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And Now There are Three…. The Colorado Privacy Act
Colorado has now joined California and Virginia to become the third US state to pass a comprehensive data privacy legislation when Governor Jared Polis signed the Colorado Privacy Act (the “CPA”) into law on July 8, 2021.
White House to Business: “Take Ransomware Crime Seriously”
By Cynthia Larose
As we come out of the COVID-19 pandemic, another type of infection is threatening businesses as ransomware continues to spread. A roll call of entities have experienced major ransomware attacks just in the past few weeks.
Musical.ly’s COPPA Failure Falls Flat at the FTC; Will Pay Note-Worthy Fine
By Cynthia Larose and Elana Safner
The Federal Trade Commission (“FTC”) has handed down its largest civil penalty ever for violations of the Children’s Online Privacy Protection Act (“COPPA”). Musical.ly, now known as TikTok after a 2018 merger, agreed to a fine of $5.7 million for its violations. The settlement was significant not only because of its record amount, but also because it includes a specific agreement on how the website will operate going forward.
The California Consumer Privacy Law is Here. Get Prepared.
By Cynthia Larose and Brian Lam
This webinar provides an overview of the act including who it applies to, the types of data covered, and the new rights granted by the act such as data access, deletion, and portability.
Employers Beware: Judge Greenlights Employee’s Privacy Lawsuit Over Dropbox Access
By Cynthia Larose, Katharine Beattie, and Jennifer Budoff
Many employers maintain policies limiting their employees’ expectation of privacy in the workplace, including policies that eliminate any expectation of privacy when using company-issued electronic devices. While employers may think that having such a policy would protect them from invasion of privacy claims under the Fourth Amendment or state law, a recent federal court decision may cause employers to think otherwise. This post examines this decision and provides best practices for avoiding issues with employees’ privacy interests.
How to Leverage Privacy as a Key Competitive Advantage
By Cynthia Larose and Brian Lam
“Privacy by design” – while not a new concept – is certainly enjoying a new spot in the sunshine thanks to the European Union’s General Data Protection Regulation (“GDPR”) (93 days and counting…) and its codification of “privacy by design and default” in Article 25.
Privacy can also be a key differentiator and a competitive advantage. Read on for some points that can help drive your data privacy/data management program.
FTC Asked to Investigate Google’s Matching of “Bricks to Clicks”
By Cynthia Larose and Brian Lam
Recently, the Electronic Privacy Information Center (“EPIC”) asked the FTC to begin an investigation into a Google program called “Store Sales Management.” The purpose of Store Sales Management is to allow for the matching goods purchased in physical brick and mortar stores to the clicking of online ads, or as we refer to the practice, “Bricks to Clicks.”
The FTC’s Uber Consent Order: A Warning to Fast-Growing Companies
By Cynthia Larose and Brian Lam
Recently, Uber agreed to a proposed Federal Trade Commission (FTC) consent order (“Consent Order”) to settle charges in an FTC complaint (“Complaint”) regarding behavior stemming back to at least 2014. Acting Chairman Maureen K. Ohlhausen has stressed the implications this has for other companies:
What App Users Care About When Sharing Personal Data: Permissions
By Cynthia Larose and Jane Haviland
A Pew Research Center Report relayed useful information regarding application users’ concerns with sharing personal data. Ninety percent of app users indicated that how their personal data will be used is “very” or “somewhat” important to them, and influences their decision to download an app. Sixty percent of users decided against downloading an app when they saw how much personal information they would need to share. Android 6.0, or Marshmallow, should abate users’ concerns.
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