California Consumer Privacy Act

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If you are looking for a high-level summary of California laws regulating artificial intelligence (AI), check out the two legal advisories issued by California Attorney General Rob Bonta. The first advisory is directed at consumers and entities about their rights and obligations under the state’s consumer protection, civil rights, competition, and data privacy laws. The…

On November 8, 2024, the California Privacy Protection Agency (CPPA) voted to advance proposed regulations concerning automated decisionmaking technology. While the comment period is ongoing and we do not have final rules, we are taking a look at some key provisions to help businesses begin to assess the potential effects of these rules if made…

On November 8, 2024, the California Privacy Protection Agency (CPPA) voted to proceed with formal rulemaking regarding artificial intelligence (AI) and cybersecurity audits. This comes on the heels of the California Civil Rights Department moving forward with its own regulations about AI.

The current version of the proposed regulations covers several areas:

  1. Automated Decision-Making
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Data privacy and security risk and compliance issues relating to exchanges of personal information during merger, acquisition, and similar transactions can sometimes be overlooked. In 2023, we summarized an enforcement action resulting in a $400,000 settlement following a data breach that affected personal information obtained during a transaction.

California aims to bolster its California…

“Cybersecurity” has emerged as one of top risks facing organizations. Considering the steady stream of massive data breaches affecting millions (sometimes billions), the debilitating effects of ransomware on an organization’s information systems, the intrigue of international threat actors, and the mobilization and collaboration of national law enforcement to thwart these attacks, it’s no wonder. Notions…

The California Privacy Protection Agency (CPPA) issued its first enforcement advisory concerning the California Consumer Privacy Act (CCPA). In Enforcement Advisory No. 2024-01, the CPPA tackles a foundational principle – data minimization. Much of the attention surrounding the CCPA seems to focus on website privacy policies, notices at collection, and consumer rights requests. With…

The explosion of generative AI has spawned a wide range of personal and professional tools and applications. One noteworthy (no pun intended) example of those tools and applications is notetakers that can capture, transcribe, and organize the content discussed at meetings (virtual or otherwise), enabling participants to more meaningfully participate in the meeting/discussion. They can…

In 2023, a California superior court halted enforcement of any final California Privacy Protection Agency regulation implemented until a period of 12 months from the date that individual regulations became final. Based on the ruling, enforcement of the initial regulations passed in March 2023 could not commence until March 2024.

The California Privacy Protection Agency…

On October 8, 2023, Governor Newsom signed Assembly Bill (AB) 947. Effective January 1, 2024, the bill will revise the California Consumer Privacy Act (CCPA) definition of “sensitive personal information” to include personal information that reveals a consumer’s citizenship or immigration status.

Under the CCPA, consumers have certain rights with regard to their…

When the California Privacy Rights Act (CPRA) was enacted, it created the California Privacy Protection Agency (CPPA) and delegated to the CPPA significant regulatory authority. One of the areas of that authority is cybersecurity, which includes performing cybersecurity audits annually. On September 8, 2023, the CPPA considered a draft set of regulations that would establish…