Key point: With a new governor taking office in New Jersey later this month, the fate of rules proposed last year to implement the New Jersey Data Privacy Act (NJDPA) will be decided by the incoming administration.
Key Takeaways From California, Connecticut, and New York’s $5.1M Settlement With Education Technology Company
Background
On November 6, California Attorney General (AG) Rob Bonta, Connecticut AG William Tong, and New York AG Letitia James announced a $5.1 million settlement with Illuminate Education, Inc. (Illuminate), an educational technology company that offers K-12 software solutions that enable schools and school districts to track student attendance and grades, and monitor academic progress, behavior, and mental health.
California Privacy Protection Agency Announces Multistate Sweep Targeting GPC Compliance
Key point: The investigative sweep is part of a growing multistate approach to privacy enforcement actions.
On September 9, the California Privacy Protection Agency (CPPA) announced that it has initiated a joint regulatory sweep in collaboration with attorneys general (AG) from California, Colorado, and Connecticut. The sweep will target businesses’ compliance with legal requirements associated with recognition of opt-out preference signals (OOPS) and universal opt-out mechanisms (UOOMs) that consumers can use to exercise their right to opt out of online tracking technologies (i.e., targeted advertising, sales, or sharing).
Streaming Under Scrutiny: Roku’s Response to Michigan AG’s Allegations of COPPA and Other Privacy Law Violations
On April 29, Michigan Attorney General (AG) Dana Nessel filed a lawsuit against Roku, Inc. (Roku), the smart TV and device provider and streaming service, alleging Roku violated the Children’s Online Privacy Protection Act (COPPA), federal and state privacy laws, the Michigan Consumer Protection Act, and other laws by collecting children’s personal data and selling it without proper parental consent. The lawsuit sought damages and equitable relief on behalf of Michigan consumers who subscribed to Roku’s streaming service. More information regarding this lawsuit can be found here.
Navigating the Privacy Landscape: Insights from Troutman Pepper’s 2023 Privacy Year in Review
In an era where privacy, security, and artificial intelligence are at the forefront of many business operations, staying informed about the latest developments is crucial. Our 2023 Privacy Year in Review is an in-depth analysis of the past year’s significant advancements and challenges in these areas.
Second Circuit Clarifies Article III Standing Threshold for Data Breach Class Actions
The Second Circuit recently issued a decision in McMorris v. Carlos Lopez & Associates, LLC, No. 19-4310, 2021 U.S. App. LEXIS 12328 (2nd Cir. Apr. 26, 2021), which clarifies the circumstances under which plaintiffs alleging an increased risk of future identity theft or fraud due to the exposure of their personal data can establish Article III standing. Notable for being the first Second Circuit decision to address privacy-related standing questions that had arguably created a circuit split, the court endorsed a three-factor framework that would reject a finding of Article III standing absent sufficient evidence of “increased risk” of future fraud or identity theft, but which left open the possibility that standing could still be established where plaintiffs allege a sufficient likelihood of misuse of their personal data.
DFS Releases its Cyber Insurance Risk Framework
On February 4, the New York Department of Financial Services (DFS) released the Cyber Insurance Risk Framework (Framework), which is considered the first guidance by a U.S. regulator on cyber insurance. The Framework is aimed at property and casualty insurers that provide cyber insurance, as well as other insurers that do not write specific cyber
More Privacy Please
Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to offer More Privacy Please, a monthly newsletter recapping significant industry and legal developments, as well as trends