The Roof Is On Fire: Data Breach And Incident Response

California's 2026 legislative session concluded with Governor Newsom signing several landmark privacy and AI bills into law, including comprehensive child safety measures, AI auditor oversight frameworks, and expanded data protection requirements. How will these new regulations reshape digital advertising, workplace AI deployment, and online platform obligations for businesses operating in California?

California's Senate Bill 690 eliminates the private right of action for pen register claims under CIPA when violations arise from website or mobile app tracking technologies, leaving enforcement solely to the Attorney General. The bill applies retroactively to claims filed after January 1, 2025, and awaits Governor Newsom's signature with an operative date of January 1, 2027.

California Senate Bill 690 has passed, amending the California Invasion of Privacy Act by eliminating the private right of action for Section 638.51 claims. Kristine Argentine and Paul Yovanic Jr. discuss the implications of this legislative change and what businesses should expect when the amendment takes effect on January 1, 2027.

A recent Seventh Circuit decision is a reminder of BIPA’s financial institution GLBA exceptions. In that case, the court held that a vendor to GLBA-regulated entities was exempt from Illinois’ biometric law.

California's Legislature has unanimously passed SB 690, a landmark reform that could eliminate thousands of pending class action lawsuits based on website tracking technologies under the California Invasion of Privacy Act. The bill removes the private right of action for pen register claims arising from routine web analytics tools, potentially reshaping the data privacy litigation landscape while companion bills simultaneously expand substantive privacy obligations.

Delaware Governor Matt Meyer has signed H.B. 380, dramatically expanding the Delaware Personal Data Privacy Act to include stringent third-party contracting requirements, broader sensitive data protections, and lower jurisdictional thresholds. The amendments introduce California-style due diligence obligations for data disclosures, expand sensitive data categories to include neural data and financial information, and impose new profiling requirements that extend even to employment contexts. These changes po

California's Senate Bill 690 represents a pivotal legislative response to the explosion of website-tracking lawsuits under the California Invasion of Privacy Act, specifically targeting claims brought under the pen-register provision that have generated thousands of cases since 2022. While the bill would eliminate private plaintiffs' ability to pursue these particular claims involving digital tracking technologies, it leaves other CIPA provisions intact and raises questions about how the litigation landscap

New York Attorney General Letitia James has released final rules for the Stop Addictive Feeds Exploitation (SAFE) for Kids Act. The law was signed in 2024, but the effective date was triggered by the release of these rules.

California's State Legislature has passed five major privacy bills addressing private litigation restrictions, expanded deletion rights, children's online safety, sensitive data protections, and user privacy settings. These measures, now awaiting Governor Newsom's signature, could fundamentally reshape how businesses handle consumer data and face privacy-related lawsuits in the state.

On September 2, 2026, Delaware’s Governor signed House Bill (HB) 380 and HB 381. HB 380 amends the Delaware Personal Data Privacy Act (DPDPA), which was enacted in 2023 and became effective January 1, 2025. HB 381 separately amends Delaware’s computer security breach notification law.