United States: Privacy Protection

For years, long-term care providers have navigated the delicate balance between respecting resident privacy, accommodating family oversight, honoring roommate privacy, and maintaining smooth facility operations.

A $10 million preliminary settlement between data aggregator Spokeo and plaintiffs from nine states raises critical questions about the commercial use of personal information in online marketing. The case challenges whether companies can freely use lawfully obtained data for promotional purposes without consent, even when no data breach has occurred. What legal boundaries exist when personal identities become marketing tools, and how should businesses navigate the complex landscape of state-by-state right o

US Customs and Border Protection conducts tens of thousands of electronic device searches annually at borders and airports, with Chinese nationals facing increased scrutiny. Understanding CBP's authority to access devices without warrants, along with the distinction between basic and advanced searches, is critical for multinational companies seeking to protect sensitive corporate data and privileged information during cross-border travel.

California Senate Bill 690 proposes significant amendments to the California Invasion of Privacy Act (CIPA), aiming to restrict private lawsuits related to pen-register and trap-and-trace violations on digital platforms while transferring enforcement power to the state Attorney General. The bill also seeks to retroactively impact certain pending claims, raising important questions about its implications for businesses facing the ongoing surge of CIPA litigation.

The U.S. Court of Appeals for the Seventh Circuit vacated a district court's approval of a class action settlement involving Clearview AI's facial recognition technology, finding that the nationwide class lacked adequate representation during settlement negotiations. The court held that when class members fall into distinct groups with potentially conflicting interests over settlement allocation, each group must have its own class representative with separate counsel to ensure fair representation.

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The Federal Trade Commission has finalized major amendments to the Children's Online Privacy Protection Act (COPPA), introducing stricter requirements for businesses that collect data from children under 13. With the April 22, 2026 compliance deadline now passed, companies must navigate expanded definitions of personal information, enhanced notice requirements, new consent mechanisms, and mandatory data retention policies that fundamentally reshape how online services interact with young users.

International travelers have long been aware that U.S. Customs and Border Protection (CBP) has broad authority to inspect luggage and other personal belongings at U.S. ports of entry.

Connecticut has significantly expanded and toughened its consumer privacy law. Under Senate Bill 1295 (Public Act 25-113), sweeping amendments to the Connecticut Data Privacy Act (CTDPA) took effect on July 1, 2026...