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FTC Adds COPPA Violations to the Growing List of Privacy Concerns While TikTok is on the Clock
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August 13, 2024
FTC Adds COPPA Violations to the Growing List of Privacy Concerns While TikTok is on the Clock
By: Jordan Briggs
For years now, TikTok has seemed to be the center of attention. From viral baking content to true crime to dancing videos to family-influencer content, everyone seems to be on it or talking about it. And the FTC has said that’s part of the problem. On August 2, the Department of Justice (“DOJ”) brought a suit on behalf of the Federal Trade Commission (the “FTC”) against TikTok, its parent company ByteDance, and affiliated companies for violating the Children’s Online Privacy Protection Act (“COPPA”) by collecting and using personal information from children under 13 years old without notifying and obtaining parental consent. Since 2000, COPPA has required websites directed to children or for which the “operator has actual knowledge that it is…
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Chevron Overruling Sparks Regulatory Uncertainty Across Industries
July 10, 2024
Chevron Overruling Sparks Regulatory Uncertainty Across Industries
By: Jake Gray
A landmark decision by the Supreme Court overruled 40-year precedent that provided the bedrock for modern federal agency rulemaking and administration. In Loper Bright Enterprises v. Raimondo (2024), alongside its companion case Relentless, Inc. v. Department of Commerce, the Supreme Court overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. (1984), holding that deference to an agency’s interpretation of the statute is inconsistent with…
Ready, Set, Go: More States Adopt Privacy Laws
July 8, 2024
Ready, Set, Go: More States Adopt Privacy Laws
By: Nicole Kardell
Note the below chart was updated on July 8, 2024 to reflect recent developments. The number of U.S. states that have adopted privacy laws grows regularly. Fortunately, there seems to be quite a bit of crossover, at least when it comes to thresholds that companies must meet in order to trigger compliance requirements. We provide below a chart that summarizes these thresholds by state, including…
Telework: Businesses Need Smart Practices ASAP to Reduce the Threat of Data Security Incidents. Here’s the Quick and Dirty of Smart Practices
March 25, 2020
Telework: Businesses Need Smart Practices ASAP to Reduce the Threat of Data Security Incidents. Here’s the Quick and Dirty of Smart Practices
By: Nicole Kardell
COVID19 is not the only viral threat we face these days. Malware is a very real vulnerability for businesses large and small, among a host of other data security threats. We have rapidly transitioned to telework. For many (perhaps most) businesses, that transition took place without a clear inventory of hardware leaving the office and without a clear telework policy for employees. As a business,…
Allowances Made for COVID-19 Don’t Mean Telehealth Providers and Employers Can Share Protected Information Without Consequences
March 23, 2020
Allowances Made for COVID-19 Don’t Mean Telehealth Providers and Employers Can Share Protected Information Without Consequences
By: Drew Barnholtz
COVID-19 has become a pervasive concern for everyone. Older Americans are particularly susceptible to contracting COVID-19. On March 17th, the Trump Administration and the Department of Health and Human Services (HHS) announced the expansion of Medicare beneficiaries’ access to telehealth services during the COVID-19 outbreak. Importantly, the HHS Office for Civil Rights (OCR) announced it will waive potential HIPAA penalties for good faith use of…
Raising Money for COVID 19 Related Causes? Read this First.
March 23, 2020
Raising Money for COVID 19 Related Causes? Read this First.
By: Nicole Kardell
Cause Marketing Social causes are an important part of both community and business culture. Increasingly, businesses identify social causes to support as a part of their company mission. When they fold that mission into their marketing, it can trigger federal and state consumer protection laws (as well as federal tax laws). Why? To prevent fraud and deception. Regulators do not want for-profit companies to mislead…
One revision, two revisions … three revisions or more?: The California Attorney General Releases A Second Round of Edits to its Draft CCPA Regulations
March 17, 2020
One revision, two revisions … three revisions or more?: The California Attorney General Releases A Second Round of Edits to its Draft CCPA Regulations
By: Nicole Kardell
While the world is uni-focused on the Corona virus, companies doing business in California and impacted by the California Consumer Privacy Act must face another dizzying round of revisions to the California Attorney General’s draft implementing regulations. The AG released its latest set of revisions on March 11, providing an additional notice and comment period through March 27. The latest round of revisions reveals the…
Data Control of the People, by the People, for the People…
November 22, 2019
Data Control of the People, by the People, for the People…
By: Nicole Kardell
Can the free market weigh in on data privacy and further data privacy rights in way that the law cannot? Can the free market put control over people’s data back in individuals’ hands? Many of us have been waiting for a market solution to address the privacy of personal data. As attorneys, we know from experience that laws and regulations are not always the best…
