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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”) announced it will hold a special meeting on July 28, 2022 at 9 a.m. PST to discuss and potentially act on proposed federal privacy legislation, including the bipartisan American Data Protection and Privacy Act (“ADPPA”) (H.R. 8152).  The ADPPA is a comprehensive data privacy bill that advanced through

During its June 8, 2022 board meeting, the California Privacy Protection Agency (CPPA) voted to initiate the formal California Privacy Rights Act (CPRA) rulemaking process.  The draft rules are expected to be very similar to those previously published in advance of the Board meeting, although Deputy Attorney General Lisa Kim noted during the meeting that minor errors may be updated prior to the formal submission of the draft rules.  The current draft rules and Initial Statement of Reasons (ISOR) continue to be accessible on the CPPA website.

Continue Reading California Privacy Protection Agency Votes To Initiate Formal Rulemaking Process

In advance of the June 8, 2022 board meeting, the California Privacy Protection Agency (CPPA) staff has posted draft rules implementing the California Privacy Rights Act (CPRA).  The draft regulations keep much of the pre-existing California Consumer Privacy Act (CCPA) regulations intact, but modify certain provisions and propose new regulations.  A copy of the proposed

On May 19, the Federal Trade Commission (“FTC”) adopted, on a unanimous basis, a policy statement reminding educational technology vendors (“ed tech vendors”) of their duty to comply with the substantive privacy protections of the Children’s Online Privacy Protection Act (“COPPA”) and the Commission-issued COPPA Rule.  The policy statement reiterates the requirements of the Rule and previous informal guidance from Commission staff, and makes clear that ed tech vendors may not submit children to commercial surveillance and data monetization practices when using technology in the classroom.

Continue Reading FTC Unanimously Adopts Policy Statement on Education Technology and COPPA

The Connecticut legislature passed Connecticut SB 6 on April 28, 2022.  If signed by the governor, the bill would take effect on July 1, 2023, though the task force created by the bill will be required to begin work sooner.

The bill closely resembles the Colorado Privacy Act, with a few notable additions.  Like the Colorado Privacy Act, the bill adopts “controller” and “processor” terminology, provides consumers with rights to access, correct, delete, obtain a copy, and opt-out of certain types of processing of their personal data, and requires consent for certain activities.
Continue Reading Connecticut Legislature Passes Comprehensive Privacy Bill

On April 12, at the International Association of Privacy Professionals’ global privacy conference, Colorado Attorney General Phil Weiser gave remarks on his office’s approach to the rulemaking and enforcement of the Colorado Privacy Act.
Continue Reading Colorado Attorney General Remarks on CPA Rulemaking

In March, the Supreme Court issued its decision in Federal Bureau of Investigation v. Fazaga, No. 20-828, holding that the state secrets privilege—and its dismissal remedy—applies to cases that may also be subject to the judicial review procedures set forth in the Foreign Intelligence Surveillance Act (“FISA”).  In so holding, the Court reversed the Ninth Circuit’s 2020 ruling that FISA displaces the state secrets privilege in cases involving electronic surveillance.

Continue Reading Supreme Court Holds FISA Does Not Displace the State Secrets Privilege

The California Privacy Protection Agency (“CPPA”) held two informational hearings on March 29, 2022 and March 30, 2022, in anticipation of its upcoming rulemaking later this year.  While the CPPA Board was present throughout the hearings, its members did not present any views as part of the program.  The speakers covered the following topics of note:
Continue Reading California Privacy Protection Agency Holds Informational Hearings

Utah appears poised to be the next state with a comprehensive privacy law on its books, following California, Virginia, and Colorado.  On March 2nd, the Utah House of Representatives voted unanimously to approve an amended version of the legislative proposal, and the Senate concurred with the House amendment on the following day.  Formalities are now being completed to send the bill to Governor Spencer Cox for signature.

The Utah Consumer Privacy Act (“UCPA”) provides for consumer rights and responsibilities for controllers and processors.  Although the bill generally tracks the comprehensive privacy law passed in Virginia last year, the VCDPA, there are some notable differences.  Key provisions in the bill include the following:
Continue Reading Utah Legislature Passes Comprehensive Privacy Bill