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 […]
Privacy
FTC Seeks Comments on a New Verifiable Parental Consent Mechanism Under COPPA
On July 19, 2023, the Federal Trade Commission (the “FTC”) announced that it is seeking comment on an application for a new verifiable parental consent mechanism under the Children’s Online Privacy Protection Act (“COPPA”). The application, submitted jointly by the Entertainment Software Rating Board, Yoti, and SuperAwesome (collectively, the “Applicants”), requests the FTC to approve […]
HHS and FTC Fire a Warning Shot at Healthcare Companies Using Online Tracking Technologies
On July 20, 2023, the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”), and the Federal Trade Commission (“FTC”) published a joint letter sent to approximately 130 hospital systems and telehealth providers. The FTC/OCR letter warns that certain online tracking technologies that “may be present” on the recipients’ […]
Texas Becomes Tenth State to Enact a Comprehensive State Privacy Law
On June 18, 2023, Texas Governor Greg Abbott signed the Texas Data Privacy and Security Act (HB 4) (“TDPSA”) into law, making Texas the latest contributor to the growing patchwork of comprehensive U.S. state privacy laws. TDPSA takes effect July 1, 2024, except for provisions that enable consumers to designate authorized agents to exercise on […]
China’s Standard Contractual Clauses for Cross-Border Transfers of Personal Information
On February 24, 2023, the Cyberspace Administration of China (“CAC”) released its final version of the Standard Contract Measures for Exporting Personal Information (“Standard Contract Measures”), accompanied by a template contract outlining the standard contractual clauses (the “PIPL SCCs”). The Standard Contract Measures are effective June 1, 2023, however, organizations transferring personal information outside of […]