On January 1, 2023, Virginia’s Consumer Data Protection Act (CPDA) takes effect. Key features of the CPDA include expansive consumer privacy rights (right to access, right of rectification, right to delete, right to opt-out, right of portability, right against automatic decision making), a broad definition of “personal information”, the inclusion of a “sensitive data” category
Jason C. Gavejian
Jason C. Gavejian is the office managing principal of the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and a member of the firm’s Board of Directors. He is also a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals.
As a Certified Information Privacy Professional (CIPP/US), Jason focuses on the matrix of laws governing privacy, security, and management of data. Jason is co-editor of, and a regular contributor to, the firm’s Privacy blog.
Jason's work in the area of privacy and data security includes counseling international, national, and regional companies on the vast array of privacy and security mandates, preventive measures, policies, procedures, and best practices. This includes, but is not limited to, the privacy and security requirements under state, federal, and international law (e.g., HIPAA/HITECH, GDPR, California Consumer Privacy Act (CCPA), FTC Act, ECPA, SCA, GLBA etc.). Jason helps companies in all industries to assess information risk and security as part of the development and implementation of comprehensive data security safeguards including written information security programs (WISP). Additionally, Jason assists companies in analyzing issues related to: electronic communications, social media, electronic signatures (ESIGN/UETA), monitoring and recording (GPS, video, audio, etc.), biometrics, and bring your own device (BYOD) and company owned personally enabled device (COPE) programs, including policies and procedures to address same. He regularly advises clients on compliance issues under the Telephone Consumer Protection Act (TCPA) and has represented clients in suits, including class actions, brought in various jurisdictions throughout the country under the TCPA.
CPPA Board Publishes Second Modification to CPRA Regulations
In June 2022, the California Privacy Protection Agency (CPPA) Board first started discussions about revising the regulations previously released by the California Attorney General.
In October, the Board released proposed modifications to the regulations in advance of a planned Board meeting. Since then, the Board has rescheduled both Board and public meetings.
The Board…
CPPA Board Publishes Proposed Modifications to CPRA Regulations in Advance of October Meeting
On October 21 and 22, the California Privacy Protection Agency (CPPA) Board will meet to discuss possible action regarding the proposed regulations for the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).
Previously, in June 2022, the Board met to discuss revising the regulations previously released by the California Attorney General.
Amendment to CMIA Regarding Mental Health and Mental Health Apps
California passed Assembly Bill (AB) 2089, which amends the Confidentiality of Medical Information Act (CMIA) to include mental health application information under the definition of medical information. Under the revisions to CMIA, mental health application information is defined as information related to a consumer’s inferred or diagnosed mental health or substance use disorder, as…
California Consumer Privacy Act FAQs: Employment Information
1. What’s changing?
Under the current version of the California Consumer Privacy Act (“CCPA”), an employer’s obligations related to the personal information it collects from employees, applicants, and contractors residing in California (collectively, “Employment Information”) are relatively limited. Specifically, it needs to (1) provide those individuals a “notice at collection” that discloses the categories of…
California Adopts Law that Seeks to Protect Children’s Online Privacy
California’s Governor signed Assembly Bill (AB) 2273, the first of its kind state legislation that requires businesses that provide online services, products, or features likely to be accessed by children to comply with specified standards.
Building on federal protections for children online under the Children’s Online Privacy Protection Act (COPPA), AB 2273 enacts the…
Employers Get Ready – CCPA Employee and B2B Exemptions End, Expanded Privacy Compliance Begins in 2023
For the past few years, California’s comprehensive privacy law known as the California Consumer Privacy Act (“CCPA”) included an important partial exemption for employees, applicants, and independent contractors (collectively, “workforce members”). The California Privacy Rights Act, which amended the CCPA, extended the exemption through December 31, 2022. While many expected the exemption would be extended,…
New York State Bar Adds Cybersecurity, Privacy, and Data Protection as New CLE Category
On August 17, 2022, New York announced an amendment to the Continuing Legal Education (CLE) Program Rules, which adds a requirement for attorneys to complete at least one CLE credit hour in Cybersecurity, Privacy, and Data Protection as part of fulfilling their CLE requirements.
New York barred attorneys will be required to comply starting July …
Federal Trade Commission Considers Rulemaking Pertaining to Consumer Privacy & Data
On August 11, 2022, the Federal Trade Commission (FTC) announced proposed rulemaking pertaining to “commercial surveillance and lax data security.” However, the overall focus of the potential rulemaking is consumer privacy and data security. The FTC states in its notice that its “extensive enforcement and policy work over the last couple of decades on consumer…
Don’t Forget About Other Data Laws When It Comes to Connecticut Privacy Requirements
While the federal government attempts to move forward with a more uniform national law, Connecticut joined California, Colorado, Utah, and Virginia in passing a comprehensive consumer privacy law.
The legislation signed by Connecticut’s governor in May 2022, will take effect on July 1, 2023. However, provisions related to a task…