On May 22, 2023, the Federal Trade Commission filed an amicus brief in support of a ruling by the United States Court of Appeals for the Ninth Circuit that COPPA does not preempt state laws claims that are consistent with COPPA.
On May 22, 2023, the Federal Trade Commission announced a proposed order against education technology provider Edmodo, LLC (“Edmodo”) for violations of the Children’s Online Privacy Protection Rule (“COPPA Rule”) and Section 5 of the FTC Act.
On May 18, 2023, the Federal Trade Commission announced it is seeking comment to proposed changes to the Health Breach Notification Rule (the “Rule”). The Rule requires vendors of personal health records (“PHR”), PHR-related entities and service providers to these entities, to notify consumers and the FTC (and, in some cases, the media) in the event of a breach of unsecured identifiable health information, including cybersecurity intrusions and other instances of unauthorized access. By clarifying the Rule’s scope and applicability, and by modernizing allowable methods of notice, the proposed amendments seek to update the Rule to account for technological change since the Rule’s issuance, which includes the proliferation of health apps and connected devices, and the emergence of a widespread market for health data.
On May 24, 2023, the UK Information Commissioner’s Office (“ICO”) announced it published new guidance for businesses and employers on responding to subject access requests (“SARs”). The right of access, commonly referred to as a subject access request, gives someone the right to request a copy of their personal information from organizations. The ICO received over 15,000 complaints related to SARs during April 2022 and March 2023.
On May 23, 2023, the UK Information Commissioner, John Edwards, delivered the opening remarks at the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (“LIBE”). The Commissioner opened his speech by stating his “principal reason” for being present was to provide “reassurance” that he takes his “responsibility of protecting Europeans data in the United Kingdom very seriously” and “will continue to do so through the process of law reform, and beyond.” The Commissioner went on to discuss several points, including the following:
On May 17, 2023, the Federal Trade Commission issued a consumer alert regarding the Premom Ovulation Tracker app (“Premom”) sharing sensitive information with third parties without users’ permission. According to the alert, Premom is a free app that is marketed as an accurate fertility calendar, which can be used to assist users who are trying to become pregnant.
On May 22, 2023, the Irish Data Protection Commission (the “DPC”) announced a €1.2 billion fine against Meta Ireland for unlawfully transferring personal data to the U.S.
On May 3, 2023, New York Governor Kathy Hochul signed into law fiscal bill A.3007C/S.4007, which contains provisions prohibiting the establishment of a geofence around health care facilities.
On May 18, 2023, the Federal Trade Commission issued a policy statement on “Biometric Information and Section 5 of the Federal Trade Commission Act.” The statement warns that the use of consumer biometric information and related technologies raises “significant concerns” regarding privacy, data security, and bias and discrimination, and makes clear the FTC’s commitment to combatting unfair or deceptive acts and practices related to the collection and use of consumers’ biometric information and the marketing and use of biometric information technologies.
On May 17, 2023, the European Data Protection Board (EDPB) adopted the final version of its Guidelines on facial recognition technologies in the area of law enforcement (the “Guidelines”). The Guidelines address lawmakers at the EU and EU Member State level, and law enforcement authorities and their officers implementing and using facial recognition technology.
On May 4, 2023, the Florida Senate and House of Representatives voted in favor of sending the Florida Digital Bill of Rights (“FDBR”) and other amendments related to government moderation of social media and protection of children in online spaces (S.B. 262) to Governor Ron DeSantis for signature. Unlike the other comprehensive state privacy laws that have been enacted, the FDBR applies to a much narrower subset of entities.
On May 16, 2023, the French Data Protection Authority (the “CNIL”) announced its action plan on artificial intelligence (the “AI Action Plan”). The AI Action Plan builds on prior work of the CNIL in the field of AI and consists of a series of activities the CNIL will undertake to support the deployment of AI systems that respect the privacy of individuals.
On May 4, 2023, the Biden-Harris Administration announced new actions to promote responsible American innovation in artificial intelligence (“AI”). The Administration also met with the CEOs of Alphabet, Anthropic, Microsoft and OpenAI as part of the Administration’s broader, ongoing effort to engage with advocates, companies, researchers, civil right organizations, not-for-profit organizations, communities, international partners, and others on critical AI issues. These efforts build upon the steps the Administration has taken so far, including the Blueprint for an AI Bill of Rights issued by the White House Office of Science and Technology Policy (“OSTP”) and the AI Risk Management Framework released by the National Institute of Standards and Technology (“NIST”). The Administration is also actively working to address national security concerns raised by AI, especially in critical areas like cybersecurity, biosecurity and safety.
On May 5, 2023, New York Attorney General Letitia James released proposed legislation that seeks to regulate all facets of the cryptocurrency industry. Entitled the “Crypto Regulation, Protection, Transparency, and Oversight (CRPTO) Act,” if enacted the bill would substantially expand New York’s oversight of crypto enterprises conducting business in the Empire State, including as to matters involving privacy and cybersecurity.
On May 11, 2023, at a plenary session, the European Parliament voted to adopt a resolution on the adequacy of the protection afforded by the EU-U.S. Data Privacy Framework (the “Framework”) which calls on the European Commission (the “Commission”) to continue negotiations with its U.S. counterparts with the aim of creating a mechanism that would ensure equivalence and provide the adequate level of protection required by EU data protection law. The text was adopted with 306 votes in favor, 27 against and 231 abstaining. This resolution follows the draft motion (summary available here) which was published in February 2023 and urged the Commission not to adopt adequacy based on the Framework.
On May 10, 2023, the Texas Senate passed H.B. 4, also known as the Texas Data Privacy and Security Act (“TDPSA”). The TDPSA now heads to a conference committee between the Texas Senate and House to rectify the differences between the Senate and House versions. If the TDPSA is signed into law, Texas could become the tenth state to enact comprehensive privacy legislation.
On May 4, 2023, the Centre for Information Policy Leadership at Hunton Andrews Kurth published a discussion paper on business-to-government (B2G) data sharing.
On May 4, 2023, the Court of Justice of the European Union (“CJEU”) issued a judgment in the Österreichische Post case (C-300/21). In the decision, the CJEU clarified that a mere infringement of the EU General Data Protection Regulation (“GDPR”) is not sufficient to give data subjects the right to receive compensation under Article 82 of the GDPR. Article 82 provides that “any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered.”
On May 4, 2023, the California Privacy Protection Agency (“CPPA”) Board announced that it will hold a public meeting on May 15, 2023 to discuss California Privacy Rights Act of 2020 (“CPRA”) regulations proposals and priorities, and other CPPA activities.
On April 25, 2023, officials from the Federal Trade Commission, Consumer Financial Protection Bureau (“CFPB”), Department of Justice’s Civil Rights Division (“DOJCRD”) and the Equal Employment Opportunity Commission (“EEOC”) released a Joint Statement on Enforcement Efforts against Discrimination and Bias in Automated Systems (“Statement”), also sometimes referred to as “artificial intelligence” (“AI”).
On April 21, 2023, the Tennessee legislature voted to enact the Tennessee Information Privacy Act (H.B. 1181)(“TIPA”). TIPA includes a requirement for controllers and processors to create, maintain and comply with a written privacy program that reasonably conforms to the National Institute of Standards and Technology (NIST) privacy framework. Under TIPA, the scale and scope of a controller or processor’s privacy program is appropriate if it is based on specific factors enumerated in the law. These include (1) the size and complexity of the controller or processor’s business; (2) the nature and scope of the activities of the controller or processor; (3) the sensitivity of the personal information processed; (4) the cost and availability of tools to improve privacy protections and data governance; and (5) compliance with a comparable state or federal law.
On March 22, 2023, Capita PLC (“Capita”) experienced a cyber incident which it announced in a press release on April 3, 2023 and an update on April 20, 2023. Capita identified the incident on March 31, 2023, and confirmed the incident caused disruption to some services provided to individual clients, which has now been resolved. On April 21, 2023, the UK Information Commissioner’s Office (“ICO”) issued a statement confirming that Capita reported the incident and the ICO is investigating. The ICO also noted that other organizations affected by the incident should “consider their position[s]” and, if necessary, submit a breach notification.
Search
Recent Posts
Categories
- Behavioral Advertising
- Centre for Information Policy Leadership
- Children’s Privacy
- Cyber Insurance
- Cybersecurity
- Enforcement
- European Union
- Events
- FCRA
- Financial Privacy
- General
- Health Privacy
- Identity Theft
- Information Security
- International
- Marketing
- Multimedia Resources
- Online Privacy
- Security Breach
- U.S. Federal Law
- U.S. State Law
- U.S. State Privacy
- Workplace Privacy
Tags
- Aaron Simpson
- Accountability
- Adequacy
- Advertisement
- Advertising
- American Privacy Rights Act
- Anna Pateraki
- Anonymization
- Anti-terrorism
- APEC
- Apple Inc.
- Argentina
- Arkansas
- Article 29 Working Party
- Artificial Intelligence
- Australia
- Austria
- Automated Decisionmaking
- Baltimore
- Bankruptcy
- Belgium
- Biden Administration
- Big Data
- Binding Corporate Rules
- Biometric Data
- Blockchain
- Bojana Bellamy
- Brazil
- Brexit
- British Columbia
- Brittany Bacon
- Brussels
- Business Associate Agreement
- BYOD
- California
- CAN-SPAM
- Canada
- Cayman Islands
- CCPA
- CCTV
- Chile
- China
- Chinese Taipei
- Christopher Graham
- CIPA
- Class Action
- Clinical Trial
- Cloud
- Cloud Computing
- CNIL
- Colombia
- Colorado
- Commodity Futures Trading Commission
- Compliance
- Computer Fraud and Abuse Act
- Congress
- Connecticut
- Consent
- Consent Order
- Consumer Protection
- Cookies
- COPPA
- Coronavirus/COVID-19
- Council of Europe
- Council of the European Union
- Court of Justice of the European Union
- CPPA
- CPRA
- Credit Monitoring
- Credit Report
- Criminal Law
- Critical Infrastructure
- Croatia
- Cross-Border Data Flow
- Cyber Attack
- Cybersecurity
- Cybersecurity and Infrastructure Security Agency
- Data Brokers
- Data Controller
- Data Localization
- Data Privacy Framework
- Data Processor
- Data Protection Act
- Data Protection Authority
- Data Protection Impact Assessment
- Data Transfer
- David Dumont
- David Vladeck
- Delaware
- Denmark
- Department of Commerce
- Department of Health and Human Services
- Department of Homeland Security
- Department of Justice
- Department of the Treasury
- Disclosure
- District of Columbia
- Do Not Call
- Do Not Track
- Dobbs
- Dodd-Frank Act
- DPIA
- E-Privacy
- E-Privacy Directive
- Ecuador
- Ed Tech
- Edith Ramirez
- Electronic Communications Privacy Act
- Electronic Privacy Information Center
- Elizabeth Denham
- Employee Monitoring
- Encryption
- ENISA
- EU Data Protection Directive
- EU Member States
- European Commission
- European Data Protection Board
- European Data Protection Supervisor
- European Parliament
- Facial Recognition
- Facial Recognition Technology
- FACTA
- Fair Information Practice Principles
- Federal Aviation Administration
- Federal Bureau of Investigation
- Federal Communications Commission
- Federal Data Protection Act
- Federal Trade Commission
- FERC
- FinTech
- Florida
- Food and Drug Administration
- Foreign Intelligence Surveillance Act
- France
- Franchise
- Fred Cate
- Freedom of Information Act
- Freedom of Speech
- Fundamental Rights
- GDPR
- Geofencing
- Geolocation
- Georgia
- Germany
- Global Privacy Assembly
- Global Privacy Enforcement Network
- Gramm Leach Bliley Act
- Hacker
- Hawaii
- Health Data
- Health Information
- HIPAA
- HIPPA
- HITECH Act
- Hong Kong
- House of Representatives
- Hungary
- Illinois
- India
- Indiana
- Indonesia
- Information Commissioners Office
- Information Sharing
- Insurance Provider
- Internal Revenue Service
- International Association of Privacy Professionals
- International Commissioners Office
- Internet
- Internet of Things
- IP Address
- Ireland
- Israel
- Italy
- Jacob Kohnstamm
- Japan
- Jason Beach
- Jay Rockefeller
- Jenna Rode
- Jennifer Stoddart
- Jersey
- Jessica Rich
- John Delionado
- John Edwards
- Kentucky
- Korea
- Latin America
- Laura Leonard
- Law Enforcement
- Lawrence Strickling
- Legislation
- Legislature
- Liability
- Lisa Sotto
- Litigation
- Location-Based Services
- London
- Madrid Resolution
- Maine
- Malaysia
- Markus Heyder
- Maryland
- Massachusetts
- Mexico
- Microsoft
- Minnesota
- Mobile App
- Mobile Device
- Montana
- Morocco
- MySpace
- Natascha Gerlach
- National Institute of Standards and Technology
- National Labor Relations Board
- National Science and Technology Council
- National Security
- National Security Agency
- National Telecommunications and Information Administration
- Nebraska
- NEDPA
- Netherlands
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- New Zealand
- Nigeria
- Ninth Circuit
- North Carolina
- Norway
- Obama Administration
- OECD
- Office for Civil Rights
- Office of Foreign Assets Control
- Ohio
- Online Behavioral Advertising
- Opt-In Consent
- Oregon
- Outsourcing
- Pakistan
- Parental Consent
- Paul Tiao
- Payment Card
- PCI DSS
- Penalty
- Pennsylvania
- Personal Data
- Personal Health Information
- Personal Information
- Personally Identifiable Information
- Peru
- Philippines
- Phyllis Marcus
- Poland
- PRISM
- Privacy By Design
- Privacy Policy
- Privacy Rights
- Privacy Rule
- Privacy Shield
- Protected Health Information
- Ransomware
- Record Retention
- Red Flags Rule
- Rhode Island
- Richard Thomas
- Right to Be Forgotten
- Right to Privacy
- Risk-Based Approach
- Rosemary Jay
- Russia
- Safe Harbor
- Sanctions
- Schrems
- Scott Kimpel
- Securities and Exchange Commission
- Security Rule
- Senate
- Serbia
- Service Provider
- Singapore
- Smart Grid
- Smart Metering
- Social Media
- Social Security Number
- South Africa
- South Carolina
- South Korea
- Spain
- Spyware
- Standard Contractual Clauses
- State Attorneys General
- Steven Haas
- Stick With Security Series
- Stored Communications Act
- Student Data
- Supreme Court
- Surveillance
- Sweden
- Switzerland
- Taiwan
- Targeted Advertising
- Telecommunications
- Telemarketing
- Telephone Consumer Protection Act
- Tennessee
- Terry McAuliffe
- Texas
- Text Message
- Thailand
- Transparency
- Transportation Security Administration
- Trump Administration
- United Arab Emirates
- United Kingdom
- United States
- Unmanned Aircraft Systems
- Uruguay
- Utah
- Vermont
- Video Privacy Protection Act
- Video Surveillance
- Virginia
- Viviane Reding
- Washington
- WeProtect Global Alliance
- Whistleblowing
- Wireless Network
- Wiretap
- ZIP Code