All posts by Cooley

Road Map For a Cautious Approach to Contact Tracing

Law360 “It has become increasingly clear that a combination of COVID-19 testing and use of geolocation technologies for contact tracing will be essential for the nation to get back to life and work. With this realization came outcry that contact tracing is a leap to the surveillance society that would […]

AI and Algorithms: FTC Issues Guidance for Companies Amid Heightened Scrutiny

Even before the COVID-19 crisis, artificial intelligence and algorithms, particularly in the context of pricing, were a focus of the Federal Trade Commission and the Department of Justice’s Antitrust Division. With the COVID-19 pandemic shining a spotlight on online platforms and sellers using algorithms to set prices, it is particularly […]

Europe Issues Pragmatic Privacy Guidance for COVID-19 Data Processing

European data protection authorities have issued important guidance on the processing of personal data in connection with COVID-19. At a pan-European level, on March 19, 2020, the European Data Protection Board issued a statement on the processing of personal data in the context of the COVID-19 outbreak.

The GDPR and Coronavirus: What Organisations in the UK Need to Know

The UK’s Information Commissioner’s Office has, over the course of this week, published various notes of advice and blog posts to organisations and data subjects in respect of the coronavirus (COVID-19) pandemic.

FTC Increasingly Looks to Public Companies’ SEC Disclosures for Privacy and Cybersecurity Enforcement Opportunities

While the FTC does not make its initial privacy and cybersecurity investigations public, there have been reports that the FTC has initiated an increasing number of privacy and cybersecurity-related enforcement actions following disclosures of privacy or cybersecurity incidents by public companies in their SEC filings. 

Ninth Circuit Restricts Immunity for Filtering Objectionable Content

Companies that make anti-virus and similar software that helps internet users guard against dangerous online content must now think twice about whether they can be sued for their decisions about what content to filter. This is the result of a significant ruling last month by the United States Court of […]

California AG Releases Draft CCPA Regulations and Governor Signs CCPA Amendments Into Law

Just under three months before the January 1, 2020 deadline to comply with the California Consumer Privacy Act (“CCPA”), the California Attorney General (“AG”) released a notice of proposed rulemaking and draft regulations pursuant to the CCPA on October 10, 2019. The next day, California Governor Gavin Newsom signed into […]

CCPA FAQs Part 3: Litigation, Regulatory Actions and Liability

This post does not reflect amendments to the California Consumer Privacy Act (CCPA) enacted on October 11, 2019. Check back for updates or follow this blog. As we approach the January 1, 2020 effective date of the California Consumer Privacy Act (“CCPA” or “Act”) it is a good time to […]

NIST Issues Preliminary Draft of Privacy Framework

Earlier this month, the National Institute of Standards and Technology (NIST) issued a Preliminary Draft of the Privacy Framework, which aligns with the NIST Cybersecurity Framework and is intended to help organizations better access and manage privacy risks during product and system design and development. Like the Cybersecurity Framework, the Privacy Framework is a voluntary […]

Closing Bell: California Legislature Passes Numerous CCPA Amendments and Other Privacy Bills on Final Day of 2019 Session

The last day of California’s 2019 legislative session on Sept. 13, 2019 saw a flurry of legislative activity as numerous CCPA amendments passed in the Assembly, after being amended in the Senate, and were sent to the governor for his consideration. The more substantial amendments sought by industry groups—including those […]