On February 25, 2019, California Attorney General Xavier Becerra and Senator Hannah-Beth Jackson introduced Senate Bill 561, legislation intended to strengthen and clarify the California Consumer Privacy Act (CCPA), which was enacted in June of 2018. If enacted, this would be the second amendment to the CCPA, following an earlier amendment in September of
California
Data Privacy Day – Special Report – California Consumer Privacy Act FAQs for Employers
Happy Data Privacy Day from the Jackson Lewis Privacy, Data and Cybersecurity Team!
In Honor of National Privacy Day, we are focused on what is sure to be one of the hottest issues of 2019 and present our FAQs for employers on the California Consumer Privacy Act (CCPA).
As you know, data privacy and security…
Privacy and Cybersecurity Issues to Watch in 2019
Privacy and cybersecurity risks continue to emerge for organizations large and small. While by no means exhaustive, we briefly discuss some key issues that organizations may need to focus on in 2019 and beyond.
Business Email Compromise (BEC)/Email Account Compromise (EAC) – BEC and EAC attacks are widespread and show no sign of slowing in…
California Consumer Privacy Act Amendment Signed Into Law
On September 23, 2018, Governor Jerry Brown signed into law SB-1121 amending certain provisions of the California Consumer Privacy Act of 2018 (CCPA) which was enacted in June of this year. As we reported previously, CCPA will apply to any entity that does business in the State of California and satisfies one or more…
California May Lower the Standing Threshold in Data Breach Litigation
A key issue for any business facing class action litigation in response to a data breach is whether the plaintiffs, particularly consumers, will have standing to sue. Standing to sue in a data breach class action suit, largely turns on whether plaintiffs establish that they have suffered an “injury-in-fact” resulting from the data breach. Plaintiffs…
California Governor Signs Into Law Groundbreaking Consumer Protection Law
As we reported earlier this week, California legislature Democrats reached a tentative agreement with a group of consumer privacy activists spearheading a ballot initiative for heightened consumer privacy protections, in which the activists would withdraw the existing ballot initiative in exchange for the California legislature passing, and Governor Jerry Brown signing into law, a similar…
California May Be Headed Towards Sweeping Consumer Privacy Protections
On June 21st, California legislature Democrats reached a tentative agreement with a group of consumer privacy activists spearheading a ballot initiative for heightened consumer privacy protections, in which the activists would withdraw the the existing ballot initiative in exchange for the California legislature passing, and Governor Jerry Brown signing into law, a similar…
New Mexico Enacts Data Breach Notification Act
On April 6, 2017, New Mexico Governor Susana Martinez signed HB 15, making New Mexico the 48th state to enact a data breach notification law. The law has an effective date of June 16, 2017 and follows the same general structure of many of the breach notification laws in other states.
Importantly, the definition of…
California Amends Its Data Breach Notification Law…Again
Under this most recent change to California’s breach notification laws (California Civil Code sections 1798.29 and 1798.82), which takes effect January 1, 2017, businesses and agencies subject to the laws can no longer assume that notification is not required when the personal information involved in the breach is encrypted.
Under current California law, notification of…
Employers Beware of Phishing Scams
On April 20, 2016, a class action lawsuit was filed in the United States District Court, Southern District of California against Sprouts Farmers Market, Inc. The lawsuit was initiated by a former employee whose W-2 was allegedly disclosed as part of a phishing scam that occurred in late March 2016 amid reports that Sprouts’ employees…