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Enforcement

More Guidance from HHS on Online Tracking Technologies but Questions Remain

March 20, 2024 By Daniel Felz, David Keating and Sara Pullen Guercio

Health and Human Services (“HHS”) released updated guidance yesterday on the use of online tracking technologies (like cookies, pixels, software development kits (SDKs), etc.) by HIPAA Covered Entities (the “Updated Guidance”). The Updated Guidance amends and supersedes HHS’s original guidance on the use of digital tracking technologies published on December 1, 2022 (the “Prior Guidance”).  […]

Filed Under: Data Breach, Data Breach Litigation, Data Security, Enforcement, ePrivacy, Health Privacy, HHS, Mobile Privacy, Online Privacy, Privacy, Privacy Litigation, Regulation

State AGs and Other Stakeholders Weigh In On Proposed COPPA Rule Update

March 14, 2024 By Karen Sanzaro and Hyun Jai Oh

The Federal Trade Commission (FTC) received over 270 comments to its notice of proposed rulemaking (NPRM) for the amendments to the Children’s Online Privacy Protection Rule (COPPA Rule) during the public comment period that ended on March 11, 2024.  The NPRM reflects the FTC’s continued effort to modernize the COPPA Rule, which implements the Children’s […]

Filed Under: Advisories, Behavioral Advertising, Children's Privacy, Data Protection, Enforcement, FTC, Online Privacy, Privacy, Regulation, Uncategorized Tagged With: Behavioral Tracking, California Privacy Protection Agency (CPPA), Children's Online Privacy Protection Act (COPPA), Data Protection, Federal Trade Commission (FTC), Privacy

Colorado AG Recognizes Global Privacy Control as the First Valid Universal Opt-Out Mechanism

January 4, 2024 By David Keating and Hyun Jai Oh

On December 29, 2023, the Colorado Attorney General (the “AG”) announced that the Global Privacy Control (“GPC”) will become the first universal opt-out mechanism (“UOOM”) the AG considers valid under the Colorado Privacy Act (the “CPA”).  Effective July 1, 2024, controllers subject to the CPA will need to treat Colorado consumers’ privacy preferences submitted through […]

Filed Under: CPA, Data Protection, Enforcement, Online Privacy, Privacy, Regulation Tagged With: Behavioral Tracking, Data Protection, Privacy, Regulatory Enforcement, Tracking, US State Law

New York Continues to Focus on Companies’ Data Security Practices

October 6, 2023 By Kim Peretti and Kristen Bartolotta

New York Attorney General Letitia James recently announced two agreements related to data breaches with entities that operate in the education industry. In both instances the entities paid the ransom and received evidence of deletion of the stolen data. Most recently, on October 5, 2023 the Office of the Attorney General (OAG) announced a $49.5 […]

Filed Under: Cybercrime, Cybersecurity, Data Breach, Data Protection, Data Security, Enforcement, Ransomware, Security Breach Tagged With: Cybersecurity, Data Breach Notification, Data Protection, New York Attorney General, Regulatory Enforcement, Settlement

FTC Launches Investigation into Creator of ChatGPT

July 25, 2023 By Kim Peretti, Kathleen Benway, Daniel Felz and Kristen Bartolotta

In mid-July, the Federal Trade Commission (FTC) reportedly opened an investigation into OpenAI, the maker of ChatGPT, sending the company an extensive Civil Investigative Demand (CID). While FTC investigations are normally non-public, the Washington Post published what appears to be part of the CID sent from the FTC to OpenAI. This investigation comes on the […]

Filed Under: Artificial Intelligence, Cybersecurity, Data Protection, Data Security, Enforcement, FTC, Privacy, Uncategorized Tagged With: Artificial Intelligence, Civil Investigative Demand, Federal Trade Commission (FTC), Privacy

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