On August 30, 2022, the California legislature passed the California Age-Appropriate Design Code Act (the Act). Modeled after the UK’s Age-Appropriate Design Code, California’s act drastically changes the landscape of online privacy and content availability for minors in California. The Act goes beyond the current federal protections of the Children’s Online Privacy Protection Act (COPPA) and could impose … Continue Reading
On August 24, 2022, the California Attorney General (AG) announced the entry of a final judgment to resolve claims that makeup retailer Sephora violated the California Consumer Privacy Act (CCPA). Notably, this is the California AG’s first enforcement action resulting in a fine and settlement under the CCPA. The California AG alleged that Sephora violated the CCPA by failing … Continue Reading
On May 27, 2022, the California Privacy Protection Agency (CPPA) released a much-anticipated first draft of some of the anticipated regulations implementing the California Privacy Rights Act (CPRA).[1] The release accompanied the CPPA’s announcement of its next public meeting on June 8, 2022, where the agency will, among other agenda items, consider possible action regarding … Continue Reading
Connecticut became the fifth U.S. state to enact a comprehensive consumer privacy law following California, Virginia, Colorado, and Utah. On May 10, 2022, Connecticut Governor Ned Lamont signed “An Act Concerning Personal Data Privacy and Online Monitoring” (SB 6) (CPOMA).1 Substantively, CPOMA largely tracks the Colorado Privacy Act (ColoPA) and Virginia Consumer Data Protection Act (VCDPA). CPOMA’s substantive provisions … Continue Reading
Utah is poised to become the fourth state to enact comprehensive consumer privacy legislation, following California, Virginia, and Colorado. Earlier this month, Utah’s legislature passed the Utah Consumer Privacy Act (S.B. 227) (UCPA) with no opposing votes in both the Utah Senate and House of Representatives. The bill was sent to Utah Governor Spencer Cox on March … Continue Reading
The California Privacy Protection Agency (CPPA), the newly formed state agency responsible for implementing the California Privacy Rights Act (CPRA), recently posted its first invitation for public comment on proposed rulemaking activities under the CPRA. Here is what you need to know:… Continue Reading
Recently, the Office of the Attorney General of California announced three major updates that 1) added to the California Consumer Privacy Act’s (CCPA) opt-out rules related to the sale of personal information, 2) made it easier for consumers to participate in enforcing the CCPA, and 3) unveiled other focus areas of CCPA enforcement activities.… Continue Reading
Overview On June 25, 2021, the U.S. Supreme Court decided TransUnion v. Ramirez, which held that even when a statute has been violated, and that statute provided a private right of action, plaintiffs still need a concrete injury in fact to have standing to bring a lawsuit in federal court. In this case, the statutory framework … Continue Reading
Colorado may soon enter the national stage for its new privacy legislation. On June 8, 2021, Colorado’s legislature passed the Colorado Privacy Act (SB21-190) (ColoPA). The bill was recently sent to the Colorado governor’s desk, where he will have until July 8 to sign or veto the bill, otherwise it will become law without his signature. If … Continue Reading
Virginia is poised to become the second U.S. state to enact broad consumer privacy legislation. While the legislation draws some parallels with the California Consumer Privacy Act (CCPA) and upcoming California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA) introduces new requirements that go beyond these laws, such as opt-ins to collect … Continue Reading
Apple recently announced that app developers must check a series of yes/no boxes that will generate a “nutrition label”-style summary of the app’s privacy practices. This new summary, formally called “App Privacy,” will be shown to users within the App Store before they install an app. This is the latest move in Apple’s ongoing effort to make … Continue Reading
On June 2, 2020, the California Attorney General announced that it had submitted the final proposed regulations package for the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL). The OAL now has 30 working days, plus an additional 60 calendar days under COVID-19-related Executive Order N-40-20, to review the package for compliance with … Continue Reading
On March 11, 2020, the California Attorney General issued further revisions to the proposed regulations implementing the California Consumer Privacy Act (CCPA). For context, in passing the CCPA, the legislature directed the California Attorney General to solicit broad public participation and adopt regulations to further the purposes of the CCPA. On October 11, 2019, the California Attorney … Continue Reading
Updates to Compliance Likely Required On February 10, 2020, the California Attorney General issued the proposed text of modified regulations implementing the California Consumer Privacy Act (CCPA). This draft is a correction of a version that the California Attorney General issued on February 7, 2020. While the California Attorney General previously indicated that major changes to the … Continue Reading
Given Broad Definitions, the Law Could Apply to Businesses That Do Not Consider Themselves Data Brokers While amending the California Consumer Privacy Act of 2018 (CCPA) last term, the California legislature also passed a CCPA-related privacy bill that applies to “data brokers.” Assembly Bill 1202 (AB 1202) requires businesses that qualify as data brokers to register, pay … Continue Reading
On October 10, 2019, the California Attorney General’s office issued the proposed text of its California Consumer Privacy Act (CCPA) regulations (the Regulations). The Regulations propose detailed rules regarding required notices for consumers, business practices for handling consumer requests, verification of requests, special rules regarding minors, and non-discrimination. Accompanying the Regulations are the Attorney General’s … Continue Reading
Provides Detailed Specifications Both for Information Security Program and Third-Party Assessments On June 12, 2019, the Federal Trade Commission (FTC) announced it had reached a proposed settlement with LightYear Dealer Technologies, LLC (doing business as “DealerBuilt”) over allegations that the automobile software provider’s inadequate data security practices had resulted in a data breach in 2016.1 … Continue Reading
On May 29, 2019, in the midst of the legislative amendment process taking place in Sacramento for the California Consumer Privacy Act (CCPA), Nevada has passed its own CCPA-like privacy law, SB 220, taking effect on October 1, 2019, just three months before the CCPA becomes operative. The law’s main focus is to give consumers … Continue Reading
The U.S. Supreme Court has handed down a major decision, Carpenter v. United States,1 concerning the Fourth Amendment’s application to the rapidly evolving technological landscape. The 5-4 decision dramatically alters the status quo concerning government requests for data about individuals that is collected and held by third parties. Under Carpenter, personal location information maintained by … Continue Reading
In a surprising twist, the California legislature rushed last week to pass one of the most comprehensive privacy laws in the country. The bill was introduced only a week prior, and within hours of passage, it was signed into law by Governor Jerry Brown. As strict as the act is, it was enacted to avoid … Continue Reading
The U.S. Court of Appeals for the Eleventh Circuit recently released its highly anticipated decision in the long-running case pitting the now-defunct medical laboratory LabMD against the Federal Trade Commission (FTC), vacating the FTC’s data security order. In reaching its conclusion, the court held that the order’s requirement that LabMD establish a comprehensive information security … Continue Reading
On April 12, 2018, the Federal Trade Commission (FTC) announced that it was withdrawing its proposed August 2017 privacy and data security settlement with Uber Technologies and issuing a new and expanded proposed settlement.1 According to the FTC, the reason for this extraordinary step was to address additional allegations of misconduct by the ride-sharing company … Continue Reading
On February 27, 2018, the Federal Trade Commission (FTC) announced1 that it had reached an agreement with PayPal to settle allegations that its peer-to-peer payment service, Venmo, engaged in deceptive acts and practices and violated the Gramm-Leach-Bliley Act (GLBA)’s Safeguards Rule2 and Privacy Rule.3 Since 2011, Venmo has offered peer-to-peer payment services through an app … Continue Reading
2018 promises to be an interesting year in the world of privacy and cybersecurity. In this article, we highlight a few of the most notable developments we expect this year, including major developments in Europe, changes and pending cases at the Federal Trade Commission (FTC), notable U.S. Supreme Court cases scheduled to be decided this … Continue Reading
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