Privacy

On August 19, 2026, Connecticut Attorney General William Tong announced a $275,000 settlement with online tax preparation company TaxAct over allegations that the company improperly disclosed taxpayer information to advertising partners through third-party tracking technologies on its website. The Attorney General alleged that, between January 2018 and December 2022, TaxAct used third-party tracking technologies for analytics and marketing purposes and, in doing so, disclosed detailed taxpayer information without informing consumers.

The settlement is notable because it highlights regulatory scrutiny over the disclosure of financial information, and also because it imposes extensive governance, monitoring, and auditing requirements on TaxAct relating to the use of third-party tracking technologies. In addition, the settlement does not specify what law was allegedly violated.

Continue Reading Connecticut Attorney General Settles with TaxAct Over Sharing Taxpayer Data

Employers increasingly rely on automated tools to help make decisions concerning hiring, promotion, discipline, and termination. In response, state legislatures and agencies have begun to regulate uses of these technologies, often referred to as automated decision-making technology (“ADMT”). These laws generally require entities that deploy ADMT in the employment context to, among other requirements, notify affected individuals, disclose how ADMT factors into decisions, and provide rights to appeal or request human review.

This remains a fast-moving area and a hot topic for legislative and regulatory focus, with several states enacting laws this year and additional bills pending. Below, we summarize the key legislative and regulatory ADMT developments that apply in the employment context.

Continue Reading ADMT Law Roundup: What Employers Need to Know About Recent ADMT Laws

On August 12, 2026, the Administration published a National Security Presidential Memorandum (“NSPM”) (“Expanding Capabilities to Combat Transnational Cyber-Enabled Crime”) that signals the Administration’s focus on private-sector participation in offensive cyber operations by establishing a federally supervised program to enable private sector participants to conduct offensive cyber operations against “Cyber-Enabled Transnational Criminal Organizations” (“CE-TCOs”).  

The NSPM follows Executive Order 14390, which, together with the U.S. National Cybersecurity Strategy, demonstrated the U.S. government’s continued focus on disrupting foreign cyber-enabled criminal organizations that engage in fraud, scams, and related cyber-enabled schemes.  The NSPM, which states that “it is the policy of the United States to use all instruments of national power, including the innovative capabilities of the private sector, to combat cybercrime,” signals a potential shift in the U.S. government’s approach to offensive cyber operations by non-government actors.  At the same time, the NSPM makes clear that any such operations would be conducted only after U.S. government vetting and authorization, under federal coordination and oversight, and consistent with U.S. law.   This post summarizes the NSPM and identifies practical takeaways for private-sector entities that may be considering whether to participate in the program.  Additional implementation guidance is expected by mid-October 2026 (60 days after the NSPM publication).

Continue Reading White House Releases National Security Presidential Memorandum on Expanding Capabilities to Combat Transnational Cyber-Enabled Crime

On August 14, 2026, the French Constitutional Council (the “Constitutional Council”) struck down Article 1 of France’s Act to protect minors from the risks posed by the use of social media (the “Act”), which would have barred minors under the age of fifteen from accessing online social media services. The Constitutional Council held that the prohibition infringed on the freedom of expression and communication in a manner that was not appropriate, necessary, or proportionate to the objective pursued and, separately, that the legislature failed to provide the legal safeguards required to protect the right to respect for private life in connection with the age verification process that the ban would, by necessity, have entailed.

We summarise key aspects of the decision below.

Continue Reading French Constitutional Council Strikes Down Under-15 Social Media Ban

The Illinois Governor recently signed SB 2886, which expands the scope of the state’s Genetic Information Privacy Act (“GIPA”) to include “biomarker testing” and “biomarker.” GIPA currently regulates the collection, use, and disclosure of genetic testing information.

The bill defines “biomarker” as “a characteristic that is objectively measured and…

Continue Reading Illinois Expands Genetic Privacy Law to Biomarkers

On July 28, 2026, the New York Office of the Attorney General released final rules (the “Rules”) implementing the Stop Addictive Feeds Exploitation (SAFE) for Kids Act, which goes into effect on January 25, 2027.

The SAFE for Kids Act requires online “addictive social media platforms,” which are defined as websites, online services, and applications that offer an “addictive feed” as a significant portion of their services, to restrict providing an “addictive feed” and nighttime notifications for minor users unless they obtain verifiable parental consent.

Continue Reading New York Publishes Final SAFE For Kids Act Rules

On July 1, 2026, a California legislative committee advanced amendments to SB 690 that would eliminate private suits asserting website-based “pen register” claims under the California Invasion of Privacy Act (“CIPA”), leaving enforcement exclusively to the California Attorney General.  The amendments come amid a surge of lawsuits and demand letters challenging the use of website technologies under the pen register provision, which the committee described as a “poster child for abusive lawsuits.”  According to the committee analysis, “[b]ecause the potential liability can be staggering,” businesses often settle quickly, thereby “encouraging vexatious litigants to continue blasting out demand letters.”

Continue Reading California Legislature Advances Bill Targeting Wave of CIPA Pen Register Lawsuits

On 10 July 2026, Ofcom published a package of draft materials as part of the third phase of its implementation of the Online Safety Act (the “Act”). While the Act already imposes baseline duties to tackle illegal content and to protect children (where a service is likely to be accessed by them) on all regulated user-to-user and search services, the 10 July package provides a set of additional duties targeted at the UK’s largest and most widely used online services.

The package is comprised of three connected strands:

  • The Register of Categorised Services. Ofcom published its long-awaited register, formally designating services across Category 1, Category 2A, and Category 2B, together with a list of “emerging” Category 1 services.
  • Consultation: Draft Fraudulent Advertising Codes of Practice (Category 1 and 2A): The draft codes of practice set proposed measures for how the largest user-to-user and search services should tackle paid-for fraudulent advertising.
  • Consultation: Draft Additional Duties Code of Practice and Guidance (Category 1 only): The draft codes of practice and associated guidance address user empowerment and identity verification, protections for certain public-interest content, terms of service, complaints, and freedom-of-expression and privacy assessments.

This post focuses on the third strand—the additional duties for Category 1 services.

Continue Reading UK online safety update: Ofcom’s Category 1 proposals and DSIT’s latest response to “Growing Up in an Online World”

On June 16, 2026, the Delaware General Assembly passed HB 380, which would amend the Delaware Personal Data Privacy Act (DPDPA). The bill is currently awaiting the Delaware governor’s signature, and if signed, the amendments would take effect on January 1, 2027. The amendment would impose the following:

Continue Reading Delaware General Assembly Passes HB 380, an Amendment to the Delaware Personal Data Privacy Act

Vermont recently enacted two privacy bills to regulate health-related information. These include H.639, a genetic privacy bill regulating direct-to-consumer genetic testing companies, and the Vermont Data Privacy and Online Surveillance Act (S.71), a comprehensive privacy law that extends heightened protections to “consumer health data.” You can read our full analysis of S.71 here.

Continue Reading Vermont Enacts Privacy Legislation to Regulate Health-Related Information