Photo of Lindsey Tonsager

Lindsey Tonsager

Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the U.S. Congress, and other federal and state regulators on a proactive basis, she has experience helping clients respond to informal investigations and enforcement actions, including by self-regulatory bodies such as the Digital Advertising Alliance and Children’s Advertising Review Unit.

Ms. Tonsager’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, behavioral advertising, e-mail marketing, artificial intelligence the processing of “big data” in the Internet of Things, spectrum policy, online accessibility, compulsory copyright licensing, telecommunications and new technologies.

Ms. Tonsager also conducts privacy and data security diligence in complex corporate transactions and negotiates agreements with third-party service providers to ensure that robust protections are in place to avoid unauthorized access, use, or disclosure of customer data and other types of confidential information. She regularly assists clients in developing clear privacy disclosures and policies―including website and mobile app disclosures, terms of use, and internal social media and privacy-by-design programs.

Subscribe to all posts by Lindsey Tonsager

Members of the California Privacy Protection Agency Announced

The five members of the California Privacy Protection Agency (“CPPA”) were announced today.  The members – who were appointed by Governor Newsom, Attorney General Becerra, Senate President pro Tempore Atkins, and Assembly Speaker Rendon – will lead the new agency, which will have rulemaking and enforcement authority under the California Privacy Rights Act (“CPRA”).… Continue Reading

2021 State Privacy Legislation Roundup: California, Virginia, New York, and Washington

Several states have proposed new privacy bills since their sessions began.  Some of the proposed bills carry over or re-introduce bills drafted in previous legislative sessions, while others are introducing first-in-time omnibus privacy bills.  In the high-level chart below, we compare five of the key state privacy frameworks: the CPRA, VCDPA (which we blogged about here), the NYPA, the general privacy provisions of the Washington Privacy Act, and … Continue Reading

FTC Reaches Settlement with Tapjoy for Allegedly Deceiving Consumers About In-Game Rewards

On January 7, the Federal Trade Commission (“FTC”) reached a proposed settlement with Tapjoy, a California-based company that operates an advertising platform within mobile gaming applications.  According to its complaint, the FTC alleges that Tapjoy deceived consumers by failing to provide in-game rewards it promised for completing actions associated with third-party advertisements.… Continue Reading

Washington State Hearing on Latest Privacy Bill Highlights Competing Interests For Best Practices and Data Minimization

Washington State Hearing on Latest Privacy Bill Highlights Competing Interests For Best Practices and Data Minimization  On January 14, 2020, Washington’s State Senate Committee on Environment, Energy & Technology received public testimony about Senate Bill 5062, the “Washington Privacy Act.”  Representatives from trade associations, the Attorney General’s Office, and civil rights groups offered recommendations to … Continue Reading

California District Court Tosses Kids’ Data Collection Suit, Finds COPPA Preempts State Law

Judge Freeman of the U.S. District Court for the Northern District of California dismissed a class action against Google and several YouTube channel owners alleging various violations under California state law.  Plaintiffs alleged Defendants infringed their children’s privacy and consumer rights by collecting personal information and delivering targeted advertisements while they viewed child-directed YouTube videos.  … Continue Reading

California Attorney General Releases Fourth Set of Proposed Modifications to California Consumer Privacy Act Regulations

Yesterday, the California Attorney General (“AG”) proposed a fourth set of modifications to the California Consumer Privacy Act regulations. These modifications build on the third set of proposed regulations released by the AG in October, which we discussed here. Interested parties have until December 28 to submit comments in response.… Continue Reading

Californians Approve Ballot Initiative Modifying the California Consumer Privacy Act

Voters in California approved Proposition 24, which updates the California Consumer Privacy Act (“CCPA”) just a few months after the landmark regulations implementing the privacy law went into effect.  As we have previously explained, the California Privacy Rights Act (“CPRA”) will change the existing CCPA requirements in a number of ways, including limiting the sharing … Continue Reading

California Attorney General Releases New Proposed Modifications to California Consumer Privacy Act Regulations

On Monday, the California Attorney General (“AG”) proposed a third set of modifications to the recently enacted California Consumer Privacy Act (“CCPA”) regulations.  Interested parties have until October 28 to file comments in response. These proposed modifications are the latest effort in an extensive rulemaking process that has lasted more than a year.  Most recently, … Continue Reading

Federal Trade Commission Updates, Streamlines COPPA FAQs

The FTC recently updated Complying with COPPA: Frequently Asked Questions, the set of FAQs meant to provide informal guidance for complying with the Children’s Online Privacy Protection Act and the Commission-issued COPPA Rule.  In an accompanying blog post, the FTC staff emphasized that the revisions to the FAQs “don’t raise new policy issues” and that … Continue Reading

Inside Privacy Audiocast: Episode 4 – A Look into the ACLU of California’s Position on the CPRA

On our fourth episode of our Inside Privacy Audiocast, we are aiming our looking glass at the California Privacy Rights Act, and are joined by guest speaker Jacob Snow, Technology and Civil Liberties Attorney with the American Civil Liberties Union of Northern California. In September 2019, Alastair Mactaggart, Board Chair and Founder of Californians for … Continue Reading

California Legislature Extends CCPA’s Employment and Business-to-Business Exemptions

The California legislature has approved a contingency plan to ensure that certain California Consumer Privacy Act (“CCPA”) exemptions will be extended beyond December 2020.  Regardless of what happens with the November ballot initiative, businesses will have at least another year before they must comply with all of the CCPA’s provisions when collecting or using certain … Continue Reading

Final CCPA Regulations Take Effect With Modification; Extension of Employee and Business-to-Business Exemptions Advances

Two developments in the past week will likely have a significant impact on businesses subject to the California Consumer Privacy Act (“CCPA”): the long-awaited CCPA regulations have been finalized and put into immediate effect with modifications, while at the same time it seems increasingly likely that the exemptions for employees’ and business-to-business contacts’ data will … Continue Reading

California Legislature Advances Privacy Legislation

Today, the California Senate Judiciary Committee will consider AB 1281, which would extend the California Consumer Privacy Act’s (CCPA) business-to-business and employment exemptions until January 1, 2022, in the event that the pending ballot initiative—which also would extend the exemptions—does not pass this November. In addition, the Committee will consider two contact tracing measures, AB … Continue Reading

Bill Restricting Companies’ Use of Biometrics and Expanding California’s Right To Know Nationwide Introduced in Senate

Senators Jeff Merkley (D-Merkley) and Bernie Sanders (I-Vermont) recently introduced the National Biometric Information Privacy Act (NBIPA), which would require private entities to obtain consumers’ and employees’ written consent prior to collecting their biometric information and expand nationwide individuals’ access rights and rights to request additional information from businesses.  The bill also would grant a … Continue Reading

AI Update: EU High-Level Working Group Publishes Self Assessment for Trustworthy AI

On July 17, 2020, the High-Level Expert Group on Artificial Intelligence set up by the European Commission (“AI HLEG”) published The Assessment List for Trustworthy Artificial Intelligence (“Assessment List”). The purpose of the Assessment List is to help companies identify the risks of AI systems they develop, deploy or procure, and implement appropriate measures to … Continue Reading

CCPA Update: Final Rulemaking Package Submitted to OAL

The California Attorney General (“AG”) has submitted his proposed final CCPA regulations to the California Office of Administrative Law (“OAL”). The proposed final rules substantively are the same as the draft rules released for public notice on March 11, which we summarized previously here.   However, the AG’s responses to comments and Final Statements of Reasons … Continue Reading

CCPA 2.0 And Where We Go From Here

 On May 4th, 2020, Californians for Consumer Privacy confirmed that they had submitted hundreds of thousands more signatures than required to qualify for a ballot initiative. It is still yet unknown whether the Attorney General will qualify the ballot for the November 2020 election, let alone whether it would pass. If the initiative passes, it … Continue Reading

California AG Releases Draft CCPA Regulations: Round 3

In the latest development in the CCPA saga, the California Attorney General has further modified the draft regulations implementing the California Consumer Privacy Act (“CCPA”). His office’s website posted clean and redlined versions of the new regulations (the “March draft regulations”). Below, please find a summary of some of the most notable changes:… Continue Reading

New Bill Seeks to Impose Design Restrictions on Kids’ Online Content and Marketing

On March 5, Senators Ed Markey (D-MA) and Richard Blumenthal (D-CT) introduced the Kids Internet Design and Safety (KIDS) Act.  The bill, which covers online platforms directed to children and teenagers under 16 years old, aims to curb the time spent by these minors on such platforms and could dramatically affect advertising and influencer content … Continue Reading

California AG Releases New Draft CCPA Regulations

The California Attorney General has released both clean and redlined versions of proposed modifications to the draft implementing regulations for the California Consumer Privacy Act (“CCPA”). Below is a high-level overview of some key changes: Service Providers. The modified draft restricts a service provider from processing the personal information it receives from a business except … Continue Reading

Kids’ Privacy Bill Allowing for Private Suits Introduced in House

On January 30, House Rep. Kathy Castor (D-FL) introduced the Protecting the Information of our Vulnerable Children and Youth (“PRIVCY”) Act, a bill that promises to be a significant overhaul of the Children’s Online Privacy Protection Act (“COPPA”). Currently, COPPA applies only to personal information collected from children under 13 years old.  The PRIVCY Act … Continue Reading

State Legislatures Are Off to the Privacy Races, With New Hampshire in the Lead

While some state legislators are still putting away their holiday decorations, New Hampshire legislators introduced new data privacy legislation, New Hampshire House Bill 1680.  The legislation is similar to the California Consumer Privacy Act (which we’ve written extensively about before, including here and here).  It grants consumers access, portability, transparency, non-discrimination, deletion, and opt-out-of-sale rights … Continue Reading
LexBlog