By Sam Castic
The California Privacy Protection Agency (CPPA) has adopted final regulations on privacy risk assessments, cybersecurity audits, and automated decisionmaking technology (ADMT), as well as amendments to existing CCPA regulations. Final publication of the regulations is pending review by the Office of Administrative Law, and depending on when that occurs, the regulations will likely take effect 10/1/2025 or 1/1/2026. Some key concepts from these regulations, and actions to consider, are below.
Read MoreBy Mason Fitch and Kate Black
The California Attorney General’s Office (“OAG”) announced an enforcement action against Healthline.com on July 1 that marks a significant development in California Consumer Privacy Act (CCPA) enforcement. This action, accompanied by the largest fine under CCPA yet at $1.55 million, highlights critical areas of consideration for any company engaging in the advertising ecosystem as well as any company that processes sensitive personal information.
Read Moreby Felicity Slater and Susan Hintze
On April 16, 2025, the California Privacy Protection Agency (CPPA) and state Attorneys General from California, Colorado, Connecticut, Delaware, Indiana, New Jersey, and Oregon announced the formation of the bipartisan "Consortium of Privacy Regulators." The focus of the Consortium will be to foster multi-state coordination, including sharing of expertise and resources, in investigation of potential violations of and enforcement of their state's respective comprehensive privacy laws.
Read Moreby Cameron Cantrell and Felicity Slater
On March 24, 2025, Governor Youngkin (R) of Virginia signed SB 754—which amends the Virginia Consumer Protection Act (VCPA) to restrict the collection and processing of “reproductive or sexual health information” and is enforceable through a private right of action—into law. The law will take effect July 1, 2025.
Read MoreBy Felicity Slater and Kate Black
The Maryland Online Data Privacy Act (“MODPA” or the “Act”), which takes effect October 1, 2025, establishes a set of novel requirements that will have a particular impact for companies operating in the health and wellness sectors.
Read MoreBy Mike Hintze and Felicity Slater
Last year, we wrote about a proposed New York State law that would have significant impacts for entities that process health and wellness related data. That bill failed to pass before the 2024 legislative session ended. But today, in the early days of the 2025 session, the New York State legislature has passed Senate Bill S929 (SB S929), which is essentially unchanged from last year’s bill.
Read MoreBy Sam Castic
The post below was originally published by the IAPP at https://iapp.org/news/a/10-areas-for-privacy-programs-to-focus-in-2025.
This past year was another jammed one for privacy teams and it was not easy to stay on top of all the privacy litigation, enforcement trends, and new laws and regulations in the U.S.
Read Moreby Felicity Slater and Kate Black
On November 26, 2024, the Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) announced a resolution agreement and corrective plan with Pennsylvania’s Holy Redeemer Hospital (Holy Redeemer). The agreement settles OCR’s claim that Holy Redeemer disclosed a patient’s protected health information (PHI)—including intimate reproductive health details—without a permissible purpose or valid authorization from the patient in violation of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule.
Read MoreBy Taylor Widawski
On September 15, 2023, the California Legislature passed Senate Bill 362, known as the Delete Act, which amends the California data broker law. The bill now awaits a signature from the governor. If signed, certain aspects of the law will go into effect as soon as January 31, 2024.
Read MoreBy Leslie Veloz
Florida’s SB 262 was signed into law Tuesday, June 6, 2023, making it the 10th comprehensive state privacy law enacted in the United States. SB 262 consists of several parts.
Read MoreBy Mike Hintze
When it comes into effect, the Washington My Health My Data Act (MHMDA or the Act) will impose new privacy notice obligations on regulated entities. The Act requires specific privacy disclosures relating to data that meets the very broad definition of “consumer health data.” It appears to require regulated entities to draft, post, link to, and maintain a separate “Consumer Health Data Privacy Policy” that will be largely, but not entirely, redundant of their existing privacy statement(s).
Because the Consumer Health Data Privacy Policy will be publicly available and easily scrutinized by plaintiffs’ lawyers and the Washington Attorney General, mistakes implementing this obligation are likely to be a key source of costly and disruptive litigation. Regulated entities will therefore need to take great care in meeting the Act’s notice requirements which are, in some respects, unusual and unexpected.
Read MoreBy Mike Hintze & Jevan Hutson
Biometric data is among the broad range of “consumer health data” regulated by the Washington My Health My Data Act (MHMDA). In light of MHMDA’s broad definition of biometric data, GDPR-level consent requirements, new obligations, and private right of action, the Act dramatically changes and complicates the regulation of biometric data in Washington state and is poised to become the most disruptive change in U.S. biometric privacy law since Illinois’ BIPA.
Read MoreBy Mike Hintze
The Washington My Health My Data Act provides consumers with several rights, including a right of access, a right to delete, a right to withdraw consent, and a right to not be discriminated against for exercising their rights. While each of these rights can be found in other privacy laws and so, at a high level, do not seem particularly surprising here, the ways they are included in this Act are unique, create uncertainty, and in some cases go well beyond what exists in any other privacy law. As a result, regulated entities seeking to comply with them will face difficult, costly, and disruptive implementation challenges (and with respect to the deletion right, the potential for catch-22 situations where full legal compliance may be impossible). These challenges, along with the Act’s private right of action, set up a significant risk of expensive legal claims and litigation.
Read MoreBy Mike Hintze
When it comes into effect, the Washington My Health My Data Act will impose strict consent requirements on a wide range of common data collection and processing activities. In essence, the Act requires affirmative (opt-in) consent for any collection, use, disclosure, or other processing of consumer health data beyond what is necessary to provide a consumer-requested product or service. For anything that could be considered a data “sale,” the authorization requirements are so onerous and risky that they, in effect, create a prohibition.
Read MoreBy Mike Hintze
Yesterday the amended Senate version of the Washington My Health My Data Act was approved by the Washington State Legislature. Now that it is a near certainty the Act will become law in its current form, entities subject to the Act need to start preparing to comply. The key factor in determining deadlines for having compliance measures in place is the effective date of the Act. The Act purports to come into effect on March 31, 2024 (and for small businesses, three months later on June 30, 2024). However, contrary to stated legislative intent, and due to what one can only conclude is, at least in part, a drafting error, some of the key substantive provisions of the Act may come into effect much sooner than expected - as soon as July 2023.
Read MoreBy Mike Hintze
The Washington My Health My Data Act applies to “regulated entities” that collect or process “consumer health information” from “consumers.” Part two of this series addressed the definition of “consumer health data” and how that definition results in a scope of applicability that is far beyond what we might typically think of as sensitive health data. But the other two above-quoted defined terms – “regulated entity” and “consumer” also result in a very broad (and in some ways surprising) scope and impact.
Read MoreBy Mike Hintze
The substantive requirements of the Washington My Health My Data Act apply to collection, use, and disclosure of “consumer health data.” While there are a few important exclusions, the stunning breath of that term's definition, means that it will be difficult to safely conclude that any category of personal data is out of scope of the Act. As a result, it is inaccurate to refer to the Washington My Health My Data Act as a “health data privacy law.” On the contrary, it is, in effect, a generally-applicable privacy law.
Read MoreBy Mike Hintze
The Washington My Health My Data Act will become the most consequential privacy legislation enacted in 2023. The sweeping scope and extreme substantive obligations, combined with vague terms and with a full private right of action, make this Act extraordinarily challenging and risky for entities seeking to comply with its requirements.
Read MoreBy Alex Schlight and Leslie Veloz
Just a year after passing a comprehensive privacy law, Utah becomes the first state in the United States to pass a law that significantly regulates minors' access to, and use of, social media sites. The law is much broader than kids’ privacy laws like the federal Children’s Online Privacy Protection Act (COPPA), or California’s Age-Appropriate Design Code Act passed last year in that it significantly limits when and how minors under the age of 18 can use social media, gives parent’s broad rights to consent to and access accounts, and places extensive restrictions on social media company activities, including, prohibiting the display of ads to minors, targeting or suggesting groups, services, products, and posts and use of addictive design.
Read MoreBy Sheila Sokolowski
Senate File 262, a comprehensive privacy law, was signed by the Governor of Iowa on March 28, 2023, thereby becoming law. As a result, Iowa has officially become the sixth state with a comprehensive privacy law, joining California, Colorado, Connecticut, Utah, and Virginia.
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