Key Point: The FTC’s fine is the largest for any COPPA-related incident; however, two issues of first impression alleged in the Complaint could have a more significant impact over the long term.

We previously reported that the Federal Trade Commission (“FTC”) entered into a settlement agreement with Facebook, Inc., which included a record-breaking $5 billion fine for repeat violations of consumers’ privacy rights. The FTC recently announced that it had entered into a settlement with Google, LLC (“Google”) and its subsidiary YouTube, LLC (“YouTube”), in which those entities will pay a $170 million fine for violating the Children’s Online Privacy Protection Act (“COPPA”) Rule. The $170 million fine is the largest the FTC has issued in a COPPA case since Congress enacted the law in 1998.

September 13 was the final day for the California legislature to pass bills amending the California Consumer Privacy Act (CCPA) prior to its January 1, 2020, effective date. After months of speculation and anticipation, we finally have clarity (subject to the Governor’s approval) on the CCPA’s provisions.

Although there were changes – and both business and privacy advocates are claiming victories – the CCPA did not undergo a dramatic change. For businesses, the most notable changes are the addition of limited exemptions for the personal information of employees and business to business contacts as well as changes to the definition of personal information. On the other hand, privacy advocates will point to what did not change, namely, the CCPA retained its core privacy rights.

Below we discuss the changes.

Key Point: If signed by the Governor, the legislation will expand the types of personal information covered by the CCPA’s provision authorizing private litigants to seek statutory damages of between $100 and $750, per consumer per incident, for data breaches.

On September 6, the California legislature passed amendments to the state’s data breach notification statutes (Cal.…

Friday, September 13 is the final day for the California legislature to pass bills amending the California Consumer Privacy Act (CCPA). Join us on Monday, September 16 for a first look at what bills passed and how any amendments will impact your CCPA compliance efforts. During this webinar, we will review and discuss the fate of numerous…

Key Point:  On October 1, 2019, the amendments to Nevada’s privacy policy statute will go into effect, requiring entities subject to the statute to revise their online privacy policies and create an internal process to ensure compliance with the new opt-out right.

As we initially discussed back in May, the Nevada legislature recently amended the state’s existing online…

In 2010, Mark Zuckerberg famously stated that privacy was no longer a “social norm.”  Today, the Facebook founder is no doubt viewing social norms around privacy a bit differently, as are U.S. regulators and consumers.

On Wednesday, the Federal Trade Commission (FTC) confirmed that it agreed to a settlement with Facebook, Inc. stemming from Facebook’s alleged privacy violations in the Cambridge Analytica scandal.  In the settlement order (Order), Facebook agreed to pay a record-breaking $5 billion penalty to resolve the FTC’s claims that Facebook violated a prior FTC order by repeatedly using deceptive disclosures and settings to undermine users’ privacy preferences and allowing Facebook to share users’ personal information without prior consent with third party applications.

Key Point: The SHIELD Act increases the statutory penalties for knowing and reckless violations of the State’s data breach notification law. It also authorizes the NY Attorney General to pursue injunctive relief and monetary penalties against persons and businesses who fail to implement reasonable safeguards to protect New York residents’ private information.

On July 25, 2019, New York Governor Andrew Cuomo signed two bills related to data privacy and identity theft. In our June 24 post, we summarized the contents of the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act). The second signing was the Identity Theft Prevention and Mitigation Services bill. Highlights of the laws’ requirements and effective dates are described below.

Key Point: If signed by the Governor, the legislation will require entities doing business in New York to implement and maintain reasonable safeguards to protect the security, confidentiality and integrity of private information.

As it closed its session, the New York legislature passed the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act). The bill, which the New York Attorney General’s (“AG”) office strongly supports, is now at the governor’s office for review. New York AG Letitia James stated New York will join the “increasing number of states that require reasonable data security protections, while being careful to avoid excessive costs to small business and without imposing duplicate obligations under federal or state data security regulations.”

If Governor Cuomo signs the bill, New York will build upon its existing data breach notification law, and add a new requirement for data custodians in the private and public sectors to adopt reasonable measures to safeguard sensitive data of New York residents.

On July 11, Husch Blackwell’s privacy and data security practice group will host a webinar analyzing the Gramm-Leach-Bliley Act (GLBA) exemption in the California Consumer Privacy Act (CCPA). In this webinar, we will discuss the following topics:

  • History of the CCPA’s GLBA exemption
  • Analysis of the GLBA’s definition of nonpublic personal information and relevant definitions from implementing

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Key Point: The Illinois data breach notification statute will now require entities to notify the Illinois Attorney General if a breach affects 500 or more Illinois residents.

The Illinois General Assembly recently voted to approve an amendment to the state’s Personal Information Protection Act (“PIPA”) (815 ILCS 530/1 et seq.) with regards to companies’ and organizations’ obligations when a data breach occurs. Illinois Governor J.B. Pritzker is expected to sign the amendment into law.