Data Privacy + Cybersecurity Insider
ENFORCEMENT + LITIGATION
RealPage Antitrust Consent Decree Proposed
In August 2024, the Department of Justice (DOJ) and eight states filed a civil antitrust lawsuit against RealPage Inc., alleging its software was used to unlawfully decrease competition among landlords and maximize profits. Last week, the DOJ, now joined by ten states, filed an amended complaint alleging that landlords Greystar Real Estate Partners LLC, Blackstone’s LivCor LLC, Camden Property Trust, Cushman & Wakefield Inc., Pinnacle Property Management Services LLC, Willow Bridge Property Company LLC, and Cortland Management participated in the price-fixing scheme. These companies operate over 1.3 million residential units across 43 states and the District of Columbia. Read More
HIPAA AND HEALTH INFORMATION
What to Know About the HHS HIPAA Security Standards Proposal
At the close of 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) issued a Notice of Proposed Rulemaking (the Proposed Rule) to amend the Security Rule regulations established for protecting electronic health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The updated regulations would increase cybersecurity protection requirements for electronic protected health information (ePHI) maintained by covered entities and their business associates to combat rising cyber threats in the health care industry. Read More
ARTIFICIAL INTELLIGENCE
California AG Issues AI-Related Legal Guidelines for Developers and Healthcare Entities
The California Attorney General published two legal advisories this week. These advisories seek to remind businesses of consumer rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, CCPA), and to advise developers who create, sell, or use artificial intelligence (AI) about their obligations under the CCPA. Read More
New Jersey AG Says Anti-Discrimination Law Covers Algorithmic Discrimination
Last week, New Jersey Attorney General Matthew Platkin announced new guidance that the New Jersey Law Against Discrimination (LAD) applies to algorithmic discrimination, i.e., when automated systems treat people differently or negatively based on protected characteristics. This can happen with algorithms trained on biased data or with systems designed with biases in mind. Read More
The CIO-CMO Collaboration: Powering Ethical AI and Customer Engagement
The rapid advancement of artificial intelligence (AI) technologies is reshaping the corporate landscape, offering unparalleled opportunities to enhance customer experiences and streamline operations. At the intersection of this digital transformation lie two key executives—the Chief Information Officer (CIO) and the Chief Marketing Officer (CMO). This dynamic duo, when aligned, can drive ethical AI adoption, ensure compliance, and foster personalized customer engagement powered by innovation and responsibility. Read More
PRIVACY TIP
TikTok users are seeking alternate platforms to share and view content as the U.S. is set to ban the popular social media app on January 19, 2025. Instead of turning to U.S.-based companies like Facebook or Instagram, users are flocking to another Chinese app called Xiaohongshu, also known as RedNote. Read More
NEWS AND EVENTS
Linn Freedman Quoted in Cybersecurity Law Report on the FTC’s Crackdown on Sensitive Data Location
Data Privacy + Cybersecurity practice chair Linn Freedman was quoted in a Cybersecurity Law Report article titled “How to Adjust to the FTC’s Crackdown on Sensitive Location Data” published on January 8, 2025. In the article, Linn offers insight on the Federal Trade Commission’s (FTC) concentrated enforcement actions concerning the location, storage, and use of sensitive consumer data, key compliance steps companies should consider, and data profiling. Throughout 2024, the FTC settled four major cases terminating four data brokers’ sales of precise geolocation information and posted a warning of the dangers of improperly using consumer data location.
“To get this strong of a message in four enforcement actions in one year shows that this is an area of concentration,” Linn said. “No data broker should be surprised going forward.”
Linn added that data brokers “have a big job ahead of them” to “evaluate what they’re doing with the precise geolocation they are gathering or geofencing that they’re doing on mobile devices, how they’re getting the data, [and] what they’re doing with the data.” In addition, she noted the FTC’s heightened scrutiny of location data use being “much broader than sensitive locations” since “the location can be aggregated with other information about the individual to make certain assumptions about them.” The FTC’s scrutiny tethers with consumer concerns about inferences that could be drawn from the data and Linn emphasizes that companies should keep in mind “what the consumer would think is a sensitive location.” Read the article.



