A new year means new state privacy bills introduced in states across the country.  With two additional states joining California last year with the passage of the Virginia Consumer Data Protection Act and the Colorado Privacy Act, it is likely that more states will join the fray this year in creating a patchwork of comprehensive privacy laws in the United States.

While some states will have these bills under consideration well into the fall, the vast majority of state legislatures will adjourn by early June and thirteen will adjourn before the start of April.

During this early year sprint, there are five general trends that observers will want to keep an eye on in state legislatures.
Continue Reading State Legislative Trends to Watch in 2022

On January 4, 2022, the Federal Trade Commission published a warning to companies and their vendors to take reasonable steps to remediate the Log4j vulnerability (CVE-2021-44228).  The FTC provided a list of recommended remedial actions for companies using the Log4j software.  The FTC’s warning references obligations under the FTC Act and Gramm Leach Bliley Act (“GLBA”) to take reasonable action to remediate vulnerabilities, and hints at potential inquiries and enforcement actions against companies and vendors that fail to do so.  As the FTC notes in its warning, the “FTC intends to use its full legal authority to pursue companies that fail to take reasonable steps to protect consumer data from exposure as a result of Log4j, or similar known vulnerabilities in the future.”
Continue Reading FTC Warns Companies to Remediate the Log4j Vulnerability and Hints at Potential Enforcement Actions

Last week, in a decision that confirms the viability of cy pres settlements in privacy class action cases, the Ninth Circuit affirmed approval of a class action injunctive relief and cy pres-only settlement in In re Google Inc. Street View Electronic Communications Litigation, No. 20-15616, 2021 WL 6111383.  The case featured Wiretap Act claims based on Google Street View vehicles’ collection of “payload data,” including emails, passwords, and documents that Internet users transmitted over unencrypted Wi-Fi networks.
Continue Reading Ninth Circuit Affirms Approval of Injunctive Relief and Cy Pres Settlement of Google Street View Privacy Claims

On Episode 17 of Covington’s Inside Privacy Audiocast, Dan Cooper, Sam Choi, Danielle Kehl and Nick Shepherd discuss the developments related to children’s privacy, looking at relevant legislation, standards, and guidelines in the UK, the EU, and the U.S., and zooming in on some child-specific topics such as age thresholds and age verification,

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.
Continue Reading U.S. and Australia Sign CLOUD Act Agreement

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.
Continue Reading FTC Announces Regulatory Priorities for Both Privacy and Competition

On December 2, 2021, the Transportation Security Administration (“TSA”) announced the issuance of Security Directive 1580-21-01, Enhancing Rail Cybersecurity, and Security Directive 1582-21-01, Enhancing Public Transportation and Passenger Railroad Cybersecurity (the “December Security Directives”), and “additional guidance for voluntary measures to strengthen cybersecurity across the transportation sector in response to the ongoing cybersecurity threat to surface transportation systems and associated infrastructure.”  TSA’s announcement clarifies that these actions are “among several steps DHS is taking to increase the cybersecurity of U.S. critical infrastructure.”

The December Security Directives, which become effective on December 31, 2021, impose significant requirements on owners and operators of “higher-risk freight railroads, passenger rail, and rail transit.”  TSA’s announcement also explained that it has extended certain requirements of the December Security Directives to airport and airline operators and has recommended that “all other lower-risk surface transportation owners and operators voluntarily implement” the requirements of the December Security Directives.
Continue Reading TSA Imposes New Cybersecurity Requirements for Rail and Air Sectors

On November 8, 2021, New York Governor Kathy Hochul signed a new electronic monitoring law (S2628) requiring New York businesses that monitor or intercept employees’ e-mails, telephone calls, or internet usage to notify employees in writing of these practices.  The new law amends the state’s civil rights law and takes effect on May 7, 2022.
Continue Reading New York Requires Businesses To Notify Employees of Electronic Monitoring