Privacy Law and Regulation

Connecticut is the next in a growing list of states to pass comprehensive data privacy legislation.  Last Friday, the Connecticut legislature passed, by large margins, Senate Bill 6 — which we are referring to as the Connecticut Data Privacy Act (CTDPA).  The law now awaits the Governor’s signature.

The CTDPA follows the form and content of other privacy laws passed in the prior year, including the Colorado Privacy Act (CPA), Virginia Consumer Data Protection Act (VCDPA), and Utah Privacy Act (UPA).  California, of course, passed the California Consumer Privacy Rights Act (CPRA) via ballot initiative in 2020.  All of these laws will become effective in 2023.
Continue Reading  Connecticut Poised To Become Fifth State to Enact a Privacy Law

In a series of recent statements and releases, Lina Khan, the Chair of the FTC, made clear the Commission’s intention to revamp its oversight of consumer data privacy and establish more substantive limits on commercial data collection and processing activities. This plan is motivated in part by the increased adoption of workplace surveillance technologies as well as the “growing recognition that the ‘notice-and-consent’ framework” traditionally used by U.S. businesses may not be sufficient to protect consumer and employee rights. Chairperson Khan hopes to obtain additional funding to help recruit the talent required to develop this new framework, which is designed to bring the FTC “in line with similar agencies internationally.” However, the FTC plans to update its approach to “keep pace with new learning and technological shifts” regardless of whether funding is ultimately obtained. 
Continue Reading  FTC Chair Announces New Privacy Approach

At the IAPP Global Privacy Summit, Colorado Attorney General Phil Weiser announced the principles that would guide the CPA rulemaking process, after which his office published a white paper entitled Pre-Rulemaking Considerations for the CPA.  In the white paper, the Colorado Department of Law (which is headed by the Attorney General) welcomes informal input

On the latest episode of our podcast, Business Better, our Ballard lawyers discuss emerging trends in privacy litigation. Issues we discuss include companies sharing and selling consumer data, plaintiffs’ liability theories, including the right of publicity, and best business practices to consider in anticipation of privacy claims.

Leading this discussion is Aliza Karetnick, a Partner

Following the lead of California, Colorado, and Virginia, Utah is set to become the fourth state to pass a comprehensive privacy law.

As of March 4, the Utah Consumer Privacy Act (SB 227) cleared both houses of the Utah legislature.  The UCPA closely resembles the Virginia Consumer Data Privacy Act, but with some

On January 28, 2022 the Consumer Protection Section of the Colorado Attorney General’s Office issued guidance regarding data security best practices.  Businesses subject to the Colorado Privacy Act can look to these best practices as a roadmap for the technical and organizational data security safeguards the law requires businesses to implement.

The guidance instructs covered

2021 proved to be a momentous year for privacy and data security law.  The scourge of ransomware continued last year, leading to record-setting ransomware payments, a muscular response from the federal government, a hardening insurance market, and significant corporate anxiety.  Two more U.S. states passed comprehensive data privacy laws in 2021.  The FTC was very active, issuing new guidance for artificial intelligence (AI), publishing revisions to the GLBA Safeguards Rule, and bringing new enforcement actions.  The U.S. Supreme Court issued a number of opinions that had the effect of narrowing the scope of key privacy statutes while biometric litigation in Illinois exploded.  The European Commission promulgated new rules for cross-border transfers, and U.S. state regulatory enforcement activities ramped up.
Continue Reading  Predictions for Privacy & Data Security in 2022

The U.S. Department of Health and Human Services (HHS) released guidance to address how the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule applies to various entities’ requests for information related to an individual’s COVID-19 vaccination status.

HHS emphasized that the Privacy Rule applies only to covered entities, including health plans and most

Colorado has become the third state in the country to pass a comprehensive data privacy law, joining California and Virginia.  Assuming the governor signs—as he is widely expected to do—the Colorado Privacy Act (the “CPA”) will go into effect on July 1, 2023.

Similar to the California and Virginia laws, the CPA affords Colorado “consumers”

2021 has so far been a year of conflicting impulses in biometrics law: two proposed bills in New York and Maryland would impose substantial new requirements on private entities, but in Illinois a proposed amendment would reign in that state’s existing Biometric Information Privacy Act (BIPA).
Continue Reading  The State of Proposed Biometrics Laws