On May 24, 2024, the Minnesota Governor signed the Minnesota Consumer Data Privacy Act (“MCDPA”), making Minnesota the eighteenth state to enact a comprehensive privacy law. The new law takes effect on July 31, 2025, for most regulated entities, with
retention
“Forever and forever, farewell”: FTC prohibits indefinite retention of PHI in consent order
On February 1, 2023, the Federal Trade Commission announced a complaint and stipulated order with GoodRx, with the FTC using for the first time its interpretation of the Health Breach Notification Rule. Under the Rule, the FTC interpreted a…
Another fine for over-retention of data


A third regulator has recently entered into a proposed consent that includes a $500,000 fine based in part on a company’s over-retention of personal data for longer than it was needed. The first regulator was the French data protection authority, the CNIL, in 2021, which we wrote about here. The second regulator was the New York Attorney General in January of 2022, which we described here. And the third is the U.S. Federal Trade Commission, which issued a proposed consent with the current and former owners of CafePress on March 15.
Australia: Metadata retention commences, but breach notification is delayed
On 13 October 2015, substantial amendments to the Australian Telecommunications (Interception and Access) Act 1979 (Cth) (TIA) took effect to introduce a new metadata retention scheme into the TIA. This scheme requires telecommunications carriers and internet service providers (telcos) operating in Australia to maintain records of certain telecommunications data, known as ‘metadata’, for a period of two years.