Tag Archives: CCPA

Prop 24 (California Privacy Rights Act) Extends CCPA’s Anti-Discrimination/Retaliation Provision to Employees, Applicants, and Independent Contractors.

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

California Passes Prop 24: Here Comes CCPA 2.0

It goes without saying that November 3rd 2020 was an important day for the future of the nation, but it was also a significant day for the future of California privacy law.  On Tuesday, a strong majority of California voters supported Proposition 24, a ballot measure which aims to expand and enhance the California Consumer … Continue Reading

California DOJ Announces a Third Set of Modifications to the CCPA Regulations

Back in August, after much anticipation and several rounds of review and modification, the California Consumer Privacy Act (CCPA) regulations finally became effective. This was long awaited by businesses and their service providers looking for compliance guidance and clarity on key issues related to facilitation of consumer rights.  This week, the California Department of Justice … Continue Reading

The CCPA’s “B2B” Exemption Is Also Extended by Governor Newsom

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

California Governor Newsom Signs into Law Extension to CCPA Employee Personal Information Exemption, Vetoes Another Privacy Bill

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

California Assembly Passes CCPA Amendment: Employee Personal Information Exemption Extension

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

NSA Releases Helpful Guidance for Limiting Location Data Exposure

The National Security Agency (NSA) recently released helpful guidance on how to effectively limit location data exposure for its staffers, which also can be helpful information for the general public. Businesses likely will have different perspectives about location data than the NSA, which is trying to protect its staffers and its vital national security missions. … Continue Reading

Is Personal Information of Retirement Plan Participants an ERISA Plan Asset?

A little more than one year ago, we reported on a settlement (Cassell et al. v. Vanderbilt University, et al.) involving the alleged wrongful use of personal information belonging to retirement plan participants, claimed to be “plan assets.” This year, similar claims have been made against Shell Oil Company in connection with its 401(k) plan. Retirement … Continue Reading

CCPA Litigation is on the Rise: Is Your Organization Prepared?

On January 1, 2020 the California Consumer Privacy Act (CCPA) took effect. Largely considered the most expansive U.S. privacy law to date, there has been much anticipation over the impact the law will have on the privacy litigation landscape. Although the California Attorney General’s (“AG”) enforcement authority only begins on July 1, this has not … Continue Reading

The California Privacy Rights Act (“CPRA”) Headed to the November 2020 Ballot

As we recently reported, the privacy-right activist group that sponsored the California Consumer Privacy Act (“CCPA”) – Californians for Consumer Privacy – is pushing for an even more stringent privacy bill, the California Privacy Rights Act (“CPRA”). The CRPA has now qualified for the November 3, 2020 ballot, gathering more than 600,000 valid signatures as required, according … Continue Reading

CCPA 2.0 – More Privacy Legislation in the Golden State?

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

California AG Urges Consumers to be Vigilant While Online During the COVID-19 Pandemic

With California’s mandatory COVID-19 stay-at home orders impacting some 40 million people by forcing the vast majority of them to connect remotely to work, go to school, order necessities, socialize and do many other things, California’s Attorney General Xavier Becerra recently issued an alert reminding consumers of their privacy rights and to encourage them to … Continue Reading

Federal COVID-19 Consumer Data Protection Bill Introduced

As the COVID-19 pandemic presses on, legislators and regulators continue to remind the public of the importance of data security and privacy protections. On April 30th, U.S. Senator Roger Wicker (R-Miss), Chairman of the Senate Committee on Commerce, Science, and Transportation, announced plans to introduce (jointly with several co-sponsors) the COVID-19 Consumer Data Protection Act. … Continue Reading

HIPAA Privacy Rule Waiver, Other Medical Information Questions During the COVID-19 Pandemic

As the coronavirus spreads across the globe and in the United States, providers, businesses, employers, and others are struggling to understand what medical information they can collect and what information they can share. These are difficult questions the answers to which involve considering factors such as long-standing compliance requirements (e.g., HIPAA, ADA, GINA, state law), … Continue Reading

California AG Urges Congress Not to Preempt the CCPA

Earlier this month, California Attorney General (“AG”) Xavier Becerra sent a letter to several members of U.S. Congress, providing an update on the implementation of the newly effective California Consumer Privacy Act (CCPA), and urging Congress not to enact a federal law that would preempt the CCPA and other state consumer privacy measures. Instead, AG … Continue Reading

Requests to Know under the CCPA: Practical Compliance Tips

The much anticipated California Consumer Privacy Act (“CCPA”) is now in effect (as of January 1, 2020), and as we’ve recently reported, class action litigation under the CCPA has already begun.  Organizations should have already assessed whether their business is subject to the new law and if so, taken steps to ensure compliance.  Likely, one … Continue Reading

CA Attorney General Updates CCPA Proposed Regulations

Many businesses and their service providers have been awaiting final guidance from the California Attorney General concerning the California Consumer Privacy Act (CCPA). When news came last Friday of a regulatory update (“Update”), there may have been some initial disappointment that the Update did not announce final regulations, but only revisions to existing proposed regulations … Continue Reading

CCPA Data Breach Class Action Litigation Begins

As reported by Bloomberg Law, data breach class action litigation has begun under the California Consumer Privacy Act (CCPA). Filed in the Northern District of California, San Francisco Division, a putative class action lawsuit against Hanna Andersson, LLC and its ecommerce platform provider, Salesforce.com, alleges negligence and a failure to maintain reasonable safeguards, among other … Continue Reading

Verifying CCPA Requests to Know and Requests to Delete

With the California Consumer Privacy Act (CCPA) effective for nearly one month, businesses continue to grapple with the many components of this new privacy framework. A key component of the CCPA is granting consumers the right to request information about and to exercise some control over their personal information. Developing sufficient mechanisms to receive, process … Continue Reading

Privacy & Cybersecurity Issues to Watch in 2020

2020 may very well be the most impactful year for data privacy and cybersecurity in the United States. In honor of Data Privacy Day, we discuss some of the reasons why that may be the case. In short, as privacy and cybersecurity risks continue to emerge for organizations large and small, the law is beginning … Continue Reading

Websites: A Growing Compliance Concern – CCPA, HIPAA, Accessibility, State Laws…

Websites play a vital role for organizations. They facilitate communication with consumers, constituents, patients, employees, and the general public. They project an organization’s image and promote goodwill, provide information about products and services and allow for their purchase. Websites also inform investors about performance, enable job seekers to view and apply for open positions, and … Continue Reading

The Case that Sparked the CCPA Gets an FTC Final Order

Recently, the U.S. Federal Trade Commission issued an important opinion, concluding that Cambridge Analytica, LLC, the data analytics and consulting company, engaged in “deceptive practices to harvest personal information” of tens of millions social media users, by way of using their data from a company developed app, GSRapp, for voter profiling purposes without the users’ … Continue Reading

CCPA Is Here, and it Does Have Requirements for Employees, Applicants, etc.

Some business leaders and HR professionals may be waking up this morning not realizing they must provide a “Notice at Collection” to some or all of their employees and applicants under the new California Consumer Privacy Act (CCPA). This is not surprising given the confusion during 2019 about whether this law would reach that far. The … Continue Reading

Personal Information, Private Information, Personally Identifiable Information…What’s the Difference?

When privacy geeks talk “privacy,” it is not uncommon for them to use certain terms interchangeably –personal data, personal information, personally identifiable information, private information, individually identifiable information, protected health information, or individually identifiable health information. They might even speak in acronyms – PI, PII, PHI, NPI, etc. Blurring those distinctions might be OK for … Continue Reading
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