On February 25, California’s Attorney General Xavier Becerra and Senator Hannah-Beth Jackson introduced new legislation to amend the California Consumer Privacy Act (CCPA). The CCPA as currently enacted establishes a private right of action for consumers impacted by cyber security breaches. The amendment, known as SB-561, would expand the private right of action to cover any violation of […]
Privacy & Cyber Regulatory Enforcement
The FTC Decides to Uphold the CAN-SPAM Rule Without Any Changes
On February 12, 2019, the Federal Trade Commission announced that it completed its first review of the CAN-SPAM Rule, a rule governing commercial e-mail. Based on its review, the FTC announced its decision, available here, to “retain the [R]ule in its present form.” The FTC reviewed public comments and proposals in making its determination. According […]
NYDFS Cybersecurity Regulations Nearly Fully Effective
The February 15, 2019 NYDFS compliance certification deadline represents the last annual compliance certification subject to the transition period for covered entities to come into compliance with the cybersecurity regulations. NYDFS now expects covered entities to certify as to their compliance with all but one provision of the cybersecurity regulations which relates to the implementation […]
Google-Style GDPR Fines for Everyone? Bavarian DPA Conducts Website Cookie Practices Sweep, Announces Fines under Consideration
As has been widely reported, in late January the French privacy supervisor CNIL fined Google €50 million for privacy violations relating to targeted marketing using Android user data. One of the core violations the CNIL found was that Google’s Android user interface did not obtain effective, GDPR-compliant consent to targeted marketing from users. The amount […]
Illinois Supreme Court Empowers Claims Under Biometric Information Privacy Act
In an opinion issued Friday, the Illinois Supreme Court handed a potentially significant victory to plaintiffs advancing claims under Illinois’ Biometric Information Privacy Act and seeking statutory damages under that law. The Court held that plaintiffs do not need to assert injury or harm outside of a relevant violation of the statute itself in order […]