Tag Archives: consumer privacy

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

Will the Public Health Emergency Privacy Act Make it into the Next Stimulus Package?

Despite several attempts, Congress has struggled to push forward a federal consumer privacy law over the past few years. But the COVID-19 pandemic, which has raised concerns regarding location monitoring, GPS tracking and use of health data, has heightened the urgency for federal consumer privacy legislation. In May, a group of Democrats from the U.S. … Continue Reading

Supreme Court Will Take on The TCPA Again

Back in October of 2019, the U.S. Supreme Court was petitioned to review a Ninth Circuit ruling regarding the Telephone Consumer Privacy Act (“TCPA”) on the following issues: 1) whether the TCPA’s prohibition on calls made by an automatic telephone dialing system (“ATDS”) is an unconstitutional restriction of speech, and if so whether the proper … Continue Reading

Supreme Court Weighs in on TCPA Constitutionality

In a much-anticipated Supreme Court decision, Barr v. American Association of Political Consultants, sure to impact the future of the Telephone Consumer Protection Act (“TCPA”), the Court addressed the issue of whether the government-debt exception to the TCPA’s automated-call restriction violates the First Amendment, and whether the proper remedy for any constitutional violation is to … 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

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

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 Update: AG Announces Proposed Regulations, Governor Signs Amendments into Law

Lots of action for the California Consumer Privacy Act (CCPA) in the last few days! After much anticipation, on October 10th, 2019, California Attorney General Xavier Becerra (“the AG”) announced the Proposed Regulations for the CCPA.  The next day, California Governor Gavin Newsom signed into law six amendments to the CCPA. Below is a summary of … Continue Reading

Celebrate National Cybersecurity Awareness Month with CCPA FAQs!

October is National Cybersecurity Awareness Month (NCSAM)! NCSAM is an annual event designed by the U.S. Department of Homeland Security (DHS) and co-led by the Cybersecurity and Infrastructure Security Agency (CISA) and National Cybersecurity Alliance (NCSA). NCSAM is a collaborative effort by both government and industry leaders intended to enhance public awareness regarding cybersecurity . … Continue Reading

CCPA: Expansive Array of Consumer Rights Imposes Rigorous Compliance Burden

For years now, state laws have required subject organizations to provide notification to affected data subjects and, in some instances, to state agencies, consumer reporting agencies, and the media, when they experience a “breach” of certain categories of information.  And a growing number of states – including California, Colorado, Connecticut, Maryland, Massachusetts, Texas, and, most … Continue Reading

CCPA FAQs on Cookies

As businesses prepare for the effective date of the California Consumer Privacy Act, many are conducting data mapping to identify the personal information they collect, who it belongs to, how they use it, with whom they share it and whether they sell or disclose it. The information a business collects from this exercise will set … Continue Reading

Does the CCPA Apply to Your Business?

The California Consumer Privacy Act (CCPA), considered the most expansive U.S. privacy laws to date, is set to take effect January 1, 2020. In short, the CCPA places limitations on the collection and sale of a consumer’s personal information and provides consumers certain rights with respect to their personal information. Wondering whether they will have … Continue Reading

Maine and Nevada Sign into Law Consumer Privacy Laws

The California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020, is considered the most robust state privacy law in the United States. The CCPA seems to have spurred a flood of similar legislative proposals on the state level, and started a shift in the consumer privacy law landscape. Many of these proposals end up … Continue Reading

New York Considers Aggressive Consumer Privacy Law

The California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020, is considered the most robust state privacy law in the United States. The CCPA seems to have spurred a flood of similar legislative proposals on the state level, and it was only a matter of time before the Empire State introduced its own version … Continue Reading

Oregon Amends Data Breach Notification Law to Include Vendor Obligations; Expanded Definition of Personal Information

As we recently noted, Washington state amended its data breach notification law on May 7 to expand the definition of “personal information” and shorten the notification deadline (among other changes). Not to be outdone by its sister state to the north, Oregon followed suit shortly thereafter—Senate Bill 684 passed unanimously in both legislative bodies on … Continue Reading

Will Texas Soon Join the Ranks of States Enacting Privacy Legislation?

Texans like the adage “Everything is Bigger in Texas”. So, as the Lone Star State follows its counterparts and the federal government in discussing broad sweeping privacy protections, legislators introduced two (competing) privacy bills this session: the Texas Consumer Privacy Act and the Texas Privacy Protection Act. Readers should note that the 2019 Texas Legislative … Continue Reading

Proposed Legislation in Massachusetts Would Create Private Right of Action for Improper Collection of Personal or Biometric Information

Pending legislation could create new consumer privacy rights in Massachusetts. Earlier this year, Senator Cynthia Creem presented An Act Relative to Consumer Data Privacy in the Massachusetts Senate. This Consumer Privacy Bill, SD.341, combines key aspects of the California Consumer Privacy Act (CCPA) and Illinois’s Biometric Information Privacy Act (BIPA). This bill would allow Massachusetts consumers a … Continue Reading

State Law Developments in Consumer Privacy

The California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020, is considered the most expansive state privacy law in the United States. Organizations familiar with the European Union’s General Data Protection Regulation (GDPR), which became effective on May 25, 2018, certainly will understand CCPA’s implications. Perhaps the best known comprehensive privacy and … Continue Reading

New Jersey on the Forefront of Consumer Privacy and Security Law

Since the start of 2019, New Jersey has shown it is on the forefront of consumer privacy and security law. Last week we reported on Assembly Bill 3245 (AB 3245) that would enhance the state’s data breach notification requirements. In short, if signed, AB 3245, would require businesses to notify consumers of online account security … Continue Reading
LexBlog