Perkins on Privacy
Perkins on Privacy
Perkins on Privacy provides updates and insights on an array of privacy and data security legal issues, brought to you by Perkins Coie’s Chambers-ranked Privacy & Security practice. Subscribe 🡢
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.
FTC Obtains $16.5M from Avast for Sale of Sensitive Data
The FTC's action against Avast reflects its continued focus on the mass collection and sale of sensitive personal data for advertising purposes.
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.
The Next Wave of Privacy Litigation: The Illinois Genetic Information Privacy Act
Enacted in 1998, Illinois' Genetic Information Privacy Act (GIPA) governs the confidentiality and use of genetic testing and genetic information by employers and insurers.
FTC Proposes Rule Addressing Use of AI To Impersonate Individuals
The Federal Trade Commission issued a supplemental notice of proposed rulemaking on February 15, 2024, in which it recommended a trade regulation rule that would (1) impose liability on businesses who provide goods or services (including artificial intelligence technology) with knowledge or reason to know they will be used to engage in unlawful impersonation of individuals, government, or busin
CCPA Enforcement Surprise: Regulations Effective Immediately
On Friday, February 9, as the country collectively packed up and prepared to head home for Super Bowl weekend, the Third Appellate District of the California Appellate Court issued an Order granting the California Privacy Protection Agency the ability to immediately enforce regulations implementing the California Privacy Rights Act, which were finalized in March 2023.
FCC Declares AI-Generated Robocalls Unlawful
Artificial Intelligence-generated robocalls may trick some consumers into thinking they are being called by a human being, but the Federal Communications Commission clarified in a recent AI Declaratory Ruling that it will not be fooled.
Two New States Enter the Privacy Fray
Building off of the momentum from last year's torrent of new comprehensive state privacy laws, 2024 has begun with a bang as two more states have now entered the picture. On January 16, 2024, New Jersey became the latest state to enact comprehensive privacy legislation with the New Jersey Data Privacy Act (NJDPA).
FTC Brings First Standalone Section 5 Unfairness Claims for Unreasonable Data Retention and Inaccurate Breach Notice
On February 1, 2024, the Federal Trade Commission announced a complaint and proposed consent order against Blackbaud, Inc. concerning a 2020 data security incident that included a ransomware demand and payment.
Online Safety Risk Assessments Have Arrived: Five Steps for Building a Globally Adaptable Process
Safety risk assessments are becoming a preferred regulatory tool around the world.
California Announces Sweep on Streaming Services and More Enforcement To Come
California Attorney General Rob Bonta announced an investigatory sweep into popular streaming apps and devices, timed to coincide with Data Privacy Day on January 28.
The FTC Continues its Focus on Location and Sensitive Data
Less than 10 days after announcing its complaint and proposed settlement against location data broker X-Mode, the Federal Trade Commission (FTC) followed its recent spate of enforcement in the location and sensitive data space with the
FTC Cracks Down on Collection and Sharing of Sensitive Location Data With Proposed X-Mode Settlement
On January 9, 2024, the Federal Trade Commission (FTC) announced its complaint and proposed settlement with location data broker X-Mode Social, Inc. and its successor Outlogic, LLC (collectively X‑Mode).
FTC Signals Tough Line in First AI Discrimination Case Under Section 5
The Federal Trade Commission announced its first enforcement action alleging that discriminatory use of artificial intelligence was an unfair practice under Section 5 of the FTC Act on December 19, 2023.
FTC Proposes Changes to COPPA Rule
The Federal Trade Commission gave privacy lawyers a long-awaited Christmas gift on December 20, 2023: its notice of proposed rulemaking to amend the Children's Online Privacy Protection Act Rule.