we discuss the other sections of the white paper, namely proposals to protect other sources of health data not currently covered by HIPAA.Continue Reading Senator Cassidy Issues White Paper with Proposals to Update Health Data Privacy Framework – Part 2: Safeguarding Health Data Not Covered by HIPAA 

On February 21, 2024, Senator Bill Cassidy (R-LA), the Ranking Member of the U.S. Senate Health, Education, Labor, and Pensions (“HELP”) Committee, issued a white paper, “Strengthening Health Data Privacy for Americans: Addressing the Challenges of the Modern Era”, which proposes several updates to the privacy protections for health data. This follows Senator Cassidy’s September 2023 request for information from stakeholders about how to enhance health data privacy protections covered by the Health Insurance Portability and Accountability Act (“HIPAA”) framework and to consider privacy protections for other sources of health data not currently covered by HIPAA. The white paper notes that several entities, including trade associations, hospitals, health technology companies, and think tanks, responded to the RFI.Continue Reading Senator Cassidy Issues White Paper with Proposals to Update Health Data Privacy Framework – Part 1: Updates to the HIPAA Framework

On February 14, 2024, Nebraska enacted a genetic privacy law (LB 308) regulating direct-to-consumer (“DTC”) genetic testing companies. The law is one of a flurry of bills regarding DTC genetic testing that have been introduced in several states since the beginning of 2024, following the enactment of several DTC genetic testing laws in 2023, such as in Virginia.Continue Reading Nebraska Enacts Direct-to-Consumer Genetic Privacy Law as Several Other States Propose Similar Bills at the Start of 2024

On February 9, the Third Appellate District of California vacated a trial court’s decision that held that enforcement of the California Privacy Protection Agency’s (“CPPA”) regulations could not commence until one year after the finalized date of the regulations.  As we previously explained, the Superior Court’s order prevented the CPPA from enforcing the regulations

The FTC recently announced proposed consent orders with Outlogic (formerly X-Mode Social) and InMarket Media concerning their collection and monetization of precise geolocation data.  Both companies collect location data using software development kits (“SDKs”) installed in first and third party apps, among other data sources.  According to the FTC’s complaints, Outlogic sold this data to third parties (including in a manner that revealed consumer’s visits to sensitive locations) without obtaining adequate consent, and InMarket used this data to facilitate targeted advertising without notifying consumers that their location data will be used for targeted advertising.  In both cases, the FTC alleged that these acts and practices constituted unfair and/or deceptive acts or practices under Section 5 of the FTC Act. Continue Reading FTC Announces Proposed Consent Orders Related to Location Data

New Jersey and New Hampshire are the latest states to pass comprehensive privacy legislation, joining California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Montana, Oregon, Texas, Florida, and Delaware.  Below is a summary of key takeaways. Continue Reading New Jersey and New Hampshire Pass Comprehensive Privacy Legislation

On January 9, the FTC published a blog post discussing privacy and confidentiality obligations for companies that provide artificial intelligence (“AI”) services.  The FTC described “model-as-a-service” companies as those that develop, host, and provide pre-trained AI models to users and businesses through end-user interfaces or application programming interfaces (“APIs”).  According to the FTC, when model-as-a-service

At its December 8 board meeting, the California Privacy Protection Agency (“CPPA”) voted to advance a legislative proposal that would require vendors of web browsers to include a feature that would allow consumers to exercise data subject rights through opt-out preference signals.  Regulations promulgated under the California Consumer Privacy Act, as amended by the California

Ahead of its December 8 board meeting, the California Privacy Protection Agency (CPPA) has issued draft risk assessment regulations.  The CPPA has yet to initiate the formal rulemaking process and has stated that it expects to begin formal rulemaking next year, at which time it will also consider draft regulations covering “automated decisionmaking technology” (ADMT), cybersecurity audits, and revisions to existing regulations.  Accordingly, the draft risk assessment regulations are subject to change.  Below are the key takeaways:Continue Reading CPPA Releases Draft Risk Assessment Regulations