Privacy Law Section

The 2025 Privacy Summit was a huge hit, and we have the photos to prove it! Read more

Has it already been a year since the publication of our Inaugural Privacy Law Section Journal? It is with great pride and gratitude that we have curated another set of scholarship from some of the privacy profession’s foremost thought leaders, as they delve into this year’s most challenging technology and legal issues. How have privacy litigation trends evolved in 2024, and what are the newest U.S. state privacy laws to follow California’s lead? Read more

View VOLUME 2, 2025, PRIVACY LAW SECTION JOURNAL Read more

California’s SB 362 ‘Delete Act’ is now just one of numerous U.S. laws specifically regulating data brokers, in addition to recent FTC consent decrees with companies engaged in various aspects of data licensing. This article explores the many ways in which companies may unknowingly qualify as a data broker, as well as other state and federal data broker compliance requirements or FTC guidance. Read more

Things happen quickly in the world of data privacy. With new laws being enacted, regulations continuing to develop and enforcements an ongoing reality, it can be difficult to track all the recent developments in U.S. comprehensive privacy regulation. This article will provide an update on the laws that will be in effect as of January 2025 and summarize important trends to be aware of. Read more

By the end of its 2023-24 session, the California Legislature passed, and Governor Gavin Newsom signed into law 17 artificial intelligence (“AI”) bills. While California may have won the race for most U.S. state AI bills to become law, it is not the first jurisdiction to attempt to tackle these issues. The European Union’s (“EU”) AI Act and Colorado’s AI Act both beat California to the punch and are arguably far more sweeping and comprehensive in their approach to AI regulation and risk assessment. Read more

Politico described Michael Macko, head of enforcement at the California Privacy Protection Agency (CPPA), as “one of the most powerful privacy enforcers in the U.S.”[1] It’s easy to see why. Between launching investigative sweeps into the practices of the connected vehicle and data broker industries, managing open privacy investigations in the “double digits and growing,” bringing multiple enforcement actions, and publishing Enforcement Advisories, the CPPA’s Enforcement Division has been busy. The CPPA is building its reputation as one of the most formidable privacy regulators in the nation, or perhaps the world. Read more

By Elaine F. Harwell and Yulian Kolarov Over the last couple of years, as privacy has become increasingly important to consumers, courts and companies have seen a significant increase in privacy litigation. In this article, we will look at some of the notable data privacy-related litigation trends of the last year, including under California state law claims based on the California Invasion of Privacy Act (“CIPA”) and the Investigative Consumer Reporting Agency Act (“ICRAA”), federal statutory claims, including the Video Privacy… Read more

Welcome to the Second Edition of the Privacy Law Section’s Annual Journal. For the second year in a row, we have put together a collection of articles offering insight, perspectives, and hopefully clarity, on issues foremost on the minds of privacy attorneys. In my introduction last year, I referenced the rapid development of the privacy landscape that had occurred since our Section’s inception. Those developments have only quickened in their pace, and as we head into the beginning of a new Administration, it is anyone’s guess what we can expect on the federal level over the next four years. Clearly, when it comes to privacy, there is still much to be seen. Read more

On December 13, 2025, the California Board of Legal Specialization (CBLS) voted to approve a new Legal Specialization in Privacy Law. This is the culmination of a process that the State Bar of California initiated in November 2022 by establishing a Consulting Group on the Establishment of a Legal Specialization in Privacy Law (Privacy Law Group). Appointed by the State Bar of California, the 13-member Privacy Law Group was tasked with studying the practice area to assess whether there is sufficient need and interest to create a specialty, as well as whether the area is sufficiently defined as to create a useful specialization. The Privacy Law Group determined that certification in this area of law is feasible and appropriate and presented draft certification standards for review by the CBLS and the State Bar Board of Trustees. Read more