With its private right of action and expansive scope – extending far beyond Washington state’s borders and applying to a wide swath of health- and non-health-oriented companies alike – Washington’s My Health My Data Act is poised to be more ground-shifting than any other consumer privacy law that came before it. Join Kyle Fath, Bola Shonowo and Gicel Tomimbang for a discussion of:
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China Generative AI New Provisional Measures | Privacy World
Red Hot Enforcement Summer: No Vacation for California and Colorado Privacy
In 2020, when the California Consumer Privacy Act (CCPA) came into effect, the privacy landscape in the US changed forever. Fast forward three years, we now have close to a dozen states that have passed consumer privacy laws, with the second generation of consumer privacy laws giving particular attention to sensitive data. In particular, there is an emerging trend, in both new legislation and enforcement of existing privacy and consumer protection regimes, towards a focus on the collection, use, and sharing or selling of health-related personal information, specifically information that is outside the scope of the federal Health Insurance Portability and Accountability Act (HIPAA).[1] The effect is a restriction on what publishers, advertisers, and other commercial enterprises can do with consumer health information, often broadly defined to include any past, present or future health status or inference regardless of sensitivity (e.g., acne or a headache). These developments include:
Continue Reading Health (and Health-ish) Data and Advertising Under Scrutiny
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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
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CPW’s Shea Leitch and Kyle Dull to Speak at ACC South Florida’s 12th Annual CLE Conference
By now, most CPW readers are very familiar with the term “BIPA”—the acronym used for Illinois’s game-changing biometric privacy law, which has led to a barrage of class action litigation pursued against companies that use biometric data in their commercial operations. BIPA is not, however, the only biometric privacy law on the books that presents
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.
Special thanks to our Summer Associate, Nyet Abraha, for her work on this blog.
Carnival Cruise Line, one of the largest international cruise lines, has agreed to pay $6 million to resolve claims brought by state attorneys general in response to a 2019 data breach. In March 2020, Carnival reported a data breach that compromised
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Online Safety in Digital Markets Needs a Joined Up Approach with Competition Law in the UK