On February 12, 2024, California bill AB-1949 was referred to the Assembly Committee on Privacy and Consumer Protection. The bill would amend the California Consumer Privacy Act (as amended by the California Privacy Rights Act) to significantly expand businesses’ obligations with respect to the personal information of consumers under the age of 18.
Continue Reading California Children’s Privacy Bill Moves to Committee

On February 12, 2024, a federal court in the Southern District of Ohio issued an order granting a Motion for a Preliminary Injunction, prohibiting the Ohio Attorney General from implementing and enforcing the Parental Notification by Social Media Operators Act, Ohio Rev. Code § 1349.09(B)(1).
Continue Reading Ohio Court Grants Motion for Preliminary Injunction on Parental Notification by Social Media Operators Act

California class action plaintiffs have begun to file under a new theory—the pen register and trap and trace device theory under Section 638.51 of the California Invasion of Privacy Act. A recent California decision denied the motion to dismiss as to the Section 638.51 claim, rejecting the argument that the defendant’s software was not a pen register.
Continue Reading New Wave of Website Privacy Lawsuits Under the Pen Register and Trap and Trace Device Theory

On January 31, 2024, the UK ICO released a statement in response to its requirement that the UK’s biggest websites comply with data protection laws when using cookies. The ICO said that it received “an overwhelmingly positive response,” with 38 of the 58 organizations having changed their cookie banners in order to come into compliance.
Continue Reading UK ICO Warns Organizations to Make Advertising Cookies Compliant Following Call to Action

On January 18, 2024, the UK Information Commissioner’s Office (“ICO”) published an updated Opinion on age assurance for the Children’s Code (the “Opinion”). The Children’s Code is a statutory code of practice setting out how information society services likely to be accessed by children should protect children’s information rights online.Continue Reading UK ICO Publishes Updated Opinion on Age Assurance

On January 9, 2024, the Federal Trade Commission published a blog post reminding artificial intelligence (“AI”) “model-as-a-service” companies to uphold the privacy commitments they make to customers, including promises made in Terms of Service agreements, promotional materials and online marketplaces.  Continue Reading FTC Reminds AI Companies to Uphold Privacy Commitments