Children’s Privacy

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Two more states have enacted consumer privacy protection laws, with Oregon and Delaware joining the existing fray of state comprehensive consumer privacy laws in California, Colorado, Virginia, Utah, Connecticut, Iowa, Indiana, Montana, Tennessee, Florida, and Texas. For a useful chart detailing the applicability, effective dates, and exemptions of all of the state laws enacted thus…

On May 19, 2022, the Federal Trade Commission voted 5-0 to adopt a policy statement regarding increased scrutiny of the Children’s Online Privacy Protection Act (COPPA) violations involving education technology companies.  The statement reaffirmed COPPA provisions around limiting educational technology’s collection, use, retention and security requirements for children’s data. The FTC stated:

“When Congress enacted …

Background

Yesterday, on September 22, 2021, the California Privacy Protection Agency (“CPPA”) — the new privacy regulatory agency created by the California Privacy Rights Act of 2020 (“CPRA” or “CCPA 2.0”) — issued an invitation for public comment on its proposed rulemaking.  Such comments “will assist the Agency in developing new regulations, determining whether…

As the nation closely watches the election results coming in, the majority of votes counted in California suggest that the California Privacy Rights Act of 2020 (“CPRA”, or commonly known as “CCPA 2.0”), is on track to pass.  Proposition 24 under the California General Election, as of the information available to us at the time…

On May 4, the Californians for Consumer Privacy (led by Alistair McTaggart, the real estate investor and activist behind the original ballot initiative that led to the CCPA), announced in a letter that it had collected over 900,000 signatures to qualify the California Privacy Rights Act (“CPRA”) for the November 2020 ballot.  This version of…

In an opinion issued today (January 25, 2019), the Illinois Supreme Court found that a Six Flags season pass holder can claim a violation of the state’s biometric privacy law by collecting the thumbprint of plaintiff Stacy Rosenbach’s son without permission, even without alleging any actual harm.  This is an important ruling that could impact…

With the May 25, 2018 deadline quickly approaching, many businesses are scrambling to prepare for compliance with the EU’s General Data Protection Regulation (GDPR), and questions and conversations are heating up.  Still others are still trying to wrap their arms around what GDPR is and what it means for U.S. businesses.  For those of you…

This month, the Federal Trade Commission (FTC) issued guidance for businesses operating websites and online services looking to comply with the Children’s Online Privacy Protection Act (“COPPA”). COPPA addresses the collection of personal information from children under 13.  Importantly, the determination of whether a business’s website is “directed to children under 13” (and thus subject…