In the third in our series of new CCPA regulations from California, we look at obligations for conducting risk assessments under CCPA. CCPA had called on the California agency to promulgate rules to address such assessments, and when they would be needed.Continue Reading California’s Privacy Regulator Had a Busy November, Risk Assessment Edition: What Does It Mean for Businesses?

In the second in our series of new CCPA regulations from California, we look at proposed rules for use of automated decisionmaking technology. As a reminder, CCPA discusses these technologies in relation to profiling, namely “any form of automated processing of personal information” to analyze or predict people’s work performance, health, and personal preferences, among other things.Continue Reading California’s Privacy Regulator Had a Busy November, Automated Decisionmaking Edition: What Does It Mean for Businesses?

The California Privacy Protection Agency released proposed CCPA rules for a variety of topics in November, as well as announcing an investigative sweep for compliance with the Delete Act. Topics include the following, which we cover in this week’s California-focused blog posts:Continue Reading California’s Privacy Regulator Had a Busy November: What Does It Mean for Businesses?

The FTC updated its Negative Option Rule last month and gave it a new name to emphasize the expanded scope of programs to which it applies. It will now be the “Rule Concerning Recurring Subscriptions and Other Negative Option Programs.” The updated rule, as the FTC outlines, will now be applicable to nearly all forms of negative option marketing.Continue Reading Click! FTC Updates Its Negative Option Rule

The New York Attorney General’s Office recently settled with Albany ENT & Allergy Services over claims that the healthcare provider failed to protect over 200,000 consumers’ private health information. The claims stem from two ransomware attacks in 2023. The AG argued that the company had violated New York’s data security law, resulting in the incident. As part of the settlement, Albany ENT agreed to pay $2.75 million in civil penalties and to implement additional security measures.Continue Reading New York AG Settles EnforcemENT Action with ENT

The United Kingdom and the United States released a joint statement last month outlining plans focused on children’s online privacy. As indicated in the statement, they intend to engage national institutions and other organizations to support this work. They will also be forming a joint online safety working group.Continue Reading UK and US Issue Joint Statement on Children’s Privacy

Regulations impacting children’s use of social media continues to be a space in motion the past few months. There have been developments at both the state level, as well as with the FTC. And there is no sign of slowing down. In this article we give a roundup of some recent developments worth keeping in mind.Continue Reading #StatusUpdate on Social Media, Apps, and Children’s Privacy

The dust is beginning to settle from the raft of AI-related bills Governor Newsom signed last month in California. (See for example, our post about neural data.) Most of the provisions will not go into effect for another few months. Before they do, it is worth examining the impact they will have on companies’ privacy and data security practices. Most, as we outline below, may not change fundamental practice, but instead serve as a reminder to take into account privacy and data security considerations when assessing and implementing AI tools:Continue Reading The Privacy and Data Security Impact of California’s Recent AI Bills

The New York Department of Financial Services has modified its cybersecurity requirements for regulated entities. These requirements are in addition to those included in the regulations as last updated in November of last year. The new requirements go into effect November 1, 2024. They modify several parts of the rule, including:Continue Reading Amendments to NYDFS’ Cybersecurity Regulations Take Effect November 1

The Department of Defense published the final version of its Cybersecurity Maturity Model Certification (CMMC) rule last week. This rule establishes the parameters of the program and timeline for implementation. A separate rule to finalize associated contract requirements is expected early to mid-next year. For a deep-dive into noteworthy takeaways for the Final Rule, see our analysis here. Here are some highlights:Continue Reading Countdown to Compliance: The Department of Defense Finalizes Its Cybersecurity Program Rule