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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. 

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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December 17, 2024 Privacy Law Recap State Privacy Laws

Privacy Law Recap 2024: State Consumer Privacy Laws

U.S. privacy law continued to expand in 2024, both geographically and substantively.  We now have 19 states with comprehensive consumer privacy laws (some of which are already in effect, while others become effective in 2025 and 2026). This recap focuses on the 10 state laws that were enacted or took effect this year, as well as the states that enacted meaningful updates.

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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
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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
Financial Services & Investments
March 18, 2024 Regulatory Enforcement Federal Trade Commission

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.

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Supreme Court Outside
February 15, 2024 State Privacy Laws Privacy Compliance

Two New States Enter the Privacy Fray

On January 16, 2024, New Jersey became the latest state to enact comprehensive privacy legislation with the New Jersey Data Privacy Act (NJDPA). View blog post
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January 26, 2024 Regulatory Enforcement Federal Trade Commission

The FTC Continues its Focus on Location and Sensitive Data

The Federal Trade Commission (FTC) followed its recent spate of enforcement in the location and sensitive data space with the announcement of another enforcement action and proposed settlement with InMarket Media, Inc. (InMarket). View blog post
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October 19, 2023 Children’s Privacy State Privacy Laws

California Law Requires Platforms To Take More Action Against Child Sexual Exploitation

California Governor Gavin Newsom recently signed AB 1394, a law that imposes new obligations on social media platforms to prevent and combat child sexual abuse and exploitation. View blog post
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August 1, 2023 Children’s Privacy Federal Trade Commission Regulatory Enforcement

COPPA: Public Comment Period Open for Proposed Verifiable Parental Consent Method

For the first time since 2015, the Federal Trade Commission (FTC) has been asked to approve a new "verifiable parental consent" (VPC) method under the Children's Online Privacy Protection (COPPA) Rule. 

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