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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.

The California Privacy Protection Agency (CPPA), which is responsible for issuing regulations implementing the California Privacy Rights Act (CPRA), has posted its approved discussion draft for seeking public comments in preparation for its CPRA rulemaking activities.  The CPPA indicated that it is particularly interested in receiving comments on the following eight topics:
Continue Reading California Privacy Protection Agency Seeks Comments on Preliminary CPRA Issues

To add to the growing number of bills that would amend or revoke Section 230 of the Communications Decency Act, last month Senator Amy Klobuchar (D-MN) introduced the Health Misinformation Act of 2021 (S.2448).  Senator Ben Lujan (D-NM) cosponsored the bill.

The bill would amend Section 230 to revoke the Act’s liability shield

Yesterday, Rep. Kathy Castor (D-FL) introduced an updated version of the “Protecting the Information of our Vulnerable Children and Youth Act” (Kids PRIVCY Act), which would make broad changes the Children’s Online Privacy Protection Act (COPPA).  Rep. Castor introduced a similar bill in early 2020, but it stalled alongside other proposals to overhaul the federal children’s privacy law last year.
Continue Reading Rep. Castor Reintroduces Bill to Rewrite the Children’s Online Privacy Protection Act

Last week, Virginia’s Joint Commission on Technology and Science held its second meeting of the Consumer Data Protection Work Group.

Instead of following a detailed rulemaking process for implementation like that provided for in the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA) is being reviewed over the next few months by a group of state officials, business representatives, and advocates. This group will publish recommendations by November 1, 2021, which the state legislature can consider if it amends the law before the VCDPA goes into effect on January 1, 2023. A stated goal of the group is to align the VCDPA with other privacy laws that states are enacting around the country.

At the meeting, the group heard public comments as well as a presentation by Deputy Attorney General Samuel Towell on behalf of the Office of the Attorney General of Virginia (OAG). The presentation covered issues that the OAG sees with the VCDPA’s implementation and proposed a number of recommendations for the group to consider:
Continue Reading Virginia Consumer Data Protection Work Group Holds Second Meeting, Hears Recommendations from the Office of the Virginia Attorney General

Earlier this month the California Privacy Protection Agency (CPPA) held its inaugural public meeting.  The CPPA was created under Proposition 24, the California Privacy Rights Act (CPRA), which was approved by California voters on November 3, 2020.
Continue Reading California Privacy Protection Agency Holds First Meeting, Preparing for Upcoming Rulemaking

Colorado is poised to join the growing number of states enacting a comprehensive privacy law.  On Monday, June 7, both houses of the legislature passed the Colorado Privacy Act.  The bill will now be sent to the Governor for approval. 
Continue Reading Colorado Legislature Passes Comprehensive Consumer Privacy Bill

This week, Senators Ed Markey (D-Mass.) and Bill Cassidy (R-La.) introduced the Children and Teens’ Online Privacy Protection Act, which would update the Children’s Online Privacy Protection Act (COPPA).  COPPA is the comprehensive federal children’s privacy law enacted in 1998 that regulates the collection, use, and disclosure of personal information online from children under 13.
Continue Reading Senators Markey and Cassidy Introduce Bill to Update the Children’s Online Privacy Protection Act

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 Members of the California Privacy Protection Agency Announced

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 firstin-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 the newly introduced Washington People’s Privacy Act (HB 1433)

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