Privacy & Information Security Law Blog

On September 8, 2025, the U.S. Supreme Court issued an administrative stay temporarily preventing Rebecca Kelly Slaughter’s reinstatement to her former position as FTC Commissioner.

On September 10, 2025, the U.S. Department of Defense published its final rule amending the Defense Federal Acquisition Regulation Supplement to incorporate contractual requirements related to the Cybersecurity Maturity Model Certification program.

The authority of the California Privacy Protection Agency to examine companies’ conduct prior to the enactment of regulations implementing the California Consumer Privacy Act in 2023 recently has been challenged.  Last month, the CPPA announced that it had filed a petition in Sacramento County Superior Court to enforce an investigative subpoena against retailer Tractor Supply Company regarding the company’s privacy practices prior to January 1, 2023. This action marks the first time the Agency has publicly disclosed an ongoing investigation.

Qantas Airways recently announced that the company’s CEO and top executives would forfeit approximately half a million USD in compensation following a cyber incident that compromised the personal information of 5.7 million customers.

On September 4, 2025, the Court of Justice of the European Union issued a significant decision in the case EDPS v SRB C-413/23 P regarding pseudonymized data, holding that whether pseudonymized data constitutes personal data is a fact-specific determination.

On September 2, 2025, two class actions were filed in federal district court alleging that defendants digital advertising platforms Xandr, Inc. and Index Exchange, Inc. violated the Electronic Communications Privacy Act by unlawfully intercepting wire communications for the purpose of violating the Department of Justice’s Bulk Data Transfer Rule.

The U.S. Federal Trade Commission plans to study the impact of AI-powered chatbots on children’s mental health. 

The FTC recently announced that it had sent letters to more than a dozen technology companies reminding them of their obligation to protect American consumer data despite pressure from foreign governments to weaken data privacy and security protections.

A bill making its way through the California legislature (S.B. 361) would amend the California Delete Act to require data brokers to provide significantly more information in their registration applications with the California Privacy Protection Agency.

On September 3, 2025, the EU’s General Court issued its judgment in the Latombe v. Commission case. The applicant, a member of the French National Assembly, sought the annulment of the adequacy decision adopted by the European Commission with respect to the EU-U.S. Data Privacy Framework.