Privacy & Information Security Law Blog

On September 14, 2023, California Attorney General Rob Bonta announced a $93 million settlement with Google, LLC (“Google”) resolving alleged violations of California’s false advertising law and unfair competition law.

On August 8, 2023, the Massachusetts Gaming Commission approved 205 CMR 257: Sports Wagering Data Privacy, a set of regulations designed to create new rights and obligations with respect to sports betting operators’ use of patrons’ Confidential Information or Personally Identifiable Information. The regulations took effect on September 1, 2023.

On September 21, 2023, the UK Information Commissioner’s Office (“ICO”) published an opinion on the UK Government’s assessment of adequacy for the UK Extension to the EU-U.S. Data Privacy Framework (the “UK Extension”). The ICO provides that, while it is reasonable for the Secretary of State to conclude that the UK Extension provides an adequate level of data protection and lay regulations to that effect, there are four specific areas that could pose risks to UK data subjects if the protections identified are not properly applied. These four risks are: 

On September 15, 2023, the Irish Data Protection Commission (the “DPC”) announced a fine of 345 million Euros against TikTok Technology Limited (“TikTok”) for non-compliance with GDPR rules regarding the processing of personal data of child users. This decision by the DPC reflects the binding decision of the European Data Protection Board (the “EDPB”) pursuant to Article 65 of the GDPR.

On September 21, 2023, UK Secretary of State for Science, Innovation and Technology Michelle Donelan laid regulations in the UK Parliament, giving effect to a UK-U.S. Data Bridge. The regulations are supported by several documents, including a fact sheet and an “explainer.”  The regulations are due to take effect on October 12, 2023. U.S. companies approved to join the “UK Extension to the EU-US Data Privacy Framework” will be able to receive UK personal data under the new Data Bridge.

On September 14, 2023, the California legislature passed S.B. 362 (“Act”), a bill that would impose new requirements on data brokers and grant residents new rights designed to facilitate control over their personal data. S.B. 362 is now awaiting signature by California Governor Gavin Newsom. The Act aims to close a loophole in the California Consumer Privacy Act (“CCPA”) that allows consumers to request that data brokers delete personal information obtained directly from the consumer, but does not require data brokers to delete personal information obtained from other sources. 

On September 15, 2023, the Federal Trade Commission and the Department of Health and Human Services (“HHS”) published an updated version of the two agencies’ joint publication, entitled “Collecting, Using, or Sharing Consumer Health Information? Look to HIPAA, the FTC Act, and the Health Breach Notification Rule.” 

On September 18, 2023, Judge Beth Labson Freeman of the U.S. District Court for the Northern District of California granted NetChoice’s request for preliminary injunction in NetChoice v. Bonta, finding that NetChoice is likely to succeed on its claim that the California Age-Appropriate Design Code (“CA AADC”) violates the First Amendment. Specifically, the Court found that, as a speech restriction, the CA AADC would likely fail both strict scrutiny and a lesser standard of scrutiny. The preliminary injunction blocks the CA AADC from going into effect until the case is ...

On September 13, 2023, the National Coordinator for Health Information Technology (“ONC”) and the Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services released version 3.4 of the Security Risk Assessment (“SRA”) Tool under the Health Insurance Portability and Accountability Act (“HIPAA”) Security Rule.

On August 31, 2023, NetChoice, a national trade association of large online businesses, filed supplemental briefing in its challenge to the California Age-Appropriate Design Code (“CA AADC”). The success or failure of NetChoice’s lawsuit will determine whether companies need to be CA AADC-compliant on July 1, 2024 when the law is anticipated to take effect.