The Dutch Data Protection Authority (the “Dutch DPA”) issued a €4.75 million (approximately $5 million USD) fine on Netflix in connection with a data access investigation that started in 2019. The investigation arose out of a complaint was filed by nonprofit privacy and digital rights organization, noyb, which is run by European privacy campaigner
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CFPB Proposes Broad New Data Broker Rule That Would Greatly Expand the FCRA
On December 3, 2024, the Consumer Financial Protection Bureau (CFPB) published its long anticipated proposed rule aimed at regulating data brokers under the Fair Credit Reporting Act (FCRA). Although the CFPB’s future is uncertain under the upcoming administration, if implemented, the rule would significantly expand the reach of the FCRA.
In the accompanying press release
Colorado Department of Law Adopts Amendments to Colorado Privacy Act Rules
On December 5, 2024, the Colorado Department of Law adopted amended rules to the Colorado Privacy Act (CPA).
The DOL had released the first set of the proposed amended rules—which relate to the interpretative guidance and opinion letter process, biometric identifier consent, and additional requirements for the personal data of minors—on September 13, 2024. The
Michigan Legislature Introduces Reproductive Health Privacy Bill
On November 7, 2024, Michigan lawmakers in the Senate introduced the Reproductive Data Privacy Act (“RDPA”), also known as Senate Bill 1082 (SB 1082). The bill aims to strengthen privacy protections for sensitive reproductive health data, including information on menstrual cycles, fertility, and contraception.
The RDPA is largely modeled after Washington’s My Health, My Data
CPPA Announces Settlements with Data Brokers for Failure to Register Under the Delete Act
On November 14, 2024, the California Privacy Protection Agency (“CPPA”), which is tasked with enforcing the California Consumer Privacy Act (the “CCPA”), announced it settled with two data brokers, Growbots, Inc. and UpLead LLC, for failing to register and pay required fees under Senate Bill 362, also known as the Delete Act. The companies will
CFPB Finalizes Open Banking Rule
On October 22, 2024, the Consumer Financial Protection Bureau (“CFPB”) issued its final rule implementing Section 1033 of the Dodd-Frank Act (the “Final Rule” or the “Open Banking Rule”), granting consumers greater access rights to the data their financial institutions hold. Although there are some differences, the Final Rule largely tracks the Proposed Rule announced
Court Denies Class Certification in VPPA Case
In a recent decision from the Southern District of Florida, U.S. District Judge Robert N. Scola, Jr. denied class certification of a proposed class of paid Univision NOW subscribers who assert that Univision NOW’s use of the Meta Pixel violates the Video Privacy Protection Act (VPPA). The three proposed class representatives allege D2C, LLC, doing
The FTC Announces New Enforcement Actions Against Certain Businesses for Engaging in “Deceptive AI” Practices
As part of a new enforcement initiative called “Operation AI Comply,” the FTC recently announced that it has brought the following five enforcement actions against businesses that use or sell AI tools in a manner that the FTC has alleged is deceptive and unfair:
BIPA Amendment Enacted
On August 5, 2024, Illinois Governor J.B. Pritzker signed into law SB 2979, significantly amending the state’s Biometric Information Privacy Act (BIPA). This update represents a considerable decrease in the potential for exorbitant financial liabilities for businesses that engage with biometric data while still maintaining the statute’s robust protections for individuals’ biometric data. The
Historic $1.4 Billion Data Privacy Settlement between Meta and Texas
The State of Texas and Meta Platforms Inc. (“Meta”) have agreed to a $1.4 billion settlement, to be paid out over five years, to resolve claims relating to Meta’s alleged use of facial recognition technology without user consent. This settlement marks the largest privacy settlement obtained by a single state and is the first one