Health and Human Services (“HHS”) released updated guidance yesterday on the use of online tracking technologies (like cookies, pixels, software development kits (SDKs), etc.) by HIPAA Covered Entities (the “Updated Guidance”). The Updated Guidance amends and supersedes HHS’s original guidance on the use of digital tracking technologies published on December 1, 2022 (the “Prior Guidance”). […]
Enforcement
State AGs and Other Stakeholders Weigh In On Proposed COPPA Rule Update
The Federal Trade Commission (FTC) received over 270 comments to its notice of proposed rulemaking (NPRM) for the amendments to the Children’s Online Privacy Protection Rule (COPPA Rule) during the public comment period that ended on March 11, 2024. The NPRM reflects the FTC’s continued effort to modernize the COPPA Rule, which implements the Children’s […]
Colorado AG Recognizes Global Privacy Control as the First Valid Universal Opt-Out Mechanism
On December 29, 2023, the Colorado Attorney General (the “AG”) announced that the Global Privacy Control (“GPC”) will become the first universal opt-out mechanism (“UOOM”) the AG considers valid under the Colorado Privacy Act (the “CPA”). Effective July 1, 2024, controllers subject to the CPA will need to treat Colorado consumers’ privacy preferences submitted through […]
New York Continues to Focus on Companies’ Data Security Practices
New York Attorney General Letitia James recently announced two agreements related to data breaches with entities that operate in the education industry. In both instances the entities paid the ransom and received evidence of deletion of the stolen data. Most recently, on October 5, 2023 the Office of the Attorney General (OAG) announced a $49.5 […]
FTC Launches Investigation into Creator of ChatGPT
In mid-July, the Federal Trade Commission (FTC) reportedly opened an investigation into OpenAI, the maker of ChatGPT, sending the company an extensive Civil Investigative Demand (CID). While FTC investigations are normally non-public, the Washington Post published what appears to be part of the CID sent from the FTC to OpenAI. This investigation comes on the […]