Privacy & Information Security Law Blog

On March 1, 2023, the U.S. House of Representatives Innovation, Data and Commerce Subcommittee (“Subcommittee”) of the Energy and Commerce Committee (“Committee”) held a hearing to restart the discussion on comprehensive federal privacy legislation. Last year, the full Committee reached bipartisan consensus on H.R. 8152, the American Data Privacy and Protection Act (“ADPPA”), by a vote of 53-2.  With many of the same players returning in the 118th Congress, House members are eager to advance bipartisan legislation again.

On March 2, 2023, the Biden-Harris Administration announced the release of the National Cybersecurity Strategy.

On February 28, 2023, the Colorado Office of the Attorney General announced that revised draft Colorado Privacy Act (“CPA”) rules were adopted for review by the Colorado Attorney General prior to finalization and publication in the Colorado Register.

On February 28, 2023, the European Data Protection Board (“EDPB”) issued its Opinion 5/2023 on the European Commission Draft Implementing Decision on the adequate protection of personal data under the EU-US Data Privacy Framework (the “Opinion”). In the Opinion, the EDPB recognized substantial improvements in the proposed EU-U.S. Data Privacy Framework (“DPF”) when compared to Privacy Shield, whilst also stating that a number of aspects of the DPF need to be clarified, developed or further detailed.

On February 24, 2023, following public consultation, the European Data Protection Board (EDPB) published the following three sets of adopted guidelines:

1. Guidelines on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V GDPR (05/2021) (final version);
2. Guidelines on certification as a tool for transfers (07/2022) (final version); and
3. Guidelines on deceptive design patterns in social media platform interfaces (03/2022) (final version).

On February 17, 2023, the Illinois Supreme Court issued an opinion in Cothron v. White Castle Systems, Inc., in response to a certified question from the Seventh Circuit, ruling that the plain language of Section 15(b) and 15(d) of the Illinois Biometric Privacy Act (“BIPA”) shows that a claim accrues under BIPA with every scan or transmission of biometric identifiers or biometric information without prior informed consent. 

On February 20, 2023, in the case of Experian Limited v The Information Commissioner, the First-Tier Tribunal in the UK (the “Tribunal”) ruled on the ICO’s action to require Experian to make changes to how it processes personal data for direct marketing purposes. While the Tribunal supported the ICO in certain respects, it largely ruled in favor of Experian and issued a Substituted Decision Notice, as detailed further below.

On February 14, 2023, the Digital Advertising Alliance (“DAA”) announced the creation of the CMP Complement, billed as a uniform approach for brands and publishers to offer privacy controls on sites and apps through Consent Management Platforms (CMPs) and the AdChoices program. The CMP Complement integrates the AdChoices Icon into participating CMPs’ user flows and provides easier user access to both CMP-specific controls and other interest-based advertising choice tools offered through the DAA’s portals.

On February 21, 2023, the California Privacy Protection Agency (“CPPA”) Board announced that it will hold a public meeting on March 3, 2023 regarding the status of the California Privacy Rights Act of 2020 (“CPRA”) rulemaking process and the activities of CPPA subcommittees.

On February 14, 2023, the California Privacy Protection Agency (“CPPA”) announced that it had filed its first substantive rulemaking package for the proposed final draft California Privacy Act of 2020 (“CPRA”) regulations with California’s Office of Administrative Law (“OAL”), beginning a 30-day review period.