Image result for alexa recordingCalifornia keeps making privacy headlines for its trailblazing California Consumer Privacy Act (“CCPA”), set to take effect January 1, 2020, but there is another set of privacy bills making its way through the California state legislature, that, if passed, will provide consumers with further privacy protections.

The “Your Data Your Way” initiative, comprised of four legislative bills and a non-binding resolution, is a privacy plan introduced by several Republican Assembly members in January on National Privacy Day, that has passed California’s Committee on Privacy and Consumer Protection (“the Committee”), and is now headed to the Assembly for a potential vote, followed by the Senate. Each bill has already been revised to some extent during the Committee process, and will likely experience further revisions along the way.

Below are some highlights from the four “Your Data, Your Way” initiative bills:

  • AB 1035 An amendment to California’s data breach notification bill, sponsored by Assemblyman Chad Mayes, would require covered businesses to notify affected individuals of a data breach within 45 days of discovery of the breach. The bill originally included a 72-hour data breach notification requirement, similar to the GDPR, but this was revised during the Committee process.
  • AB 1395 Virtual assistants, such as Alexa, have raised concerns about unintended recording of conversations and utterances by users. Sponsored by Assemblyman Jordan Cunningham, this bill would limit data collection conducted by tech companies via these devices. Specifically, the bill includes a prohibition on data storage and marketing of recorded voice commands without prior consumer consent.
  • AB 288 Another bill sponsored by Assemblyman Cunningham on social media privacy, would allow “social networking service” users that close their account the option to have their personally identifiable information (PII) permanently removed from the company’s database and would prohibit the company from selling this PII to, or exchanging the PII with a third-party, subject to a few exceptions.
  • AB 1138 Assemblyman James Gallagher’s bill, AB 1138 would require social media websites and apps to obtain parental consent before creating the account of a child under the age of 13. This builds on California’s Parent’s Accountability and Child Protection Act (AB 2511), which becomes effective on January 1, 2020. AB 2511 requires a person or business conducting business in California and that seeks to sell certain products or services to take reasonable steps, as specified, to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser.

In addition, as part of the “Your Data, Your Way” initiative, a non-binding resolution entitled “21st Century Monopolies” was introduced, calling on the Federal Trade Commission (FTC) and Congress to update the federal anti-trust laws in order to more effectively protect consumers.

As recently touched on by Charlie Warzel in an opinion piece entitled, “We are Drowning in Data” in the newly established New York Times Privacy Project, we still cannot fathom the extent to which technology will cause an expansion in the already exorbitant amount of ways our personal data is collected. Innovation continues to outpace technology, but California is certainly trying to keep up!

Print:
EmailTweetLikeLinkedIn
Photo of Joseph J. Lazzarotti Joseph J. Lazzarotti

Joseph J. Lazzarotti is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP)…

Joseph J. Lazzarotti is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and management of data, as well as the impact and regulation of social media. He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to employee benefit plans.

Privacy and cybersecurity experience – Joe counsels multinational, national and regional companies in all industries on the broad array of laws, regulations, best practices, and preventive safeguards. The following are examples of areas of focus in his practice:

  • Advising health care providers, business associates, and group health plan sponsors concerning HIPAA/HITECH compliance, including risk assessments, policies and procedures, incident response plan development, vendor assessment and management programs, and training.
  • Coached hundreds of companies through the investigation, remediation, notification, and overall response to data breaches of all kinds – PHI, PII, payment card, etc.
  • Helping organizations address questions about the application, implementation, and overall compliance with European Union’s General Data Protection Regulation (GDPR) and, in particular, its implications in the U.S., together with preparing for the California Consumer Privacy Act.
  • Working with organizations to develop and implement video, audio, and data-driven monitoring and surveillance programs. For instance, in the transportation and related industries, Joe has worked with numerous clients on fleet management programs involving the use of telematics, dash-cams, event data recorders (EDR), and related technologies. He also has advised many clients in the use of biometrics including with regard to consent, data security, and retention issues under BIPA and other laws.
  • Assisting clients with growing state data security mandates to safeguard personal information, including steering clients through detailed risk assessments and converting those assessments into practical “best practice” risk management solutions, including written information security programs (WISPs). Related work includes compliance advice concerning FTC Act, Regulation S-P, GLBA, and New York Reg. 500.
  • Advising clients about best practices for electronic communications, including in social media, as well as when communicating under a “bring your own device” (BYOD) or “company owned personally enabled device” (COPE) environment.
  • Conducting various levels of privacy and data security training for executives and employees
  • Supports organizations through mergers, acquisitions, and reorganizations with regard to the handling of employee and customer data, and the safeguarding of that data during the transaction.
  • Representing organizations in matters involving inquiries into privacy and data security compliance before federal and state agencies including the HHS Office of Civil Rights, Federal Trade Commission, and various state Attorneys General.

Benefits counseling experience – Joe’s work in the benefits counseling area covers many areas of employee benefits law. Below are some examples of that work:

  • As part of the Firm’s Health Care Reform Team, he advises employers and plan sponsors regarding the establishment, administration and operation of fully insured and self-funded health and welfare plans to comply with ERISA, IRC, ACA/PPACA, HIPAA, COBRA, ADA, GINA, and other related laws.
  • Guiding clients through the selection of plan service providers, along with negotiating service agreements with vendors to address plan compliance and operations, while leveraging data security experience to ensure plan data is safeguarded.
  • Counsels plan sponsors on day-to-day compliance and administrative issues affecting plans.
  • Assists in the design and drafting of benefit plan documents, including severance and fringe benefit plans.
  • Advises plan sponsors concerning employee benefit plan operation, administration and correcting errors in operation.

Joe speaks and writes regularly on current employee benefits and data privacy and cybersecurity topics and his work has been published in leading business and legal journals and media outlets, such as The Washington Post, Inside Counsel, Bloomberg, The National Law Journal, Financial Times, Business Insurance, HR Magazine and NPR, as well as the ABA Journal, The American Lawyer, Law360, Bender’s Labor and Employment Bulletin, the Australian Privacy Law Bulletin and the Privacy, and Data Security Law Journal.

Joe served as a judicial law clerk for the Honorable Laura Denvir Stith on the Missouri Court of Appeals.