The Consumer Financial Protection Bureau (CFPB) recently issued a legal Advisory in early July 2022, intending to protect the privacy rights of individuals subject to background checks by third-party consumer reporting agencies (CRAs) under the federal Fair Credit Reporting Act (FCRA). The Advisory also seeks to remind users (e.g., employers) of their obligations under FCRA.
Dobbs and Privacy: President Biden’s Executive Order and OCR HIPAA Guidance
In response to the United States Supreme Court decision in Dobbs vs. Jackson Women’s Health Organization, President Joe Biden signed an Executive Order on Friday, July 8, 2022, designed to protect access to reproductive health care services. In addition to measures seeking to safeguard access to abortion and contraception, the Executive Order includes provisions
Congress Releases Draft Federal Privacy Law with Potential Traction To Pass
The federal government has been trying to reach a consensus on data privacy and thus far has failed to pass legislation. On June 3, 2022, a bipartisan draft bill, titled the American Data Privacy and Protection Act was released by the Committee on Energy and Commerce. The bill intends to provide comprehensive data privacy
CPPA Votes to Proceed with CPRA Rulemaking
At the California Privacy Protection Agency (CPPA) Board meeting on June 8, 2022, the board voted to begin the rulemaking process. The Board previously released a 66-page draft of regulations, that are intended to implement and interpret the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). While
California Privacy Protection Agency Board Takes Steps Toward First Official Rulemaking
On June 8, 2022, the California Privacy Protection Agency (CPPA) Board, will meet to discuss and take potential action regarding a draft of its proposed regulations. The June 8th public meeting includes an agenda item where the CPPA Board will consider “possible action regarding proposed regulations … including possible notice of proposed action.”
FTC Blog: “The FTC Act creates a de facto breach disclosure requirement”
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