California passed the California Consumer Privacy Act (CCPA) in September 2018, and the CCPA enters into force on January 1, 2020. One of the CCPA’s core elements is a right for consumers to know when a company is selling their data, and to opt-out of data sales at any time. This was the primary focus […]
Privacy & Cyber Regulatory Enforcement
FTC Announces New Cybersecurity Requirements, Privacy Rule Update
In March, the Federal Trade Commission announced proposed updates to two key privacy and security regulations, the Safeguards Rule and Privacy Rule. Both rules implement regulations under the federal Gramm Leach Bliley Act, and the FTC seeks comments for both. The FTC’s proposed update to the Safeguards Rule would impose a number of information security […]
The Supreme Court Signals Further Review of Article III Standing
The Supreme Court recently issued an opinion concerning the requirements for Article III standing for statutory violations under the Stored Communications Act (SCA). In Frank v. Gaos, the Supreme Court in a per curiam decision remanded a class action settlement because there remained a standing issue in light of Spokeo v. Robins. While the Supreme […]
Companion Cybersecurity Disclosure Bills Introduced in U.S. Congress
On February 28 and March 13, 2019, members of the U.S. Senate and U.S. House of Representatives introduced legislation designed to enhance the transparency of cybersecurity risk oversight at certain SEC reporting companies. Although the text of the House bill, H.R. 1731 is not yet publicly available, the bipartisan Senate bill, S. 592, would require […]
Washington Privacy Act Passes State Senate Laying Pathway for the Bill to Become the Second Comprehensive State Privacy Act
On March 6, the Washington state Senate voted 46-1 to approve the Washington Privacy Act (WPA or the Act), otherwise known as SB 5376. If the bill passes the House, the bill would become the second comprehensive state privacy legislation behind the California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020. The […]