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Liisa Thomas, a partner based in the Chicago and London offices, is Leader of the firm's Privacy and Cybersecurity Practice Group.

Maryland recently passed two companion bills amending the state’s Personal Information Protection Act. The bills modify the data breach notification requirements and scope of businesses subject to the data security requirements. The key changes are summarized below, and will go into effect October 1 of this year:

Continue Reading Maryland Amends Data Security and Breach Notice Obligations

The FTC recently took two well-publicized steps in the children’s privacy space. First, it penalized WW International (formerly, Weight Watchers) and its subsidiary, Kurbo, for alleged COPPA violations. Second, it unanimously voted to adopt a new policy statement on education technology and COPPA. These actions follow its March COPPA settlement with TickTalk Tech.

Continue Reading FTC Continues Focus on Children’s Privacy

Connecticut just joined California, Colorado, Utah, and Virginia in passing a comprehensive privacy law. The Connecticut Data Privacy Act (CTDPA) goes into effect July 1, 2023, the same time as Colorado’s very similar law. Companies preparing for these new laws (Virginia goes into effect January 1, 2023 and Utah December 31, 2023) will want to keep in mind the following five things about this fifth general US state privacy law.
Continue Reading Connecticut Fifth State to Pass a Comprehensive Privacy Law

As we have written in the past, APEC’s Cross-Border Privacy Rules (CBPR) program is intended to help companies more easily transfer personal data across borders. Participating companies complete self-assessments and participate with their local countries’ “accountability agent.” There are currently seven participating economies, which include the US, Canada, Japan. Those participating economies recently announced the development of a “Global CBPR Forum.” The Forum is tasked with, inter alia, creating an international certification system, reviewing members’ privacy standards, and ensuring that the program is “interoperable with other data protection and privacy frameworks.”

Continue Reading Formation of CBPR Forum Signals Continued Movement

The Virginia privacy law going into effect January 2023 received some minor tweaks this month. In particular, provisions around deletion requests. As originally enacted, the Virginia law mirrored similar provisions in California and Europe, giving individuals the ability to ask for their information to be deleted. As amended, if information that the individual asks to be deleted was obtained “from a source other than the consumer” then the business can treat that deletion request as a request to opt out of targeted advertising, sale, and profiling. The business can also delete the information.

Continue Reading Virginia Tweaks Its Upcoming Privacy Law

The Children’s Advertising Review Unit recently settled with TickTalk Tech, LLC over its information collection practices. CARU, a self-regulatory body that reaches voluntary settlements with companies, conducts regular audits of privacy practices by companies in the child space. During one such audit, it identified concerns over TickTalk Tech’s kids smart watch, TickTalk4.

Continue Reading Smart Watch Maker Settles with CARU Over Privacy Policy and Parental Consent

Arizona recently amended its breach notice law to change the regulator notification requirements. Starting this summer, depending on the scope of the incident, the Arizona Department of Homeland Security will need to be notified. Specifically, as amended, if more than 1,000 Arizona individuals are notified of a breach, then notification must be made to the three largest consumer reporting agencies, the Arizona attorney general and the Arizona Department of Homeland Security. Previously, only the consumer reporting agencies and Arizona AG needed to be notified if that threshold was met. This notification should be made within 45 days after the determination that there has been a breach. Arizona joins New York as being one of the few states that require notification to multiple state regulatory agencies.

Continue Reading Arizona Expands Regulator Data Breach Notification Obligations

Indiana has made a minor amendment to its data breach notification law. Starting July 1, companies who are obligated to notify under the law must do so (to affected individuals and the Indiana Attorney General) without unreasonable delay, but no later than 45 days after discovery of the breach. This changes the current time frame, which is “without unreasonable delay.” Indiana joins many other states that impose a specific timing requirement, in particular no later than 45 days after determining there has been a breach. For example, Alabama, Maryland, Ohio, and Wisconsin (among several others) all require notice to individuals no later than 45 days from discovery.

Continue Reading Indiana Breach Notification Law Amended, Changes Effective July 1, 2022