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This year has widened the landscape of consumer privacy protections, with dozens of comprehensive privacy bills moving through state legislatures and becoming enacted. So far in 2023, Iowa’s Act Relating to Consumer Data Protection (“Iowa Privacy Law”) and Indiana’s Consumer Data Protection Act (“ICDPA”) were signed into law. These two laws join the Virginia Consumer Data Protection Act (“VCDPA”), California Privacy Rights Act (“CPRA”), Colorado Privacy Rights Act (“CPA”), Connecticut’s Public Act No. 22-15 (“CTPA”), and Utah Consumer Privacy Act (“UCPA”) in the state comprehensive consumer privacy law framework. The Iowa Privacy Law becomes effective on January 1, 2025, and the ICDPA becomes effective on July 1, 2026. The VCDPA and CPRA (amending the California Consumer Privacy Act or “CCPA”) went into effect on January 1, 2023, while the CPA and CTPA go into effect on July 1, 2023. The UCPA will go into effect December 31, 2023. …
Continue Reading Data Protection Impact Assessments: Are You Ready?

This article was originally published on Privacy World on May 4, 2023 and was updated on May 16, 2023.

The Tennessee Information Protection Act (“TIPA”), signed into law on May 11, 2023, is a hodgepodge of the current U.S. state consumer privacy laws, but with a notable twist.

What’s the Same

Like the other state…

2022 saw cases continue to be filed under the California Consumer Privacy Act (“CCPA”), although perhaps reflecting the increasing reliance of the plaintiffs’ bar on negligence and tort-based privacy claims concerning a defendant’s alleged failure to maintain “reasonable security,” the number of cases of CCPA based claims declined. Read on for Privacy World’s highlights of…

Amendments to the California Consumer Privacy Act (“CCPA”) went into effect on January 1 of this year, as did Virginia’s new privacy law. Virginia’s law is immediately enforceable. While the California amendments are not enforceable until July 1, 2023, on December 31, 2022 the opportunity cure violations before civil penalties could be assessed sunset (at…

After several days of deliberating, a jury today convicted Uber Technologies Inc.’s (“Uber’s”) former chief security officer (the “Former CSO”) of criminal obstruction and concealing the theft of personal data of fifty million Uber customers and seven million Uber drivers from the Federal Trade Commission (“FTC”).

Recall that back in 2016, two hackers stole data…

Kyle Fath, partner in the firm’s Data Privacy, Cybersecurity & Digital Assets group and Los Angeles Office, was appointed this month to serve on the Connecticut Data Privacy Act (CTDPA) working group by the joint standing committee of the Connecticut General Assembly.
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Continue Reading Kyle Fath appointed to Connecticut Privacy Legislation Working Group

We head into the fourth quarter on the heels of the first public California Consumer Privacy Act (CCPA) civil penalty, while also looking ahead to the new state privacy laws in Virginia, Colorado, Connecticut, and Utah and the significant updates that the California Privacy Rights Act (CPRA) will bring to the CCPA. Considering that regulations…

On August 24, 2022, California Attorney General Rob Bonta issued a press release announcing the first public settlement by the Office of the Attorney General (OAG) involving alleged violations of the CCPA. The settlement involves a judicial judgment, civil penalties and ongoing monitoring and reporting. The use of noncompliance letters to cajole companies into compliance over many months now appears to be a closed chapter in the CCPA saga. Season 2 promises more drama, more action and more money. Entertaining unless you are the next target!
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Continue Reading The Cookie Crumbles – Lessons from First California Consumer Privacy Act (CCPA) Monetary Settlement

On August 1, the New York State Department of Financial Services (“NYDFS” or “DFS”) announced a Consent Order  and $30 million fine against Robinhood Crypto, LLC (“RHC”), the wholly-owned cryptocurrency trading unit of the popular investing app by Robinhood Financial LLC. In the Order, NYDFS alleges RHC failed to comply with NYDFS rules pertaining to…

In a record-setting proposed settlement filed last week, T-Mobile has agreed to pay $350 million and boost its data security by $150 million over the next two years to resolve multidistrict litigation brought by T-Mobile customers whose data was allegedly exposed in a 2021 data breach.  Read on for the terms of the settlement, which may serve as a model in other high stakes data security cases going forward.

Recall that in August 2021, T-Mobile disclosed that it had been the victim of a cyberattack that resulted in the compromise of some current, former and prospective customers’ SSN, name, address, date of birth and driver’s license/ID information the “Data Event”).  By T-Mobile’s account, no “customer financial information, credit card information, debit or other payment information” was exposed in the attack.  Nevertheless, over 40 putative class action claims were filed seeking damages for the improper disclosure of Plaintiffs’ personal information.  In December 2021, the Judicial Panel on Multidistrict Litigation transferred and centralized the putative class actions into the MDL standing before the Western District of Missouri.…

Continue Reading T-Mobile Agrees in MDL to Record Setting $350 Million Data Breach Settlement to Resolve CCPA and Other Privacy Claims