Eye On Privacy

Timely Updates and Analysis on Privacy and Cybersecurity Issues

Latest from Eye On Privacy

Over half of US states require annual compliance certifications from insurance providers. While the filing time frames for this year draw to a close, companies may want to keep them in mind not only for next year, but as a reminder of the information security programs that are expected to be in place.
Continue Reading Insurance Cybersecurity Certifications: An (Updated) State Roundup

Arkansas’ second attempt at regulating minor’s access to social media – in the form of the Social Media Safety Act (SB 689) – has again been struck down as unconstitutional. The court permanently enjoined the state from enforcing the law. It was a modified version of Arkansas’ 2023 SB 396, that was also blocked. The plaintiff in both challenges was NetChoice, a group familiar to anyone following kids’ social media laws. As a result of NetChoice’s efforts, similar laws have been blocked in California, Utah, Maryland, Mississippi, Ohio, and Texas. Courts in those states, as
Continue Reading Arkansas’ Kids Social Media Law: Another One Bites the Dust

The New York Attorney General recently entered into an assurance of discontinuance with Root Insurance Company following a 2021 data incident. According to the AG, the threat actors obtained people’s drivers’ license numbers by exploiting a website error on its car insurance application portal. Namely, upon entering a publicly available name and address, the site would generate a prefilled PDF that included that person’s drivers’ license number, which numbers were pulled from third-party databases. Threat actors used an automated bot to exploit this vulnerability, and gathered drivers’ license numbers of 44,449 New Yorkers (more than half of the total 72,852
Continue Reading Auto Insurer Settles With New York AG Over Insurance Application Platform Security Issues

Virginia’s Governor, Glenn Youngkin, vetoed a bill this week that would have regulated “high-risk” artificial intelligence systems. HB 2094, which narrowly passed the state legislature, aimed to implement regulatory measures akin to those established by last year’s Colorado AI Act. At the same time, Colorado’s AI Impact Task Force issued concerns about the Colorado law, which may thus undergo modifications before its February 2026 effective date. And in Texas, a proposed Texas Responsible AI Governance Act was recently modified.
Continue Reading US State AI Legislation: Virginia Vetoes, Colorado (Re)Considers, and Texas Transforms

On February 20, the SEC announced the creation of its Cyber and Emerging Technologies Unit (CETU) to address misconduct involving new technologies and strengthen protections for retail investors. The CETU replaces the SEC’s former Crypto Assets and Cyber Unit and will be led by SEC enforcement veteran Laura D’Allaird.
Continue Reading SEC Creates New Tech-Focused Enforcement Team

Utah’s governor recently signed the first law which puts age restrictions on app downloads. The law (the App Store Accountability Act, SB 142), was signed yesterday (Wednesday, March 26, 2025). We anticipate that the law may be challenged, similar to NetChoice’s challenge to the Utah Social Media Regulation Act and other similar state laws.
Continue Reading Utah Pioneers App Store Age Limits

Oregon’s Attorney General released a new report this month, summarizing the outcomes since Oregon’s “comprehensive” privacy law took effect six months ago. A six-month report isn’t new: Connecticut released a six month report in February of last year to assess how consumers and businesses were responding to its privacy law.
Continue Reading Oregon’s Privacy Law: Six Month Update, With Six Months to End of Cure Period

The New York Attorney General recently entered into an assurance of discontinuance with Saturn Technologies, operator of an app used by high school and college students. The app was designed to be a social media platform that assists students with tracking their calendars and events. It also includes connection and social networking features and displayed students’ information to others. This included students’ location and club participation, among other things. According to the NYAG, the company had engaged in a series of acts that violated the state’s unfair and deceptive trade practice laws.
Continue Reading New York AG Settles with School App

Starting April 3, Ohio hospitals will have to navigate new requirements under House Bill 173. This law mandates greater transparency in healthcare pricing. It also includes rules for selling or targeted advertising related to personal information hospitals collect from price estimator tools (discussed in more detail below). The law applies to hospitals in Ohio, which is any facility providing inpatient medical services for periods longer than twenty-four hours.
Continue Reading New Ohio Transparency Pricing Rules for Hospitals Comes with Limits to Targeted Advertising

Right of erasure (or “right to be forgotten”) has been selected by the European Data Protection Board as its priority enforcement topic for 2025. This work is being done under the “Coordinated Enforcement Framework” or “CEF.” The EDPB created the CEF in 2022 as a way to streamline and coordinate enforcement across EU data protection authorities. Past topics have included the right of access, and the role of data protection officers in organizations.
Continue Reading Forget It!: EDPB Announces Focus on Right to Erasure in 2025

The Federal Trade Commission recently requested public comment from users of tech platforms. In particular, the impact the platforms may have on user speech. Input is sought -by May 21- on the extent to which tech firms are engaging in potentially suppressing free speech.
Continue Reading FTC Requests Input from Tech Platform Users About Speech

The Oregon AG’s Office, along with the state’s Department of Justice, issued guidance late last year on how state laws apply to the ways businesses use AI. The guidance may be two months old, but the cautions are still timely. The guidance seeks to give companies direction on times when AI uses might be regulated by existing state laws.
Continue Reading Oregon’s AI Guidance: Old Laws in Scope for New AI

The New Jersey AG and the Division on Civil Rights’ new guidance on algorithmic discrimination explains how AI tools might be used in ways that violate the New Jersey Law Against Discrimination. The law applies to employers in New Jersey, and some of its requirements overlap with new state “comprehensive” privacy laws. In particular, those laws’ requirements on automated decisionmaking. Those laws, however, typically do not apply in an employment context (with the exception of California). This New Jersey guidance (which mirrors what we are seeing in other states) is a reminder that privacy practitioners should keep in
Continue Reading New Jersey Discrimination Law Guide: Applicability of Existing Laws to AI Tools

The California privacy regulator recently settled with a data broker (Key Marketing Advantage LLC) that it alleged had violated the state’s data broker law. Under the Delete Act, data brokers must, among other things, register annually by January 31 and pay an annual fee. According to the agency, the company failed to register or pay the fee. The broker agreed to pay $55,800 as part of the settlement.
Continue Reading New Year, Old Tradition: CPPA Focuses on Unregistered Data Brokers