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Perkins on Privacy

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Perkins on Privacy

Perkins on Privacy keeps you informed about the latest developments in privacy and data security law. Our insights are provided by Perkins Coie's Privacy & Security practice, recognized by Chambers as a leading firm in the field. 

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July 11, 2025 Content Moderation Online Safety ECPA

Another Take on the TAKE IT DOWN Act

The TAKE IT DOWN Act (the Act), enacted on May 19, 2025, is a powerful (and controversial) new tool designed to stop people from sharing “nonconsensual intimate imagery,” or NCII, online.

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Phone Consumer
June 24, 2025 Consumer Protection Financial Privacy Legislative Developments

The Slow Death of the CFPB Open Banking Rule?

On May 30, 2025, the Consumer Financial Protection Bureau (CFPB) stated in a court filing that its “Open Banking Rule” (Rule) issued during the Biden administration “is unlawful and should be set aside.” View blog post
finger scan security
June 23, 2025 Biometrics State Privacy Laws

Colorado Expands Reach of Obligations for Processing Biometric Identifiers and Biometric Data

On July 1, 2025, amendments to the Colorado Privacy Act and CPA rules will take effect, significantly expanding the scope of requirements for businesses that control or process biometric identifiers and biometric data. The amendments expand the scope of the law by imposing certain requirements on employers when they collect biometric identifiers or biometric data from their employees (incl

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June 10, 2025 Privacy Compliance State Privacy Laws

The Start of Something New? New Jersey’s Proposed Privacy Rules

On June 2, 2025, the New Jersey Office of Consumer Protection announced proposed rules for New Jersey’s comprehensive consumer privacy law, the New Jersey D

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Data
June 9, 2025 State Privacy Laws Privacy Compliance Privacy Law Recap Biometrics Health Privacy Legislative Developments

Don’t Mind If I Do: Montana Says Hands Off Neural Data

In May 2025, Montana enacted Senate Bill 163 (SB 163), amending that state’s Genetic Information Privacy Act (MGIPA) to include protections for neurotechnology data—namely, data collected from the activity of the central or peripheral nervous system.

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June 2, 2025 Content Moderation Privacy Compliance Privacy Litigation ECPA Online Safety

Can Providers Be Sued for Mistaken CSAM Reports? Maybe, Says New Ruling

Can a communications provider be held liable when it reports to the National Center for Missing and Exploited Children (NCMEC) an image the provider believes to be child sexual abuse material based on signals provided by NCMEC? 

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Virtual Landscape
May 28, 2025 State Privacy Laws Children’s Privacy Consumer Protection Artificial Intelligence

Montana’s Consumer Data Privacy Law Update: SB 297’s Sweeping Changes at a Glance

On May 8, 2025, Montana Governor Greg Gianforte signed Senate Bill 297 (SB 297) into law, significantly revising the existing Montana Consumer Data Privacy Act (MCDPA). View blog post
Laptop
May 13, 2025 Privacy Compliance

Second Circuit Clarifies VPPA Scope for Pixel Tracking Cases

Last week, the Second Circuit, in Solomon v. Flipps Media, Inc., joined the Third and Ninth Circuits in holding that “personally identifiable information” (PII) under the Video Privacy Protection Act (VPPA) is limited to information that would enable an ordinary person, without specialized knowledge or tools, to identify a consumer’s video-viewing history. 

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World Cybersecurity
May 12, 2025 Regulatory Enforcement CCPA State Privacy Laws

Buckle Up! CPPA Is Driving Privacy Regulation and Enforcement Forward

After a relatively slow start to 2025, the California Privacy Protection Agency (CPPA) is firing on all cylinders now. View blog post
Security
May 5, 2025 Children’s Privacy Federal Trade Commission Regulatory Enforcement

FTC (Finally) Publishes Amended COPPA Rule: Compliance Deadlines Set

On April 22, 2025, the Federal Trade Commission published in the Federal Register the amendments to the Children’s Online Privacy Protection Act (COPPA) rule it announced on January 16, 2025. View blog post
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April 29, 2025

DOJ’s Bulk Personal Data Rule Becomes Effective–Resources for Compliance

The new Department of Justice (DOJ) rule governing international transfers of Americans’ information, codified at 28 C.F.R. Part 202, became effective on April 8, 2025. View blog post
privacy shield
April 25, 2025 Regulatory Enforcement Federal Trade Commission Consumer Protection

FTC Enforcement Priorities Take Shape With Resource Cuts in Mind

Perkins Coie partner Janis Kestenbaum says the FTC is keeping the pressure on strong consumer protection enforcement despite the Trump administration’s deregulatory agenda.

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Government
April 11, 2025 Privacy Compliance State Privacy Laws CCPA Artificial Intelligence

CPPA Signals Significant Revisions Ahead

Going into the Friday, April 4, 2025, meeting, the CPPA seemed poised to move forward far-reaching privacy regulations on RAs, cybersecurity audits, and ADMT.

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Data
March 25, 2025 Regulatory Enforcement CCPA State Privacy Laws Privacy Compliance

California Privacy in 2025: Key Changes Affecting Data Brokers

As we close out the first quarter of 2025, one thing is unmistakable: California’s regulatory efforts continue to center on data brokers. 

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