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 🡢
Saddle Up: Texas Makes Another Push to Join States With Comprehensive Consumer Privacy Laws
On March 24, 2023, Texas House Representative Giovanni Capriglione participated in a virtual interview with the Dallas chapter of the International Association of Privacy Professionals (IAPP) about his recently introduced bill, HB 4, also known as the Texas Data Privacy and Security Act (TDPSA).
Be Kind, Don’t Rewind: The VPPA’s Reemergence in Privacy Class-Action Litigation
After years out of circulation, class-action lawsuits asserting claims under the Video Protection Privacy Act are now back in reruns. More than 100 putative class actions alleging violations of the VPPA have been filed against publishers that use the Meta pixel on their websites.
CFPB Requests Information About Data Brokers for Planned Rulemaking
The Consumer Financial Protection Bureau (CFPB) announced on March 15, 2023, that it is issuing a Request for Information (RFI) about the business practi
Sector-Based Cybersecurity Requirements for Critical Infrastructure, From Our Water Systems to the Skies
Critical infrastructure companies should expect substantial new federal cybersecurity requirements based on the National Cybersecurity Strategy that President Biden announced on March 2, 2023. The Strategy includes enhanced requirements for critical infrastructure.
Utah Legislature Approves Social Media Restrictions for Minors
Utah state lawmakers are poised to change how (and when) minors who reside in Utah can use social media. Introduced in January, S.B. 152 and H.B.
Northern District of Illinois Clarifies Standards for Tower Dumps
The U.S. District Court for the Northern District of Illinois recently found that in order for cell tower warrants to be supported by probable cause and satisfy Fourth Amendment concerns, they must include protocols limiting the government's collection of information from individuals not involved in the underlying criminal activity.
FERC Establishes New Monitoring Requirements for Bulk Electric Systems
The Federal Energy Regulatory Commission has published a final rule calling for the North American Electric Reliability Corporation to develop standards for internal network cybersecurity monitoring.
FTC's Second Settlement in Weeks Highlights Scrutiny on Businesses Processing Health Data for Advertising
The Federal Trade Commission on March 2, 2023, announced a proposed complaint and proposed consent order with BetterHelp, Inc., an online counseling platform that allegedly disclosed consumer health data to third-party advertising platforms.
The Biden Administration’s National Cybersecurity Strategy: Impact on the Private Sector
The Biden Administration released its National Cybersecurity Strategy on March 1. The Strategy breaks with past precedent and emphasizes regulatory mandates and imposing liability, in addition to enhancing voluntary information sharing and development of best practices. The Strategy will particularly affect critical infrastructure and cloud service providers.
Every Scan You Make: The Illinois Supreme Court Rules BIPA Claims Accrue With Each Biometric Data Collection or Disclosure
The Illinois Supreme Court recently opened the floodgates for class actions under the Illinois Biometric Information Privacy Act and created potentially massive and catastrophic exposure for Illinois businesses. In a close 4-3 ruling, the landmark decision in Latrina Cothron v.
How AI and Automated Systems Use Can Lead to Discrimination in Hiring
Artificial Intelligence (AI) and automated systems can increase efficiency and help reduce human error.
New TSA Rail Cybersecurity Rule Shows Trend Toward Prescriptive Mandates
The Transportation Security Administration issued a new cybersecurity directive to enhance cybersecurity preparedness and resilience for designated passenger and freight railroads. The requirements focus on performance-based measures to achieve critical cybersecurity outcomes in light of the growing sophistication of evolving threats.
FTC Claims Sharing User Health Data With Advertising Platforms Is a “Security Breach”
For the first time, the Federal Trade Commission has brought an enforcement action under its 2009 Health Breach Notification Rule (HBNR).
Biden Administration Plans Mandatory Cybersecurity Regulations for Critical Infrastructure Companies
Recent comments by Anne Neuberger, President Biden's Deputy National Security Adviser for Cyber and Emerging Technology, herald an important shift in U.S. cybersecurity policy. Traditionally, the U.S.
Important Lessons from the Hive Ransomware Disruption
The recently announced disruption of the Hive ransomware network is a significant and welcome accomplishment. It cuts off bad actors from the gains they sought to extract from victims and makes their continued criminal activity more challenging.