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Category: Privacy


Business Law & Regulations, Privacy

CPPA Publishes Draft Automated Decisionmaking Technology (AI) Regulations

November 27, 2023

Via: LexBlog

On November 27, 2023, the California Privacy Protection Agency (Agency) published draft automated decisionmaking technology regulations as well as revised draft risk assessment regulations. The draft regulations were released in connection with the Agency’s December 8 board meeting. Importantly, the […]


Business Law & Regulations, Privacy

Delaware Becomes 12th US State to Enact Comprehensive Data Privacy Law

November 13, 2023

Via: National Law Review

The Delaware Personal Data Privacy Act (DPDPA) takes effect January 1, 2025. Delaware generally followed the Connecticut model, but has some unique terms. We provide a non-exhaustive list of some of Delaware’s requirements here. A lower threshold for application; no […]


Business Law & Regulations, Privacy

HHS-OCR Explains How HIPAA Security Rule Requirements Protect Against Cyberattacks

November 9, 2023

Via: National Law Review

On Oct. 30, in honor of National Cybersecurity Awareness Month, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released a video regarding how the HIPAA Security Rule can help protect healthcare entities against cyberattacks. […]


Business Law & Regulations, Privacy

With the Delete Act, California Enacts Another Groundbreaking Privacy Law

November 7, 2023

Via: JD Supra

The Situation: California has enacted a groundbreaking new privacy law aimed at data brokers—entities that sell information about consumers with whom they do not have a direct relationship. Under the Delete Act (SB 362), data brokers must allow California consumers […]


Business Law & Regulations, Privacy

Key changes brought by the Nigerian Data Protection Act, 2023

November 6, 2023

Via: JD Supra

The NDPR was issued by the National Information Technology Development Agency (NITDA) on 25 January 2019. The NDPR provides a comprehensive set of rules governing data protection in Nigeria, many of which are GDPR-compatible. In November 2020, NITDA issued the […]


Business Law & Regulations, Privacy

FTC Amends Safeguards Rule, Requires Non-Banks to Report Data Security Breaches

November 3, 2023

Via: LexBlog

On October 27, the FTC has approved an amendment to the Safeguards Rule that would require non-banking institutions to report certain data breaches and other security events to the agency. The amendment requires financial institutions to notify the FTC as […]


Business Law & Regulations, Privacy

New York AG Remains Active On The Data Security Enforcement Front

November 2, 2023

Via: LexBlog

In yet another example of its focus on imposing greater data security accountability, the New York Attorney General (“NYAG”) recently announced a significant settlement with Marymount Manhattan College (“the College”). The settlement stems from a data breach to which the […]


Business Law & Regulations, Privacy

Irish DPA to Ban Meta from Processing Personal Data for Behavioral Advertising Following EDPB Urgent Binding Decision

November 2, 2023

Via: LexBlog

On October 27, 2023, the European Data Protection Board (“EDPB”) adopted an urgent binding decision instructing the Irish Data Protection Commissioner (the “Irish DPC”) to take final measures against Meta Ireland Limited (“Meta”) within two weeks and impose a ban […]


Business Law & Regulations, Privacy

California Attorney General Appeals Federal Court Ruling That Online Child Safety Act Is Likely Unconstitutional

October 23, 2023

Via: LexBlog

Last week, the Attorney General for California filed a notice of appeal to overturn a federal court ruling that the state’s Age-Appropriate Design Code Act (“CAADCA”) likely violates the First Amendment. The appeal will put the constitutionality of California’s act […]


Business Law & Regulations, Privacy

California Takes an Aggressive Approach to Regulating Data Brokers

October 19, 2023

Via: LexBlog

The Delete Act (SB 362), signed into law by California Gov. Gavin Newsom on October 10, imposes additional disclosure and registration requirements on data brokers. It requires data brokers to support deletion requests through a central “deletion mechanism” managed by […]


Business Law & Regulations, Privacy

California Continues to Expand Privacy Protections

October 13, 2023

Via: National Law Review

The California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (the “CCPA”), is regarded as one of the strongest and most comprehensive privacy laws in the United States and in recent days it […]


Business Law & Regulations, Privacy

U.S. Privacy Litigation Update: September 2023

October 12, 2023

Via: JD Supra

This is the seventh installment in our monthly data privacy litigation reports to provide updates on how courts in the United States have handled emerging data privacy trends. In this post we look at advancements in data privacy litigation in […]


Business Law & Regulations, Privacy

UK-US Data Bridge: An Extension to EU-US Data Privacy Framework

October 10, 2023

Via: JD Supra

The UK government has published the Data Protection (Adequacy) (United States of America) Regulations 2023 (SI 2023/1028) (the UK-US Data Bridge Regulations) which adopted an adequacy decision for the US (the UK-US Data Bridge) and will come into force on […]


Business Law & Regulations, Privacy

FTC Issues Notice to Tax Preparation Companies about the Misuse of Confidential Information

October 3, 2023

Via: JD Supra

The FTC recently issued a Notice of Penalty Offences (Notice) to certain tax preparation companies concerning the potential misuse of consumer data collected in confidential contexts in violation of the FTCA. The FTC warns that these companies may face civil […]


Business Law & Regulations, Privacy

Why Your Website Needs A Privacy Policy

September 28, 2023

Via: JD Supra

In this day and age, data privacy is a hot topic. Many Americans believe their personal data is less secure now than ever and that data collection poses more risks than benefits.[1] For this reason, among others, businesses must consider […]


Business Law & Regulations, Privacy

Insurer Has Duty to Defend BIPA Lawsuit Alleging Violation of Privacy in the Creation of Fingerprint Data

September 27, 2023

Via: JD Supra

The Appellate Court of Illinois, First District, applying New York law, has held that an insurer owed a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA) violations because the allegations constituted violations of an […]


Business Law & Regulations, Privacy

Oregon Passes Comprehensive Data Privacy Law

September 21, 2023

Via: JD Supra

To whom does the Oregon Consumer Privacy Act apply? The Oregon Consumer Privacy Act imposes transparency and disclosure obligations on a “controller” (an individual or legal entity who, “alone or jointly with another person, determines the purposes and means for […]


Business Law & Regulations, Privacy

Not-So-First State: Delaware Becomes Twelfth State to Enact Data Privacy Legislation

September 20, 2023

Via: JD Supra

On September 12, 2023, Delaware governor John Carney signed the Delaware Personal Data Privacy Act (the “DPDPA” or the “Act”) into law. The DPDPA protects the privacy rights of consumers in Delaware and regulates the collection, use, and disclosure of […]


Business Law & Regulations, Privacy

What is ‘publicly available information’ under the state privacy laws?

September 13, 2023

Via: National Law Review

Most modern U.S. state data privacy laws exempt from their definition of personal information “publicly available information.” What constitutes publicly available information differs between state privacy laws and may not correlate to the lay definition understood by many businesses and […]


Business Law & Regulations, Privacy

Update: Processing Sensitive Personal Information under U.S. State Privacy Laws

September 12, 2023

Via: National Law Review

As of now, 12 states (CA, CO, CT, DE, IA, IN, MT, OR, TN, TX, UT, and VA) have passed comprehensive privacy laws that are in effect (CA, CT, CO, and VA), or are about to go into effect sometime […]