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On May 19, the Federal Trade Commission (“FTC”) adopted, on a unanimous basis, a policy statement reminding educational technology vendors (“ed tech vendors”) of their duty to comply with the substantive privacy protections of the Children’s Online Privacy Protection Act (“COPPA”) and the Commission-issued COPPA Rule.  The policy statement reiterates the requirements of the Rule and previous informal guidance from Commission staff, and makes clear that ed tech vendors may not submit children to commercial surveillance and data monetization practices when using technology in the classroom.

The FTC’s COPPA Rule, which became effective in 2000 and was most recently amended in 2013, is intended to place parents in control over the information collected from their children online.  A major component of the Rule is that commercial online operators must (1) provide parents with notice of data collection and (2) obtain parental consent before the collection of personal information of children under age 13.

Recognizing the unique benefits of ed tech, the new policy statement reminds ed tech vendors that their compliance with the Rule extends beyond the notice and consent requirement.  Specifically, the FTC intends to scrutinize the activities of ed tech vendors in the following areas:…

Continue Reading FTC Unanimously Adopts Policy Statement on Education Technology and COPPA

The Connecticut legislature passed Connecticut SB 6 on April 28, 2022.  If signed by the governor, the bill would take effect on July 1, 2023, though the task force created by the bill will be required to begin work sooner.

The bill closely resembles the Colorado Privacy Act, with a few notable additions.  Like the…

In his State of the Union address last week, President Biden declared that he wants to: “strengthen privacy protections, ban targeted advertising to children, and demand tech companies stop collecting personal data on our children.”  This statement comes just a couple of weeks after Senators Richard Blumenthal (D-CT) and Marsha Blackburn (R-TN) introduced the Kids…

This quarterly update summarizes key federal legislative and regulatory developments in the first quarter of 2022 related to artificial intelligence (“AI”), the Internet of Things (“IoT”), connected and automated vehicles (“CAVs”), and data privacy, and highlights a few particularly notable developments in the States.  In the first quarter of 2022, Congress and the Administration focused…

As companies begin to prepare their CPRA compliance strategies, they are grappling with whether to include personal information processed in employment and business-to-business contexts. Currently, the CPRA’s partial exemptions for both of those types of data sunset on December 31, 2022. However, last week, the CA legislature introduced AB 2871 and AB 2891. AB…

An Illinois federal district court recently rejected dismissal of Illinois Biometric Information Privacy Act (“BIPA”) claims in In re Clearview AI, Inc., Consumer Privacy Litigation, No. 21-cv-135 (N.D. Ill.).  The Clearview plaintiffs alleged that Clearview violated their privacy rights without their knowledge and consent by scraping more than three billion photographs of facial images…

Last week the California Privacy Protection Agency (“CPPA”) held its sixth Board meeting and first meeting of 2022.  The meeting notably included a discussion of the expected timing for issuing final regulations implementing the California Privacy Rights Act.

As a reminder, the Agency gave notice to the California Attorney General on October 21, 2021 that…

On Thursday, the Illinois Supreme Court unanimously ruled in McDonald v. Symphony Bronzeville Park LLC that the exclusivity provisions of the state’s workers’ compensation statute do not preclude liquidated damages claims under the Biometric Information Privacy Act.  The decision narrows the defenses available to employers facing employment-related BIPA claims.

Illinois’s Workers’ Compensation Act generally provides…