Minnesota’s governor signed the Minnesota Consumer Data Privacy Act (MNCDPA or the Act) into law at the end of May, making Minnesota the 18th state to enact a comprehensive consumer privacy law. The MNCDPA will take effect for most covered
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FTC Expands Health Breach Notification Rule
The Federal Trade Commission (FTC) announced on April 26, 2024, that a final rule modifying its Health Breach Notification Rule (HBNR) adopted on a 3-2 vote along party lines. The final rule caps the FTC’s transformation of the HBNR into…
Maryland’s Enactment of the Age-Appropriate Design Code Act
States Begin To Regulate AI in Absence of Federal Legislation
Since the European Union seized the early global lead in regulating artificial intelligence, the U.S. Congress has made noise about the need for federal AI legislation, but progress has been slow. The absence of a similarly comprehensive federal law from…
Seventh Circuit Ruling on Insurance Coverage for Biometric Privacy Class Actions Strays From Trend Protecting Policyholders
For years, the Illinois Supreme Court and the U.S. Court of Appeals for the Seventh Circuit were in lockstep in protecting corporate policyholders from overreaching insurers looking to avoid BIPA liability. Recently, however, the Seventh Circuit strayed from that in…
Clarifying Guidance on Abundance-of-Caution Disclosures under SEC Cybersecurity Rule
As Allison Handy noted on our Public Chatter blog, Erik Gerding, the Director of the U.S. Securities and Exchange Commission (SEC) Division of Corporation Finance, issued a statement on May 21 clarifying public companies’ obligations to disclose cybersecurity incidents under…
The American Privacy Rights Act: Could This Be the One?
Sen. Maria Cantwell (D-WA) and Rep. Cathy McMorris Rodgers (R-WA) released a discussion draft of the American Privacy Rights Act on April 7, 2024. This announcement of a bipartisan, bicameral proposal for a federal comprehensive consumer privacy law was a significant—and…
CPPA Board Updates Timing for Regulations, and Enforcement Division Releases Enforcement Advisory: Focus on Data Minimization!
This year, the blossoming of spring is accompanied by a pair of noteworthy California Privacy Protection Agency (CPPA) updates. First, on March 8, the CPPA and staff convened to discuss new draft regulations related to automated decision-making technology (ADMT) and…
FTC Obtains $16.5M from Avast for Sale of Sensitive Data
One month after the February 22, 2024, announcement of enforcement actions against data brokers X-Mode and InMarket Media, the Federal Trade Commission (FTC) announced a complaint and proposed consent order requiring software security company Avast Limited and two subsidiaries,…
Kids Online Safety Act Gains Momentum in the Senate
Last month, Senators Richard Blumenthal (D-Conn.) and Marsha Blackburn (R-Tenn.) reintroduced the Kids Online Safety Act (KOSA), initially introduced last term, noting that the bill now has 62 cosponsors, bipartisan support, and is poised to pass in the Senate.
KOSA…