On Friday, February 9, as the country collectively packed up and prepared to head home for Super Bowl weekend, the Third Appellate District of the California Appellate Court issued an Order granting the California Privacy Protection Agency the ability to immediately enforce regulations implementing the California Privacy Rights Act, which were finalized in March 2023.
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FCC Declares AI-Generated Robocalls Unlawful
Artificial Intelligence-generated robocalls may trick some consumers into thinking they are being called by a human being, but the Federal Communications Commission clarified in a recent AI Declaratory Ruling that it will not be fooled. Moving forward, all AI-generated robocalls will be treated as artificial or prerecorded voice calls for purposes of the Telephone Consumer Protection Act…
Two New States Enter the Privacy Fray
Building off of the momentum from last year’s torrent of new comprehensive state privacy laws, 2024 has begun with a bang as two more states have now entered the picture. On January 16, 2024, New Jersey became the latest state to enact comprehensive privacy legislation with the New Jersey Data Privacy Act (NJDPA). New…
FTC Brings First Standalone Section 5 Unfairness Claims for Unreasonable Data Retention and Inaccurate Breach Notice
On February 1, 2024, the Federal Trade Commission announced a complaint and proposed consent order against Blackbaud, Inc. concerning a 2020 data security incident that included a ransomware demand and payment. According to the FTC’s complaint, Blackbaud’s allegedly unfair and misleading conduct included not just deficient data security practices but also a delay in providing…
Online Safety Risk Assessments Have Arrived: Five Steps for Building a Globally Adaptable Process
Safety risk assessments are becoming a preferred regulatory tool around the world. Online safety laws in Australia, Ireland, the United Kingdom, and the United States will require a range of providers to evaluate the safety and user-generated content risks associated with their online services.While the specific assessment requirements vary across jurisdictions, the common thread is…
California Announces Sweep on Streaming Services and More Enforcement To Come
California Attorney General Rob Bonta announced an investigatory sweep into popular streaming apps and devices, timed to coincide with Data Privacy Day on January 28. The California Attorney General’s Office explained that it is sending letters to such streaming services alleging a failure to comply with the requirement to offer an easy mechanism to opt…
The FTC Continues its Focus on Location and Sensitive Data
Less than 10 days after announcing its complaint and proposed settlement against location data broker X-Mode, the Federal Trade Commission (FTC) followed its recent spate of enforcement in the location and sensitive data space with the announcement of another enforcement action and proposed settlement with InMarket Media, Inc. (InMarket). …
FTC Cracks Down on Collection and Sharing of Sensitive Location Data With Proposed X-Mode Settlement
On January 9, 2024, the Federal Trade Commission (FTC) announced its complaint and proposed settlement with location data broker X-Mode Social, Inc. and its successor Outlogic, LLC (collectively X‑Mode). Under the order, X-Mode will be prohibited from sharing or selling any “sensitive location data”—location data that identifies visits to sensitive locations such as medical facilities,…
FTC Signals Tough Line in First AI Discrimination Case Under Section 5
The Federal Trade Commission announced its first enforcement action alleging that discriminatory use of artificial intelligence was an unfair practice under Section 5 of the FTC Act on December 19, 2023. The enforcement action signals that the FTC is using and will continue to use its Section 5 unfairness authority to require reasonable safeguards on the…
FTC Proposes Changes to COPPA Rule
The Federal Trade Commission gave privacy lawyers a long-awaited Christmas gift on December 20, 2023: its notice of proposed rulemaking to amend the Children’s Online Privacy Protection Act Rule. The NPRM follows a review of the COPPA Rule initiated by the FTC four years ago and the submission of over 175,000 public comments. The FTC…