On February 14, 2020, California State Assembly Member Ed Chau introduced the Automated Decision Systems Accountability Act of 2020, which would require any business in California that provides a person with a program or device that uses an “automated decision system” (“ADS”) to establish processes to “continually test for biases during the development and usage … Continue Reading
On February 12, 2020, Senator Kirsten Gillibrand (D-NY) announced a plan to create a new Data Protection Agency through her proposed legislation, the Data Protection Act of 2020 (S.3300). Under the proposal, the new agency would replace the Federal Trade Commission (FTC) as the “privacy cop on the beat.” As such, the FTC’s current authority … Continue Reading
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
While all eyes are on California following the implementation of the California Consumer Privacy Act (“CCPA”) earlier this month and the start of enforcement later this year, other states are off to the privacy races already. On Monday, Washington State became the latest entrant with the introduction of a revised Washington Privacy Act. From the … Continue Reading
In a recent blog post, the Federal Trade Commission highlighted three key changes it made in 2019 in its approach to issuing orders in data security enforcement matters. As stated by Andrew Smith, the Director of the FTC’s Bureau of Consumer Protection, in the blog post, the agency intends for these changes to strengthen consumer … Continue Reading
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
Heading into the new year, California Consumer Privacy Act (“CCPA”) readiness remains top of mind for many businesses, especially as continued developments, such as the California Attorney General’s forthcoming implementing regulations, may implicate compliance efforts. State legislation will likely move forward in 2020. At the same time, however, companies should not lose sight of legislative … Continue Reading
On January 6, 2020, the Federal Trade Commission (FTC) sued a California-based mortgage broker for allegedly disclosing the personal information of customers who left negative Yelp reviews, and filed a settlement of the claims. According to the complaint, Ramon Walker is the owner and operator of Mortgage Solutions FCS, Inc., a broker connecting residential mortgage … Continue Reading
On December 18, 2019, staffers on the House Energy and Commerce Committee circulated a draft of a bipartisan privacy bill. The draft is currently unnamed and unfinished, but it lays out a comprehensive framework that expands both individuals’ rights to their data and the FTC’s enforcement role over digital privacy. Rep. Cathy McMorris-Rodgers (R-Wash.) and … Continue Reading
On November 26, 2019, a group of Democratic senators introduced the Consumer Online Privacy Rights Act (COPRA). This comprehensive privacy bill—sponsored by Senators Maria Cantwell (D-WA), Brian Schatz (D-HI), Amy Klobuchar (D-MN), and Ed Markey (D-MA)—would grant individuals broad control over their data, impose new obligations on data processing, and expand the FTC’s enforcement role … Continue Reading
With less than two months until it goes into effect, many practitioners are focused on bringing their programs into compliance with the California Consumer Protection Act (“CCPA”) by January 1, 2020. But the rapid pace of privacy legal developments could continue next year. This past year, five states established studies or task forces to study … Continue Reading
As the effective date of the California Consumer Privacy Act looms closer, companies are grappling with the significance of the law and its definitions. One defined term in particular, “sale,” has sparked heated debate between industry and consumer advocates, and even within the legal profession. While much has been said about this term, more needs … Continue Reading
On October 23, 2019, the European Commission (“Commission”) published its Report on the third annual review of the EU-U.S. Privacy Shield (“Privacy Shield”) (the Report is accompanied by a Staff Working Document). The Report “confirms that the U.S. continues to ensure an adequate level of protection for personal data transferred under the Privacy Shield” (see … Continue Reading
On October 22, 2019, the Federal Trade Commission reached a proposed settlement with the developer of three so-called “stalking” apps that enabled purchasers of the app to secretly monitor the mobile devices on which they were installed. Developer Retina-X Studios, LLC and its owner James N. Johns marketed the three apps—MobileSpy, PhoneSheriff, and TeenShield—as a … Continue Reading
Last week, after months of negotiation and speculation, the California legislature passed bills amending the California Consumer Privacy Act (“CCPA”). This marked the last round of CCPA amendments before the legislature adjourned for the year—and before the CCPA takes effect on January 1, 2020. California Governor Gavin Newsom has until October 13 to sign the … Continue Reading
On September 3, 2019, the Federal Trade Commission (“FTC”) announced settlement agreements with five companies for alleged false claims of certification under the EU-U.S. and Swiss-U.S. Privacy Shield frameworks (collectively, “Privacy Shield”). These settlements indicate that the FTC is continuing to actively enforce Privacy Shield commitments, as it has done with respect to several other … Continue Reading
Yesterday, the Federal Trade Commission (“FTC”) and the New York Attorney General’s office (“NYAG”) settled allegations against Google LLC and its subsidiary YouTube, LLC claiming violations of the Children’s Online Privacy Protection Act and its implementing rule (together, “COPPA”). The settlement requires Google and YouTube to pay $136 million to the FTC and $34 million … Continue Reading
At the Black Hat conference in Las Vegas last week, a security researcher presented his research on using access rights available under the GDPR for identity theft purposes (slides available here; whitepaper available here). Specifically, the researcher “attempted to steal as much information as possible” about his fiancé by submitting GDPR access requests in her … Continue Reading
On July 10, 2019, the European Data Protection Board (“EDPB”) and the European Data Protection Supervisor (“EDPS”) issued a joint assessment of the impact of the U.S. Clarifying Overseas Use of Data Act (“CLOUD Act”) on the legal framework for the protection of personal data in the EU. The EDPB is an independent body composed … Continue Reading
Earlier this month, Maine’s legislature enacted a new statute granting broad privacy rights to internet users in the state. Hailed as “the strictest consumer privacy protections in the nation,” the statute places among the toughest burdens on regulated entities to protect the data of their consumers. The statute applies only to broadband internet service providers … Continue Reading
On June 20, 2019, Keith Krach was confirmed by the U.S. Senate to become the Trump administration’s first permanent Privacy Shield Ombudsperson at the State Department. The role of the Privacy Shield Ombudsperson is to act as an additional redress avenue for all EU data subjects whose data is transferred from the EU or Switzerland … Continue Reading
As policymakers weigh the implications of artificial intelligence (“AI”) and the Internet of Things (“IoT”), members of Congress have introduced a handful of measures focusing on Government support for and adoption of these emerging technologies. In May, Senators Deb Fischer (R-NE), Brian Schatz (D-HI), Cory Gardner (R-CO), and Cory Booker (D-NJ) reintroduced the Developing and … Continue Reading
On May 29, 2019, the Governor of Nevada signed into law Senate Bill 220 (“SB 220”), an act relating to Internet privacy and amending Nevada’s existing law requiring websites and online services to post a privacy notice. In short, Nevada’s law will require operators of Internet websites and online services to follow a consumer’s direction … Continue Reading
On May 8, 2019, the Federal Trade Commission (FTC) announced its first three cases that exclusively enforce the Consumer Review Fairness Act (CRFA). Enacted in December 2016 to protect consumers’ ability to share their honest reviews, the CRFA prohibits companies from using form contracts that bar consumers from writing negative reviews or threaten them with … Continue Reading
