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Perkins on Privacy

Perkins on Privacy keeps you informed about the latest developments in privacy and data security law. Our insights are provided by Perkins Coie's Privacy & Security practice, recognized by Chambers as a leading firm in the field. Subscribe 🡢

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Kids Online Safety Act Gains Momentum in the Senate

Last month, Senators Richard Blumenthal (D-Conn.) and Marsha Blackburn (R-Tenn.) reintroduced the Kids Online Safety Act (KOSA), initially introduced last term, noting that the bill now has 62 cosponsors, bipartisan support, and is poised to pass in the Senate.

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The Next Wave of Privacy Litigation: The Illinois Genetic Information Privacy Act

Enacted in 1998, Illinois' Genetic Information Privacy Act (GIPA) governs the confidentiality and use of genetic testing and genetic information by employers and insurers.

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Two New States Enter the Privacy Fray

On January 16, 2024, New Jersey became the latest state to enact comprehensive privacy legislation with the New Jersey Data Privacy Act (NJDPA).

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California Announces Sweep on Streaming Services and More Enforcement To Come

California Attorney General Rob Bonta announced an investigatory sweep into popular streaming apps and devices, timed to coincide with Data Privacy Day on January 28.

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The FTC Continues its Focus on Location and Sensitive Data

The Federal Trade Commission (FTC) followed its recent spate of enforcement in the location and sensitive data space with the announcement of another enforcement action and proposed settlement with InMarket Media, Inc. (InMarket).

Gavel banging

FTC Cracks Down on Collection and Sharing of Sensitive Location Data With Proposed X-Mode Settlement

The Federal Trade Commission (FTC) announced its complaint and proposed settlement with location data broker X-Mode Social, Inc. and its successor Outlogic, LLC (collectively X‑Mode).

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California Law Requires Platforms To Take More Action Against Child Sexual Exploitation

California Governor Gavin Newsom recently signed AB 1394, a law that imposes new obligations on social media platforms to prevent and combat child sexual abuse and exploitation.

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Generative AI: How Existing Regulation May Apply to AI-Generated Harmful Content

Among the many open questions about large-language models (LLMs) and generative artificial intelligence (AI) are the legal risks that may result from AI-generated content.

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Federal Courts Preliminarily Enjoin Arkansas Social Media Safety Act and California Age-Appropriate Design Code

After a flurry of legislative activity across the United States related to kids' privacy and safety online, in recent weeks, federal courts in Arkansas and California have enjoined two notable state laws.

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NJ Supreme Court: Wiretap Order Required for Prospective Online Communications

The Supreme Court of New Jersey unanimously held that a wiretap order is required to seek "prospective electronically stored information" from Meta Platforms, Inc., the provider of the Facebook and Instagram services.

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UK Parliament Passes a Sweeping and Controversial Online Safety Bill

The UK Online Safety Bill was passed by Parliament earlier this week and is expected to soon become law through royal assent.

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Updating Corporate and Cybersecurity Practices To Satisfy the SEC’s Final Cybersecurity Disclosure Rules: Assessing Materiality of Cybersecurity Incidents

In the wake of the SEC's new rule requiring prompt disclosure of cybersecurity incidents, incident response (IR) teams have asked how they should modify IR plans to promote compliance with the new rule.

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Global Online Safety Regulators Issue Statement on Human Rights and Online Safety Regulation

The Global Online Safety Regulators Network (Network) issued a position statement on human rights and online safety regulation on September 13, 2023.

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A Deep Dive Into the SEC’s Materiality Trigger for Cybersecurity Incident Disclosures

The U.S. Securities and Exchange Commission (SEC) adopted final rules relating to cybersecurity disclosure on July 26, 2023, which will take effect on December 18, 2023.

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FTC’s COPPA Enforcement Action Provides Lessons for Edtech Providers

The Federal Trade Commission recently announced an enforcement order against edtech company Edmodo for allegedly violating the Children's Online Privacy Protection Act.