California’s governor has signed an amendment to CCPA, the state’s well-known privacy law. While California was the first to pass a “comprehensive” privacy law, it is the second -with this new amendment- to include “neural data” to the definition of sensitive personal information. It follows Colorado, which added this information to its law earlier this year. Unlike Colorado, the modification will not go into effect until January 1, 2025. (Colorado’s amendment, on the other hand, became effective at the beginning of August.)Continue Reading California Joins Colorado in the Brain Wave Action

Those tracking CIPA litigation are familiar with the recent decision holding in favor of a company whose site had an online chat operated by a vendor. The court in that case held (1) that the company had not violated the California Invasion of Privacy Act (CIPA), and (2) that its chat was not unauthorized “wiretapping.” This ruling came as welcome news to companies who offer online chat features, especially those who face—or fear—similar lawsuits.Continue Reading Promising Decision in Wiretapping Case, Win for Businesses

California has been active in the kids space. First, the Ninth Circuit’s recently ruled on the California’s Age-Appropriate Design Code Act. Second, the governor has just signed a new law aimed at social media sites.Continue Reading California: Age-Appropriate Design Code Act Partially Blocked, New Social Media Law Signed

Malaysia is in the process of updating its Personal Data Protection Act to align more closely with laws in other jurisdictions. The law was originally passed in 2010 and then modified this year. As part of the modification process, the country’s Personal Data Protection Department (PDPD) sought input at the end of the summer on different areas of the newly revised law. Included in the request for input was the breach notification process, DPOs, and data portability. The time frame for input ended at the beginning of this month, and we thus expect to see more direction on these points in the near future.Continue Reading Malaysia In Process of Updating Its Privacy Law

2024 seems like it is flying by. For those keeping track of US state “comprehensive” privacy laws you know that October 1 – a week away – brings the effective date of the Montana privacy law. The “big sky” state will join Texas, Oregon and Florida as the fourth effective privacy law of 2024. This brings to total to nine state privacy laws in effect (with California, Colorado, Connecticut, Utah, and Virginia). Check out our tracker for the status of the remaining -signed- state laws, along with a comparison between their key provisions.Continue Reading October 1st Reminder – Big Sky Privacy Law Goes into Effect

Pennsylvania AG Michelle Henry announced yesterday the launch of an online portal for businesses to report data breaches to the AG’s office. The portal launch comes before Pennsylvania’s new breach amendments take effect on September 26, 2024. One of the amendments will require businesses to report to the AG Office any breach that impacts more than 500 Pennsylvania residents. Businesses can provide notice to the AG using the new online portal. The law also includes specific reporting content; this content is built into the online portal. The AG’s website provides step-by-step instructions for submission.Continue Reading New Data Breach Notification Obligations for PA – and a New Reporting Portal

Verkada, a manufacturer and retailer of security cameras, has settled FTC accusations of lax security measures. The company sells its products to businesses, including schools and medical facilities. It markets its products as “plug and play:” the cameras connect to the cloud and allow customers’ remote access into both live and archived video footage. Among other features, the cameras have a “people analytics” tool that lets users “search images through facial recognition or face-matching technology.” A review of the settlement raises many reminders for companies about (1) security claims in privacy policies and marketing, (2) remediation concerns following a breach, (3) adherence to the Privacy Shield, and (4) a reminder about related (and often overlooked) laws like CAN-SPAM.Continue Reading Camera Company Will Pay $2.95 Million to Settle Security Claims

The New York Attorney General’s office and the UK Information Commissioner’s Office were busy last month when it came to children’s privacy. Both sought input from the public about regulating children’s online privacy, including on social media.Continue Reading Regulators On Both Sides of the Pond Seek Input on Children’s Privacy

The privacy space continues to evolve with the announcement of the new Data Privacy Unit within New Hampshire’s Consumer Protection and Antitrust Bureau. This new unit will enforce New Hampshire’s Data Privacy Act, which takes effect January 1, 2025. Enforcement includes seeking civil penalties against businesses that fail to comply with consumer rights requests. The AG’s office is currently accepting applications for the new unit.Continue Reading New Hampshire AG Announces New Data Privacy Unit

The SEC recently issued an order and settlement against a company from a pair of cyberattacks in which millions of dollars of client funds were stolen. While the company was able to recover a portion of the funds and ultimately reimbursed clients for the money lost, the SEC still fined the company $850,000 for failure to provide the necessary safeguards to protect its clients’ funds.Continue Reading SEC Continues its Cybersecurity Focus, Settles with Company over Lax Security Measures