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Data Collection & Management, Professional Perspective - Emerging Trends in the Social Media Age for Children's Data Privacy

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Melissa Crespo, Jonathan Newmark, and Carson Martinez, wrote this article that provides an overview of the evolution of the children's privacy regulatory landscape, current trends in legislation and enforcement, and takeaways for clients navigating this space.

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Melissa Crespo, Jonathan Newmark, and Carson Martinez, wrote this article that provides an overview of the evolution of the children's privacy regulatory landscape, current trends in legislation and enforcement, and takeaways for clients navigating this space. The article discusses foundational federal privacy legislation such as FERPA and COPPA, highlighting their historical enforcement and recent adaptations to evolving technologies. It also examines emerging federal and state legislation aimed at enhancing protections for minors' privacy and online safety, including proposed changes to COPPA and new state laws.The authors emphasize the importance for companies offering online services to stay ahead of regulatory changes by ensuring compliance with privacy and safety standards for minors. They conclude by recommending that companies consult with legal counsel to address specific compliance obligations and design platforms with minors' safety in mind.Read the <a href="https://www.bloomberglaw.com/external/document/X9LHDP7G000000/data-collection-management-professional-perspective-emerging-tre" target="_blank">full article</a> (subscription may be required).

Data Collection & Management, Professional Perspective - Emerging Trends in the Social Media Age for Children's Data Privacy

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Melissa Crespo helps clients navigate a wide range of challenging privacy compliance and data security matters with a focus on the health information and the health care sector. She regularly helps clients develop and implement privacy compliance programs and advises companies on managing risk in connection with cutting-edge technologies and data initiatives.Melissa has particular experience in advising clients on compliance with the Health Insurance Portability and Accountability Act (HIPAA) and other laws governing the collection and use of medical and health information.Melissa regularly counsels clients responding to data breaches and security incidents. She has successfully defended clients in numerous regulatory inquiries regarding data security practices, including investigations by the Federal Trade Commission, the U.S. Department of Health and Human Services, state attorneys general, and foreign regulators following data security incidents.Melissa also advises multinational companies on the privacy and data security aspects of their M&A transactions and has experience drafting and negotiating tailored privacy and data security contract provisions.In 2019, 2020, and 2021, The Legal 500 US recognized Melissa as a “Rising Star” in the area of cyber law, data privacy, and data protection. In 2016, she was shortlisted for the “Future Leader – Gender Diversity” award at the inaugural Chambers USA Diversity Awards. Melissa was a 2015 recipient of the Burton Award for Legal Achievement, which honors excellence in legal writing.Melissa earned her J.D., cum laude, from Howard University School of Law.

Melissa Crespo

Partner

﻿Jonathan Newmark is an of counsel in Morrison Foerster’s Privacy + Data Security Group. He advises clients across industries on data protection best practices, national and international regulatory compliance, information governance, product development, consumer trust and safety, transaction diligence, crisis management, and cyber incident response.Jonathan counsels clients ranging from emerging to late-stage to public companies in a variety of industries on complex data privacy and cybersecurity issues related to local, global, and industry-specific legal frameworks, including the Health Insurance Portability and Accountability Act (HIPAA), the General Data Protection Regulation (GDPR) and the ePrivacy Directive, the EU-U.S. Data Privacy Framework, state and federal wiretapping laws, the California Privacy Rights Act (CCPA/CPRA), the Telephone Consumer Protection Act (TCPA), the Illinois Biometric Information Privacy Act (BIPA), the Children’s Online Privacy Protection Act (COPPA), the Fair Credit Reporting Act (FCRA), and the Gramm-Leach-Bliley Act (GLBA).As part of his practice, Jonathan has negotiated data transfer and processing agreements, implemented vendor risk management programs, developed information security policies and procedures, guided product development and design, and advised on corporate transactions. Jonathan has also coached clients through largescale data breaches and regulatory scrutiny related to information security and consumer protection, which has included representing clients in front of the Federal Trade Commission (FTC), the New York and Massachusetts attorneys general, and foreign regulators.Jonathan’s representative matters have comprised designing and implementing a large social media organization’s internal technical investigation related to the 2016 U.S. presidential election, advising on the development of a large technology company’s metaverse platform, designing trust and safety programs for an artificial intelligence chatbot application and a teen social media platform, and coaching a mobile banking business through cooperation with the Department of Justice and law enforcement authorities in consumer fraud investigations.Jonathan also maintains an extensive pro bono practice, which has included counseling nonprofit organizations on data protection best practices as well as successfully representing LGBTQ+ and other refugees in their applications for asylum and immigration status in the United States.Jonathan is designated as a Certified Information Privacy Professional (CIPP/US) by the International Association of Privacy Professionals.Jonathan received his J.D. from Columbia Law School, where he was recognized as a Harlan Fiske Stone Scholar. He received his B.A. from Harvard College, where he graduated cum laude.

Jonathan Newmark

Of Counsel

Carson Martinez is an associate in the Litigation Department of Morrison Foerster’s Boston office.Carson’s practice focuses on privacy and data security and consumer protection matters, with particular experience in compliance.Before joining Morrison Foerster, Carson was a summer associate at MoFo. Prior to her legal career, she advised cross-sector clients on policy matters pertaining to consumer health data privacy for a think tank. Additionally, Carson conducted compliance readiness assessments for the General Data Protection Regulation, California Consumer Privacy Act, and other privacy laws during her time at a major consulting firm.Carson received her J.D., cum laude, from the Boston University School of Law, where she served as editor of the Journal of Science and Technology Law. Carson received her B.S. in neuroscience from New York University and M.A. in bioethics and science policy from Duke University. During her time at NYU and Duke, she researched and worked on the policy and societal implications of emerging neuroscience and neurotechnologies at a think tank focused on neuroethics.

Carson Martinez

Associate

Privacy + Data Security Litigation