On January 16, 2025, the Federal Trade Commission (FTC) voted 5-0 to approve the finalized amendments to the Children’s Online Privacy Protection Rule (COPPA Rule) that would offer additional privacy safeguards for children under the age of thirteen. The amened COPPA Rule will require operators to obtain separate verifiable parental consent before disclosing personal information […]
Privacy
Top Ten Takeaways from California AG’s Healthcare AI Advisory
On January 13, 2025, California Attorney General (“AG”) Rob Bonta issued an advisory describing providers’ and businesses’ obligations related to the development, sale, and use of artificial intelligence (“AI”) and automated decision systems (“ADS”) in the healthcare industry (“Advisory”). The Advisory puts healthcare providers, insurers, and businesses serving the healthcare industry on notice of the […]
New York Amends Data Breach Notification Law with Immediate Implications
In late December 2024, the New York Governor signed two bills (S2659B and S2376B) amending the state’s data breach notification law (N.Y. Gen. Bus. Law § 899-aa), to expand the definition of reportable personal information and impose new covered entity reporting obligations in the event of a data breach. Effective immediately, companies will have 30 […]
Massachusetts Top Court Torpedoes Website Analytics Wiretapping Class Action
On October 24, 2024, in a long-awaited decision in Vita v. New England Baptist Hospital, Massachusetts’ highest court snuffed out an attempt to use the state’s 1968 Wiretap Act to impose liability on a hospital system for its use of third-party analytics technologies on its website. The case had been closely watched by the business […]
EDPB Adopts Opinion on the Use of Processors and Sub-processors
On October 7, 2024, the European Data Protection Board (“EDPB”) adopted an opinion on obligations following from the use of processors and sub-processors (the “Opinion”). The EDPB is the body that seeks to ensure harmonised application of the EU GDPR across the European Economic Area (“EEA”) and is comprised of the heads of the data […]