Virginia may be the first state to follow California’s lead on consumer privacy legislation, but it certainly will not be the last. The International Association of Privacy Professionals (IAPP) observed, “State-Level momentum for comprehensive privacy bills is at an all-time high.” The IAPP maintains a map of state consumer privacy legislative activity, with in-depth analysis comparing key provisions. … Continue Reading
The California Privacy Rights Act (CPRA), passed in November, 2020, added to the California Consumer Privacy Act (CCPA) an express obligation for covered businesses to adopt reasonable security safeguards to protect personal information. The CPRA also clarified the CCPA’s private right of action for consumers whose personal information is breached due to a failure to implement … Continue Reading
When California voters approved Proposition 24, the California Privacy Rights Act (CPRA), on November 3, 2020, the result was to substantially amend the California Consumer Privacy Act (CCPA) which became effective only 10 months earlier. We outlined the basic rules for determining when the CCPA applies, and summarize here the changes made by the CPRA. … Continue Reading
In honor of Data Privacy Day, we provide the following “Top 10 for 2021.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2021. COVID-19 privacy and security considerations. During 2020, COVID-19 presented organizations large and small with new and unique data privacy and security … Continue Reading
The CCPA has reached the one-year mark. This is a good time for businesses to review the success of their compliance programs and recalibrate for the CCPA’s second year. Here are a few suggestions to kick off that review: Privacy Policies. The CCPA requires a business to update the information in its privacy policy or … Continue Reading
Record retention and records management policies are key elements for a company’s data protection program. Numerous recently enacted, or amended, data protection laws adopt data retention or storage limitation principles to safeguard personal information. Companies that do not have clearly defined record retention practices should take notice. Companies with existing practices should review those practices … Continue Reading
The California Privacy Rights Act of 2020 (CPRA) becomes operative on January 1, 2023. Among its numerous amendments and additions to the existing California Consumer Privacy Act (CCPA), the CPRA expands the definition of Personal Information. Specifically, it adds the category of Sensitive Personal Information. This new category tracks the EU General Data Protection Regulation’s … Continue Reading
On November 3, 2020, Californians approved another significant piece of privacy rights legislation, the California Privacy Rights Act, or the CPRA. The CPRA amends and expands the already (almost) infamous CCPA (California Consumer Privacy Act), which is the privacy law that went into effect in the Golden State last year. New Rights under CPRA The … Continue Reading
During the California Consumer Privacy Act’s (“CCPA”) amendment process prior to enactment, personal information in the employment context was highly contested and has continued to be a point of deliberation even after the CCPA’s effective date last January 1, 2020. CCPA excludes certain employment-related personal information from most of the act’s requirements until January 1, … Continue Reading
By signing AB 1281 into law on September 29th, 2020, California Governor Gavin Newsom amended the California Consumer Privacy Act (“CCPA”) to extend until January 1, 2022, not only the current exemption on employee personal information from most of the CCPA’s protections, but also the so-called “B2B” exemption. Welcomed by many “B2B” (business to business) … Continue Reading
On September 29th, California Governor Gavin Newsom signed into law AB 1281, an amendment to the California Consumer Privacy Act (“CCPA”) that would extend the current exemption on employee personal information from most of the CCPA’s protections, until January 1 2022. The exemption on employee personal information was slated to sunset on December 31, 2020. … Continue Reading
The California Consumer Privacy Act (“CCPA”) has only been in effect since January, but amendments are already on the horizon. Personal information in the employment context was highly contested during the CCPA’s amendment process prior to enactment and has continued to be a point of deliberation even after the CCPA’s effective date. In its current … Continue Reading
Most companies continue to grapple with compliance with the California Consumer Privacy Act (“CCPA”), which went into effect in January. Companies have overhauled their privacy programs and policies and designed new systems to comply with the CCPA. Now, the privacy-right activist group that sponsored the CCPA – Californians for Consumer Privacy – is pushing for … Continue Reading
