There have been numerous developments in the online safety and data privacy space for minors in particular over the last few months. Here we cover some notable decisions in the federal courts and cases with nationwide implications in addition to final and pending legislative and regulatory action by the Federal government.
CPPA’s Enforcement Update: New Regulations and Focus Areas
The California Privacy Protection Agency (“CPPA”) discussed at its July 16 meeting new enforcement focuses in addition to current goals. While the new focuses are largely in line with general trends, they also serve as a reminder that specific and nuanced compliance decisions can make a big difference.
As the CPPA has made clear in
43 AGs Urge FTC to Update Child Online Privacy Rules
On March 7, 2024, a bipartisan coalition of 43 state attorneys general sent to the Federal Trade Commission (“FTC”) a letter urging the FTC to update the regulations (“COPPA Rules”) implementing the Children’s Online Privacy Protection Act (“COPPA”).
Through regulations known as the “COPPA Rule,” state attorneys general are authorized to bring actions as parens
FTC Warns That “Quietly Changing” Privacy Policies May Be an Unfair or Deceptive Practice
The FTC published guidance warning companies that “[i]t may be unfair or deceptive for a company to adopt more permissive data practices—for example, to start sharing consumers’ data with third parties or using that data for AI training—and only inform consumers of this change through a surreptitious, retroactive amendment to its terms of service or
Connecticut AG Issues Report to General Assembly on CTDPA
On February 1, 2024, the Connecticut Office of the Attorney General (“OAG”) submitted to the Connecticut General Assembly its report on the first six months of the Connecticut Data Privacy Act (“CTDPA”). While the report includes important information about its enforcement efforts to date, the most noteworthy aspect may be its recommendation to the legislature
FTC Authorizes use of Compulsory Process in AI Investigations
On November 21, the Federal Trade Commission (“FTC”) approved in a 3-0 vote a resolution authorizing the use of compulsory process in nonpublic investigations involving products and services that involve or claim to involve Artificial Intelligence (AI).
Compulsory process is akin to a subpoena, and it allows the FTC to request the production of information
FTC Announces New Safeguards Rule Breach Notification Requirements
On October 27, the Federal Trade Commission (“FTC”) unanimously voted to amend the Safeguards Rule to require non-banking financial institutions, such as mortgage brokers, motor vehicle dealers, and payday lenders, to report data breaches and security events to the Agency. This amendment will become effective 180 days after its publication in the Federal Register.
Under
California’s Proposed “Delete Act” Would Create a ‘Do Not Sell’ List for Data Brokers
California continues to be at vanguard of data privacy rights. The latest effort by California legislators to protect consumer privacy rights focuses on data brokers, who under the proposed California Senate Bill 362, aka the “Delete Act,” would be required to recognize and honor opt-out signals from Californians. The law seeks to expand on
Texas Adds a Wrinkle to State Privacy Law Patchwork
On May 28, Texas became the sixth state this year to pass a comprehensive data protection law. Although the Texas Data Privacy and Security Act (“TDPSA”) is largely in line with the Virginia Consumer Data Protection Act and other recently passed state privacy laws, it has a few key distinctions that may cause
FTC Challenge to Data Broker Precise Geolocation Sale Dismissed with Leave to Amend
In a ruling published May, 4, the Federal District Court of Idaho granted defendant data broker Kochava’s motion to dismiss a complaint filed by the Federal Trade Commission (“FTC”). In its complaint, the FTC alleged that Kochava’s sale of precise consumer geolocation data constituted an unfair act or practice in violation of Section 5 of