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Perkins on Privacy

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Perkins on Privacy

Perkins on Privacy keeps you informed about the latest developments in privacy and data security law. Our insights are provided by Perkins Coie's Privacy & Security practice, recognized by Chambers as a leading firm in the field. 

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June 2, 2025 Content Moderation Privacy Compliance Privacy Litigation ECPA Online Safety

Can Providers Be Sued for Mistaken CSAM Reports? Maybe, Says New Ruling

Can a communications provider be held liable when it reports to the National Center for Missing and Exploited Children (NCMEC) an image the provider believes to be child sexual abuse material based on signals provided by NCMEC? 

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May 13, 2025 Privacy Compliance

Second Circuit Clarifies VPPA Scope for Pixel Tracking Cases

Last week, the Second Circuit, in Solomon v. Flipps Media, Inc., joined the Third and Ninth Circuits in holding that “personally identifiable information” (PII) under the Video Privacy Protection Act (VPPA) is limited to information that would enable an ordinary person, without specialized knowledge or tools, to identify a consumer’s video-viewing history. 

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Security
May 5, 2025 Children’s Privacy Federal Trade Commission Regulatory Enforcement

FTC (Finally) Publishes Amended COPPA Rule: Compliance Deadlines Set

On April 22, 2025, the Federal Trade Commission published in the Federal Register the amendments to the Children’s Online Privacy Protection Act (COPPA) rule it announced on January 16, 2025. View blog post
privacy shield
April 25, 2025 Regulatory Enforcement Federal Trade Commission Consumer Protection

FTC Enforcement Priorities Take Shape With Resource Cuts in Mind

Perkins Coie partner Janis Kestenbaum says the FTC is keeping the pressure on strong consumer protection enforcement despite the Trump administration’s deregulatory agenda.

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Government
April 11, 2025 Privacy Compliance State Privacy Laws CCPA Artificial Intelligence

CPPA Signals Significant Revisions Ahead

Going into the Friday, April 4, 2025, meeting, the CPPA seemed poised to move forward far-reaching privacy regulations on RAs, cybersecurity audits, and ADMT.

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Data
March 25, 2025 Regulatory Enforcement CCPA State Privacy Laws Privacy Compliance

California Privacy in 2025: Key Changes Affecting Data Brokers

As we close out the first quarter of 2025, one thing is unmistakable: California’s regulatory efforts continue to center on data brokers. 

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Security
February 7, 2025 Privacy Compliance Children’s Privacy Federal Trade Commission Regulatory Enforcement

FTC Announces New Children’s Privacy Requirements in Updated COPPA Rule

The Federal Trade Commission announced long-awaited amendments to the Children’s Online Privacy Protection Act Rule on January 16, 2025, marking the first changes to the COPPA Rule since 2013. The amendments are the output of a rule review process that began in 2019 and a notice of proposed rulemaking announced in December 2023.

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Computer Lock Security
December 11, 2024 Regulatory Enforcement Federal Trade Commission

FTC Staff Paper Finds that Most Surveyed “Smart” Products Fail to Disclose Duration of Support

On November 26, 2024, the FTC released a staff paper regarding the disclosure of the duration of the support for the software of connected consumer devices. As the FTC staff explained, if a manufacturer stops providing software updates, products may lose their “smart” functionality, become insecure, or stop working entirely. Against that backdrop, the FTC examined the software support disclosures of manufacturers of 184 connected consumer products. The FTC concluded that just under 89% of the product web pages for the studied devices did not disclose a software support period. View blog post
Security
December 4, 2024 Privacy Compliance New Administration Regulatory Enforcement Federal Trade Commission

How the FTC’s Approach to Privacy, Security, and AI Enforcement May Change

The new administration is likely to have a significant impact on the Federal Trade Commission’s (FTC’s) approach to privacy, data security, and other technology-related aspects of consumer protection, including artificial intelligence (AI). View blog post
Supreme Court
December 2, 2024 State Privacy Laws Privacy Compliance Privacy Litigation ECPA

Massachusetts Supreme Court Decision Raises Bar for Website “Wiretap” Suits

In recent months, a wave of lawsuits has swept across the nation, targeting websites for allegedly violating state wiretapping laws through their use of tracking software.

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World Cybersecurity
November 26, 2024 CCPA Privacy Compliance State Privacy Laws Artificial Intelligence Data Security

Fasten Your Seatbelts: CPPA Proposes Rules on Automated Decision-Making and Cybersecurity Audits and Finalizes Data Broker Regulations

After much anticipation, on November 8, the California Privacy Protection Agency (CPPA) Board voted to advance proposed regulations for insurance, cybersecurity audits, risk assessments, and automated decision-making technology (ADMT) to formal rulemaking. 

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November 7, 2024 Regulatory Enforcement Data Security Data Breach and Incident Response Federal Trade Commission

FTC and State Coalition Settle Data Breach Cases with Marriott

In 2018, Marriott announced a data breach affecting its Starwood reservation system, thought at the time to have affected up to 500 million people worldwide. These settlements arise from that incident, as well as two smaller incidents that also affected Starwood and Marriott. The FTC alleges these incidents exposed payment card information, unencrypted passport numbers, and loyalty account information, along with other information like names, dates of birth, and contact information. View blog post
Happy family together at home.
August 14, 2024 Data Security Regulatory Enforcement Children’s Privacy Federal Trade Commission

FTC Order Bans Anonymous Messaging App from Serving Minors

The Federal Trade Commission (FTC) and the Los Angeles County District Attorney announced a complaint and proposed stipulated order concerning the “NGL: ask me anything” anonymous messaging app. View blog post
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June 20, 2024 State Privacy Laws Privacy Compliance

A New Privacy Paradigm: Understanding Maryland’s Trailblazing Approach to Online Privacy

The end of Maryland's legislative session has ushered in one of the year's most ambitious and comprehensive consumer privacy laws. View blog post
Phone Call Communications
June 7, 2024 State Privacy Laws Privacy Compliance

Minnesota's Unique Spin on Consumer Data Privacy

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. View blog post
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