On May 20, 2022, the Federal Trade Commission’s Team CTO and the Division of Privacy and Identity Protection published a blog post entitled, “Security Beyond Prevention: The Importance of Effective Breach Disclosures.” In the post, the FTC takes the position that in some cases there may be a de facto data breach notification
Connecticut Likely to Become Fifth State to Enact Comprehensive Consumer Privacy Law
When the California Consumer Privacy Act of 2018 (CCPA) became law, it was only a matter of time before other states adopted their own statutes intending to enhance privacy rights and consumer protection for their residents. After overwhelming support in the state legislature, Connecticut is about to become the fifth state with a comprehensive privacy
Utah Becomes Fourth State to Enact A Comprehensive Privacy Law
Just as businesses are preparing to ensure compliance with similar laws in California, Colorado, and Virginia, they soon will need to consider a fourth jurisdiction, Utah. On March 24, 2022, Governor Spencer Cox signed a measure enacting the Utah Consumer Privacy Act (UCPA). The UCPA is set to take effect December 31, 2023. Note,
FTC Settles Privacy and Security Allegations with Online Merchant for $500K and Agreement to Extensive Compliance Program
The FTC recently settled its enforcement action involving data privacy and security allegations against an online seller of customized merchandise. In addition to agreeing to pay $500,000, the online merchant consented to multiyear compliance, recordkeeping, and FTC reporting requirements. The essence of the FTC’s seven count Complaint is that the merchant failed to properly disclose
Not-For-Profits, Charities Might Attract More Donors with Improved Website Content, Attention to Privacy
According to Giving USA, charitable contributions in 2020 exceeded $470 billion, 70 percent of which came from individuals. Individuals deciding to donate to a particular organization may be considering factors beyond the organization’s particular mission, however compelling it may be. Misleading GoFundMe campaigns, FTC crackdowns on deceptive charities, and poorly run organizations are
Trade Associations Weigh In on Claim Accrual Under Illinois Biometric Information Privacy Act
Co-authors: Nadine C. Abrams and Richard Mrizek
In a ruling that may have significant impact on the constant influx of biometric privacy suits under the Biometric Information Privacy Act (BIPA) in Illinois, the Illinois Supreme Court will soon weigh in on whether claims under Sections 15(b) and (d) of the BIPA, 740 ILCS 14/1, et
Massachusetts Legislature Evaluates Its Own Comprehensive Consumer Privacy Law
The Massachusetts Information Privacy and Security Act (MIPSA) continues to advance through the state legislative process, and is now before the full legislature. While the Act has several hurdles to clear before becoming law, its notable for two reasons. First, the comprehensive nature of the MIPSA exemplifies the direction state data protection laws are heading
Massachusetts Privacy Bill Provides WISP Reminder, Safe Harbor for Punitive Damages
When Massachusetts issued its data security regulations in 2009 (Regulations), it led the way for states on data security. The Regulations became effective 12 years ago, almost to the day, March 1, 2010. The Bay State is now contemplating comprehensive privacy legislation, the Massachusetts Information Privacy and Security Act (MIPSA), similar to what has been
Jump in Facial and Voice Recognition Raises Privacy, Cybersecurity, Civil Liberty Concerns
Facial recognition, voiceprint, and other biometric-related technology are booming, and they continue to infiltrate different facets of everyday life. The technology brings countless potential benefits, as well as significant data privacy and cybersecurity risks.
Whether it is facial recognition technology being used with COVID-19 screening tools and in law enforcement, continued use of fingerprint-based time
Top 10 for 2022 – Happy Data Privacy Day!
In honor of Data Privacy Day, we provide the following “Top 10 for 2022.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2022.
- State Consumer Privacy Law Developments
On January 1, 2020, the CCPA ushered into the U.S. a range of new rights for