As we look ahead at 2022, we here provide a quick wrap-up of key developments for U.S. state privacy laws in the past year:
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U.S. and Australia Sign CLOUD Act Agreement
On December 15, 2021, the United States and Australia signed an agreement on cross-border law enforcement demands for data from service providers (“Agreement”). The Agreement is the second bilateral agreement to be entered into under the Clarifying Lawful Overseas Use of Data (CLOUD) Act, following the U.S.-UK agreement in 2019. …
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FTC Announces Regulatory Priorities for Both Privacy and Competition
On December 10th, the Federal Trade Commission (FTC) published a Statement of Regulatory Priorities that announced the agency’s intent to initiate rulemakings on issues such as privacy, security, algorithmic decision-making, and unfair methods of competition. …
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CCPA Consumer Request Metrics Reporting Due July 1, 2021
The deadline is quickly approaching for businesses to post their consumer request metrics under the California Consumer Privacy Act (CCPA) Regulations.
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Colorado Legislature Passes Comprehensive Consumer Privacy Bill
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. …
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Ninth Circuit Denies Section 230 Defense in Products Liability Case
Last week, the Ninth Circuit ruled in Lemmon v. Snap, Inc., No. 20-55295 (May 4 2021), that 47 U.S.C. § 230 (“Section 230”) did not bar a claim of negligent product design against Snap, Inc., reversing and remanding a lower court ruling. …
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Florida Legislature Considering Comprehensive Privacy Law
Florida may be next state to join the growing number of states with a consumer privacy law, as both chambers of Florida’s legislature are currently considering comprehensive state privacy legislation. Both HB 969 and SB 1734 resemble the California Consumer Privacy Act (“CCPA”), though they contain some notable differences. Florida Governor Ron DeSantis expressed support of these measures, stating that these proposals “finally check these companies’ unfettered ability to profit off our data and ensure the protection of Floridians’ personal and private information.”
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SMARTWATCH Act and AHRQ’s Inquiry
Two recent actions by lawmakers are intended to address certain uses of technology in health. First, two Senators have introduced a bipartisan bill related to the collection and use of identifiable health data from wearable health trackers. Second, following an appeal from Democratic lawmakers, the Agency for Healthcare Research and Quality (“AHRQ”) plans to review the use of race-based algorithms in medical care.
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Inside Privacy Audiocast: Episode 9 – China’s Approach to Data Protection
On the ninth episode of our Inside Privacy Audiocast, we peer through the looking glass at China’s approach to data protection and the latest developments in its emerging data protection and cybersecurity regime. Dan Cooper, Yan Luo and Zhijing Yu discuss the variety of legal instruments in China’s quickly-evolving data protection and cybersecurity regulatory…
Four Key Cyber Takeaways from The CPRA
Last year, Californians passed proposition 24, also known as the California Privacy Rights Act (“CPRA”). That law makes several changes to the California Consumer Privacy Act (“CCPA”), including some that relate to an organization’s cybersecurity practices.
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