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Articles by Bram Schumer
Bankrupt But Not Off The Hook: CPPA Takes A $46,000 Byte Out Of National Public Data
The California Privacy Protection Agency (CPPA) has launched an enforcement action against Jerico Pictures, Inc., doing business as National Public Data, a Florida-based data broker, seeking a $46,000 fine for failing to register as required under California's Delete Act. This action marks the CPPA's sixth enforcement case against a data broker, with the previous five cases resulting in settlements.
Bankrupt but Not Off the Hook: CPPA Takes a $46,000 Byte Out of National Public Data
The California Privacy Protection Agency (CPPA) has launched an enforcement action against Jerico Pictures, Inc., doing business as National Public Data, a Florida-based data broker, seeking a $46,000 fine for failing to register as required under California’s Delete Act. This action marks the CPPA’s sixth enforcement case against a data broker, with the previous five cases resulting in settlements.
FTC Brings Enforcement Action Against GoDaddy For Cybersecurity Failures
FK Frankfurt Kurnit Klein & Selz More Frankfurt Kurnit provides high quality legal services to clients in many industries and disciplines worldwide. With leading practices in entertainment, advertising, IP, technology, litigation, corporate, estate planning, charitable organizations, professional responsibility and other areas — Frankfurt Kurnit helps clients face challenging legal issues and meet their goals with efficient solutions.
DOT Launches First Comprehensive Review Of Airlines' Privacy Policies
On March 21, 2024, U.S. Transportation Secretary Pete Buttigieg announced a pioneering privacy review focusing on the nation's top ten airlines. This initiative, led by the Department of Transportation (DOT), aims to scrutinize how airlines manage and utilize passengers' personal data.
FTC Levies $16.5 Million Fine On Avast For Privacy Misconduct, Demands Comprehensive Overhaul
With an unprecedented multi-million dollar fine that underscores the importance of digital privacy, the Federal Trade Commission (FTC) has taken decisive action against Avast, a leading antivirus software provider. This action comes after allegations surfaced that Avast, contrary to its promises of enhancing consumer privacy, was involved in the collection and sale of user browsing data through its subsidiary, Jumpshot.
California Appellate Court Allows Immediate Enforcement Of CPRA Regulations - Trials & Appeals & Compensation - United States
On February 9, the California Third District Court of Appeals issued a decision reversing the Sacramento Superior Court's ruling from June 30, 2023 to stay enforcement of the CPRA Regs until March 29, 2024 (which we blogged about here). The Court of Appeals found that CPRA does not require a one-year gap between approval and enforcement, and that the Superior Court erred in staying enforcement until one year after the CPRA Regs were finalized.
California Appellate Court Allows Immediate Enforcement of CPRA Regulations
On February 9, the California Third District Court of Appeals issued a decision reversing the Sacramento Superior Court’s ruling from June 30, 2023 to stay enforcement of the CPRA Regs until March 29, 2024 (which we blogged about here). The Court of Appeals found that CPRA does not require a one-year gap between approval and enforcement, and that the Superior Court erred in staying enforcement until one year after the CPRA Regs were finalized.
The FTC's Action Against X-Mode/Outlogic: A Wake-Up Call For Location Data Brokers - Data Protection - United States
In a landmark decision, the Federal Trade Commission (FTC) recently reached a proposed settlement in its action against X-Mode Social and its successor, Outlogic, for their practices related to the collection and sale of sensitive geolocation data.
New Jersey Legislature Passes Comprehensive Data Privacy Bill
On January 8, 2024, New Jersey's legislature passed a comprehensive privacy bill, Senate Bill 332, on the final day of the 2023 session. If it is signed by Governor Phil Murphy, it will be the thirteenth state to enact a comprehensive data privacy law.
New Jersey Legislature Passes Comprehensive Data Privacy Bill
On January 8, 2024, New Jersey’s legislature passed a comprehensive privacy bill, Senate Bill 332, on the final day of the 2023 session. If it is signed by Governor Phil Murphy, it will be the thirteenth state to enact a comprehensive data privacy law.
Takeaways from CPPA Board Meeting on December 8
Earlier today the California Privacy Protection Agency (CPPA) held a public board meeting, where it discussed the draft regulations concerning cybersecurity audits, risk assessments, automated decisionmaking technology (ADMT), and more. The meeting was incredibly substantive, and lasted nearly the entire day. Below are the top takeaways to start your weekend: Cybersecurity Audit Regs Advance.
FTC, OCR, And HHS Issue Warning Letter Concerning Use Of Online Tracking Technologies
On July 20, 2023, the Federal Trade Commission ("FTC"), The U.S. Department of Health and Human Services ("HHS"), and The Office for Civil Rights ("OCR") issued a joint letter to 130 hospital systems and telehealth providers cautioning them about "serious privacy and security risks" associated with the use of online tracking technologies that may be integrated into their websites or mobile apps.
FTC, OCR, and HHS Issue Warning Letter Concerning Use of Online Tracking Technologies
On July 20, 2023, the Federal Trade Commission (“FTC”), The U.S. Department of Health and Human Services (“HHS”), and The Office for Civil Rights (“OCR”) issued a joint letter to 130 hospital systems and telehealth providers cautioning them about “serious privacy and security risks” associated with the use of online tracking technologies that may be integrated into their websites or mobile apps.
Colorado AG Initiates Enforcement Of Colorado Privacy Act, With Focus On Sensitive Data And Opt-Outs Of Targeted Ads
On July 12, 2023, Colorado Attorney General Phil Weiser announced, through letters sent to Colorado businesses, that his office would begin enforcing the Colorado Privacy Act ("CPA"). Enacted in 2021, the CPA became enforceable on July 1, 2023, signaling that Colorado regulators are wasting no time commencing enforcement efforts.
Nevada’s New Consumer Health Data Privacy Bill Passes in Final Days of 2023 Session
On June 22, Nevada Governor Joe Lombardo signed SB 370 (“SB 370” or the “Act”), a privacy law concerning consumer health data that closely resembles Washington State’s "My Health, My Data" (“MHMD”) Act. The Nevada law will go into effect on March 31, 2024, and while the bills are very similar, there are some key distinctions worth noting and some important takeaways that businesses should keep in mind heading into 2024.
Texas Legislature Becomes The Tenth State To Pass A Consumer Data Privacy Bill
On May 28, 2023, Texas passed the Texas Data Privacy and Security Act ("TDPSA"), making it the tenth U.S. State to pass a consumer data privacy bill that governs the collection, use, and transfer of consumer data and the second largest state to do so. Once Governor Abbott signs TDPSA, it will take effect on July 1, 2024. The bill builds on the trend of states enacting consumer data privacy laws in 2023.
Texas Legislature Becomes the Tenth State to Pass A Consumer Data Privacy Bill
On May 28, 2023, Texas passed the Texas Data Privacy and Security Act (“TDPSA”), making it the tenth U.S. State to pass a consumer data privacy bill that governs the collection, use, and transfer of consumer data and the second largest state to do so. Once Governor Abbott signs TDPSA, it will take effect on July 1, 2024. The bill builds on the trend of states enacting consumer data privacy laws in 2023.
Washington "My Health My Data" Act Dramatically Alters Health Data Compliance Landscape
Washington State’s My Health My Data Act (“the Act”) introduces a sweeping set of obligations for nearly all entities that do business in the state and that handle “consumer health data,” a broad new class of health-related data separate from that regulated by the federal Health Insurance Portability and Accountability Act (“HIPAA”). The Act, which is awaiting Governor Jay Inslee’s signature, was introduced partly in response to the United States Supreme Court case, Dobbs v.
If You Engage in False Advertising, Will the FTC Require You to Notify Your Customers? (via Passle)
Earlier this week, the Federal Trade Commission announced that it reached a settlement with motocross and ATV parts make Cycra and its owner, resolving allegations that the company made false claims that its products were made in the United States. In the FTC's announcement of the action, Samuel Levine, the Director of the FTC's Bureau of Consumer Protection, said, "False 'Made in USA' claims hurt consumers and honest businesses.
FTC Reaches $1.5M Settlement With GoodRx for Allegedly Improperly Sharing Health Information With Advertisers Original
GoodRx, a popular drug discount website and application used by millions of Americans, entered into a $1.5 million settlement with the Federal Trade Commission for allegedly unfairly and deceptively sharing users’ personal health information with advertisers, including Facebook and Google.
Google Settles Location-Tracking Probe For Record-Breaking $391.5 Million
Google has agreed to pay a historic settlement of $391.5 million to end a privacy investigation brought by 40 state attorneys general regarding the search giant's allegedly misleading location-tracking features.
Connecticut Becomes Latest State To Pass Comprehensive Data Privacy Law
On May 10, 2022, Connecticut Governor Ned Lamont signed into law an Act Concerning Personal Data Privacy and Online Monitoring ("Connecticut Data Privacy Act", "CTDPA" or the "Act"). Like the California Privacy Rights Act, Colorado Privacy Act, Utah Consumer Privacy Act, and Virginia Consumer Data Protection Act, the Act provides the state's residents with a familiar slate of comprehensive privacy protections and grants them new rights regarding their personal data.
Mitigation of Cybersecurity Risks in Medical Device Software: FDA Discussion & Insights for OEMs, Remanufacturers, and Servicers | JD Supra
I. OVERVIEW The U.S. Food & Drug Administration (“FDA”) has increased its focus on mitigating cybersecurity risks in medical device software. On June 24, 2021, the FDA issued two documents that are important not only for entities that service or remanufacture medical devices (“servicers” and “remanufacturers,” respectively), but also original equipment manufacturers (“OEMs”) of such devices. Draft guidance that distinguishes between “remanufacturing” and “servicing” a medical device.
NYC Enacts Biometric Data Disclosure Rules and Restrictions | JD Supra
Millions of vaccinated Americans — now maskless — surely can’t wait to rekindle their love affair with their iPhone’s facial recognition technology. Meanwhile, these same people are probably less eager for the bars, restaurants, and theaters they visit to collect that same facial data and other biometric information without their knowledge and sell it to third parties.
What Happens in the British Virgin Islands, Stays in the British Virgin Islands | JD Supra
On 13 April 2021, the British Virgin Islands (“BVI” or “Virgin Islands”) became the latest jurisdiction to enact a comprehensive information privacy law when the territory published the Data Protection Act, 2021 (the “DPA 2021” or the “Act”) in its Official Gazette. Despite being a territory of the United Kingdom, the Virgin Islands was not bound by Europe’s General Data Protection Regulation (“GDPR”).
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