On Tuesday, Connecticut became the fifth state to pass comprehensive privacy legislation when Governor Ned Lamont signed “An Act Concerning Personal Data Privacy and Online Monitoring” into law.  Connecticut joins California, Virginia, Colorado, and Utah in enacting new privacy laws that take effect in 2023. Out of fifty states in the U.S., ten percent have now passed a comprehensive privacy law.

Effective July 1, 2023, the Connecticut law adopts a general framework of definitions, consumer rights, and compliance obligations based on concepts of data controller and data processor from the EU’s General Data Protection Regulation (GDPR), and the right to opt out of the “sale” of personal data as first articulated in the California Consumer Privacy Act (CCPA).  Overall, the Connecticut law mirrors Colorado’s privacy law but then borrows select concepts from the California, Virginia, and Utah laws.  The result is a hybrid of the pre-existing state laws, but not a law that introduces significant contradictions or unique compliance challenges.
Continue Reading Ten Percent and Rising: Connecticut Becomes Fifth U.S. State to Enact Privacy Law

Lina Khan’s Privacy Priorities – Time for a RecapRumors suggest that Senator Schumer is maneuvering to confirm Alvaro Bedoya as FTC Commissioner sooner rather than later, which would give FTC Chair Khan the majority she needs to move forward on multiple fronts. One of those fronts is consumer privacy, for which  Khan has announced ambitious plans (discussed here and here) that have stalled for lack of Commissioner votes. With Bedoya potentially on deck, now seems like a good time to recap those plans, as they might provide clues about what’s in the pipeline awaiting Bedoya’s vote. We focus here on three priorities Khan has emphasized in statements and interviews since becoming Chair.
Continue Reading Lina Khan’s Privacy Priorities – Time for a Recap

Top Privacy Issues to Watch in 2022You’ve probably seen a lot of privacy forecasts for 2022 during the past few weeks. Here’s one that reflects the collective thoughts of our diverse privacy team, which includes former high level officials from the FTC and State AG offices, and practitioners who have been advising clients about privacy for over 30 years.

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State Attorneys General 2022 Predictions

State Attorneys General are already off to the races in 2022 – both with a significant number of election campaigns in full swing and an uptick in their consumer protection enforcement efforts.  As a result, State AG consumer protection topics will play a big part of 2022.  Our Kelley Drye State Attorneys General team

On December 13, the New Mexico Attorney General announced a settlement with Google to resolve claims regarding children’s privacy, including in the burgeoning EdTech space. The federal lawsuits Balderas v. Tiny Lab Productions, et al. and Balderas v. Google LLC, respectively, alleged COPPA and privacy violations related to collection of children’s information on

On December 7, 2021, the Senate Finance Committee’s Subcommittee on Fiscal Responsibility and Economic Growth conducted a hearing on “promoting competition, growth, and privacy protection in the technology sector. The hearing could have been conducted using a split-screen format, since one group of Senators and witnesses focused on anti-competitive behavior by the tech giants and

In case you missed it, last week (on November 30), the National Telecommunications and Information Administration (NTIA) announced that it would convene a series of virtual listening sessions on privacy, equity, and civil rights. According to NTIA, the sessions (scheduled for December 14, 15, and 16) will provide data for a report on “the ways

Texas Associate Deputy Attorney General Paul Singer has joined Kelley Drye as a partner in the firm’s growing State Attorneys General practice group.We are thrilled to welcome Texas Associate Deputy Attorney General Paul Singer to the firm’s growing State Attorneys General practice group. On the heels of former top Federal Trade Commission (FTC) officials Jessica L. Rich and Laura Riposo VanDruff joining the firm, Paul’s addition further strengthens Kelley Drye’s ability to help clients prepare for

As we’ve all been following in the news, the House reconciliation bill to fund “human infrastructure” is still mired in negotiations, ever on the verge of either passing to monumental fanfare, or cratering in failure. Tucked away on page 671 of the 1684-page bill is a short provision that, despite scant attention, has the potential