The Federal Trade Commission will have its eye on privacy and data security enforcement in 2023.

In August, the agency announced that it is exploring ways to crack down on lax data security practices. In the announcement, the FTC explained that it was “concerned that many companies do not sufficiently or consistently invest in securing

Google agrees to pay a historic $391.5 million to settle with attorneys general from 40 U.S. states for misleading users about its location tracking and collection practices. The settlement is the largest ever attorneys general-led consumer privacy settlement.

The attorneys general opened the Google investigation following a 2018 Associated Press article that revealed Google “records

Yesterday, October 12, 2022, was the first time that a case under the Illinois Biometric Information Privacy Act (BIPA) went to trial – and the result was a big win for the Plaintiffs, more than 44,000 truck drivers whose fingerprints were scanned for identity verification purposes without any informed permission or notice. BIPA is an

Today, October 7, 2022, President Joe Biden signed an executive order implementing a new privacy framework for data being shared between Europe and the United States. The new framework is called the “Trans-Atlantic Data Privacy Framework,” and it will (hopefully) serve to replace the prior framework, known as “Privacy Shield”, which was struck down by

In July 2020, the Schrems II decision issued and the European Commission’s adequacy decision for the EU-US Privacy Shield Framework was invalidated.  Further, and broader than the invalidation of Privacy Shield adequacy decision, the Schrems II judgement found that US surveillance measures interfered with what are considered “fundamental rights” under EU law, i.e., the rights

On Friday, January 28, 2022, the California Office of Attorney General issued a press release announcing that California DOJ sent notices alleging non-compliance with the California Consumer Privacy Act (CCPA) to a number of businesses operating loyalty programs in California.  The press release stated, inter alia:

“Under the CCPA, businesses that offer financial incentives,

It has been nearly a year and a half since the Schrems II decision issued in July 2020, which invalidated the European Commission’s adequacy decision for the EU-US Privacy Shield Framework.  As a result, companies were forced to reexamine their transfers of personal information out of the EU, and the safeguards that they rely on

France recently fined Alphabet Inc’s Google $169 million and Meta Platform’s Facebook $67 million on grounds that the companies violated the EU e-Privacy directive (aka the EU “Cookie Law”) by requiring too many “clicks” for users to reject cookies.  The result was that many users just accepted the cookies, thus allowing the identifiers to track

In December 2020, Apple started requiring Apps to display mandatory labels that provide a graphic, easy-to-digest version of their privacy policies.  They are being called “privacy nutrition labels,” presumably a reference to the mandatory FDA-required “Nutrition Facts” labels that have appeared on food since 1990.  Below I offer ten thoughts related to these new labelling