On February 9, 2024, a California state court of appeal ruled in favor of the California Privacy Protection Agency and vacated the lower court order postponing enforcement of the CPPA’s final regulations under the California Consumer Privacy Act.
Continue Reading Court Restores CPPA’s Authority to Enforce CPRA Regulations
U.S. State Law
New Wave of Website Privacy Lawsuits Under the Pen Register and Trap and Trace Device Theory
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. …
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NYDFS Issues $8 Million Fine Against Virtual Currency Company
On January 12, 2024, the New York State Department of Financial Services (“NYDFS”) announced a consent order with virtual currency company Genesis Global Trading, Inc. (“Genesis”) for “significant” failings in Genesis’ Anti-Money Laundering and cybersecurity compliance frameworks. According to the NYDFS, Genesis’ failure to comply with the NYDFS’ virtual currency and cybersecurity regulations left the company vulnerable to cybersecurity risks and related unlawful activity. Continue Reading NYDFS Issues $8 Million Fine Against Virtual Currency Company
New Jersey Becomes 14th State to Enact a Comprehensive State Privacy Law
On January 16, 2024, Governor Phil Murphy signed into law Bill 332, making New Jersey the 14th state with a comprehensive state privacy law. The law is set to take effect in January 2025. …
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FTC Issues Notice of Proposed Rulemaking to Update COPPA Rule
On December 20, 2023, the Federal Trade Commission released a Notice of Proposed Rulemaking, which would bring long-anticipated changes to the children’s online data privacy regime at the federal level in the U.S.
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California Privacy Protection Agency Publishes Draft Regulations on Automated Decisionmaking Technology
On November 27, 2023, the California Privacy Protection Agency published its draft regulations on automated decisionmaking technology. …
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California Privacy Protection Agency Board Meeting Scheduled for December 8, 2023
The California Privacy Protection Agency Board announced an upcoming public meeting to take place over Zoom on Friday, December 8, 2023. …
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NAI Issues Best Practices Guidance on Health-Related Digital Advertising
On November 8, 2023, the Network Advertising Initiative (“NAI”) issued its best practices guidance (“Guidance”), which advocates for the use of demographic data for health advertising, rather than sensitive health information.Continue Reading NAI Issues Best Practices Guidance on Health-Related Digital Advertising
California Enacts Amendments to the CCPA and Other New Laws
On October 8, 2023 and October 10, 2023, California Governor Gavin Newsom signed A.B. 947, A.B. 1194, S.B. 362 and S.B. 244 into law. …
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Utah Publishes Proposed Rules for Age Verification and Parental Consent in Social Media Law
On October 15, 2023, a proposal was published on Utah’s social media regulation law, S.B. 152, which was signed earlier this year.
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