Privacy Law and Regulation

Sixth Post in an Extended Series on Legislative Changes to BSA/AML Regulatory Regime

As we have blogged, the Anti-Money Laundering Act of 2020 (“AMLA”) contains major changes to the Bank Secrecy Act (“BSA”), coupled with other changes relating to money laundering, anti-money laundering (“AML”), counter-terrorism financing (“CTF”), and protecting the U.S. financial system against

After a pandemic-related hiatus in 2020, a number of U.S. states have proposed new data privacy laws in 2021 – and several are very close to passage.  Virginia’s proposed data privacy law appears to be the closest and is likely to be signed into law by Governor Northam in the near future.  Washington and Florida’s

On January 6, 2021, a bipartisan group of New York state lawmakers released a copy of Assembly Bill 27 (AB 27), the  New York Biometric Privacy Act.  If New York passes AB 27, it will join Illinois, Texas, and Washington as states that have adopted laws that strictly regulate the notice, collection, and handling

On December 14, 2020, the Federal Trade Commission (FTC) announced in a press release that it is issuing orders under the FTC’s authority in Section 6(b) of the FTC Act to the following nine social media and video streaming companies: Amazon.com, Inc., ByteDance Ltd. (which operates the short video service TikTok), Discord Inc., Facebook, Inc.,

On December 18, 2020, the Office of the Comptroller of the Current (OCC), Federal Reserve Board (FRB), and Federal Deposit Insurance Corporation (FDIC) announced an interagency notice of proposed rulemaking that would require supervised banking organizations to provide notification of significant computer security incidents to their primary federal regulator.  Under the proposed rule, for incidents

The California Attorney General’s Office recently released a fourth set of proposed regulatory modifications to the California Consumer Privacy Act (the “CCPA”).

As background, the Attorney General’s Office had only just recently given notice of a third set of modifications on October 12, 2020.  The third set of modifications revised the regulations relating to the

On November 4, 2020, California voters approved of the ballot initiative Proposition 24, more commonly known as the California Privacy Rights Act (the “CPRA”).  The CPRA goes into effect on January 1, 2023, and will expand several of the existing protections in the California Consumer Privacy Act (the “CCPA”).

As background, the original CCPA

Assaults on Section 230 of the Communications Decency Act (the “CDA”)—which shields online platforms from civil liability for third party content on their services—are abundant these days.  On October 15, 2020, FCC Chairman Ajit Pai announced that his agency, at the request of President Trump, will draft rules explaining when platforms’ efforts to moderate user-posted

The Regulations to the California Consumer Privacy Act (CCPA) continue to evolve, in confusing fashion. As background, the AG’s Office had previously issued proposed Regulations to the CCPA in October 2019. The AG’s Office then issued a revised set of proposed amendments to the Regulations in February 2020 and then again in March 2020. While

On September 9, 2020, Washington Senator Reuven Carlyle, D-Seattle, announced via Twitter that the third version of the draft Washington Privacy Act 2021 (“WPA”) was available for public review and comment. The recently released version of the WPA is the latest attempt by the Washington legislature to pass a comprehensive privacy bill. An earlier 2020