Following an extensive investigation, the Federal Trade Commission (“FTC”) announced a settlement with Google and its subsidiary YouTube for the largest-ever civil penalty for violations under the Children’s Online Privacy Protection Act (“COPPA”) – $136 million to the FTC and $34 million to the State of New York.  In its 2013 COPPA rulemaking, the Commission indicated that...

Read More →

We are proud to be recognized as a leading law firm in Privacy and Data Security by Chambers and Partners for the ninth consecutive year. Founder and Managing Partner Marc J. Zwillinger has also been ranked in Band 1 as a top lawyer in the Privacy and Data Security space. Chambers bases these rankings on...

Read More →

The Federal Trade Commission announced a settlement and consent decree with email receipt management company Unroll.me, a subsidiary of Slice Technologies, Inc. Unroll.me offered a service that helped users unsubscribe from unwanted subscription emails and consolidate certain other types of emails into a single daily email.  The FTC’s allegations included claims that Unroll.me shared detailed personal data...

Read More →

Following a breach affecting 145 million consumers, the Federal Trade Commission has announced a settlement with Equifax for up to $700 million, the largest ever for a data breach. In the same action, Equifax also settled with the Consumer Financial Protection Bureau (CFPB), and 50 U.S. states and territories to resolve allegations related to the massive 2017 breach. This...

Read More →

New York has updated its breach notification and data security law, expanding the definition of a data breach and imposing detailed reasonable security requirements, among other changes. The amendment also adds a number of new data elements to the definition of “private information.” On July 25, 2019, Governor Cuomo signed S5575B, with the breach notification amendments...

Read More →

Following a yearlong investigation triggered in part by the Cambridge Analytica incident, the Federal Trade Commission (FTC) has announced a much anticipated settlement with Facebook, Inc. The Commission determined that the company violated its existing 2012 FTC Order by “deceiving users about their ability to control the privacy of their personal information.” The settlement imposes a record-breaking $5...

Read More →

The California Consumer Privacy Act (“CCPA”) goes into effect on January 1, 2020, but the contours of the law are still being ironed out. Following a marathon debate at a California Senate Judiciary Committee Hearing, the scope of these potential legislative changes is coming into focus. While certain bills amending the CCPA advanced without modification,...

Read More →

Hawai’i Governor David Ige (D) has vetoed HB702 HD1 SD2, which would have restricted the sale of certain location information. The governor explained that the “lack of clarity in this bill as currently drafted will lead to ambiguity, confusion, and unintended consequences should it become law.” He’s right. The legislation read as follows: “No person shall sell or offer...

Read More →

Tricky Topics in CCPA Compliance

June 10, 2019 | 0 Comments

At the time of the writing of this article, the final language of the California Consumer Privacy Act (“CCPA”) is yet to be determined. Nevertheless, given the effective date of the statute, as well as the requirement to provide California consumers with access to their personal information (“Personal Information” as defined by the CCPA) for...

Read More →

The Department of Health and Human Services (“HHS”) may have signaled its interest in pursuing more enforcement actions against business associates. On May 24, 2019, the HHS Office for Civil Rights (“OCR”), released a fact sheet on the direct liability of business associates under the Health Insurance Portability and Accountability Act (“HIPAA”). The day before releasing its new fact...

Read More →