On November 21, 2023, the Colorado Attorney General (the “AG”) published a shortlist of potential universal opt-out mechanisms (“UOOMs”) that the AG is considering recognizing as binding under the Colorado Privacy Act (the “CPA”). Beginning on July 1, 2024, the CPA will require covered controllers to comply with Colorado consumers’ requests to opt out of […]
Privacy
California Privacy Protection Agency Releases Draft Regulations on Risk Assessments
On August 28, 2023, the California Privacy Protection Agency (the “Agency”) released two sets of draft regulations under the California Consumer Privacy Act (the “CCPA”), one for risk assessments and another for cybersecurity audits, as part of the Agency’s informal rulemaking process. We discuss the draft cybersecurity audits in California Proposes Annual Audits to Assess […]
Oregon Becomes the Fourth State to Enact a Data Broker Law
Oregon Governor Tina Kotek signed into law the Bill Relating to Registration of Business Entities that Qualify as Data Brokers (HB 2052) (the “Act”) on July 27, 2023. Effective January 1, 2024, the Act will require data brokers to annually register with the Oregon Department of Consumer and Business Services (the “Department”). The Act makes […]
FTC Launches Investigation into Creator of ChatGPT
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 […]
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 […]