Edward Holman

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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 at issue is the Fair Credit Reporting Act (FCRA). Though this case arises in the context of the FCRA, its outcome is likely to have a sweeping impact on many areas of class action litigation where the concreteness of injury is at issue, such as data breach litigation.
Continue Reading No Harm, No Foul: Supreme Court Narrows Article III Standing to Require That All Class Members Suffer a Concrete Injury in Fact

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 Governor Jared Polis signs the bill or does not act on it (and assuming the act is not put to a referendum), Colorado will become the third U.S. state to enact comprehensive privacy legislation, after California and Virginia.
Continue Reading Colorado Becomes Third State to Pass New General Privacy Law

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 sensitive data, opt-outs for targeted advertising, the creation of data protection assessments, and new provisions that must be included in service provider agreements.
Continue Reading Virginia Legislature Sends Novel Privacy Law to Governor’s Desk

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 privacy practices more transparent, and it requires app developers to take action now to ensure they can continue to update their apps after December 8, 2020. If developers take no action, their apps will essentially be frozen as they exist on that date.
Continue Reading Apple Requires Apps to Include New Privacy “Nutrition Label” by December 8, Delays Opt-In for Tracking Requirement Until Early 2021

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 California’s Administrative Procedure Act (APA). If approved by the OAL, the final regulations will then be filed with the California Secretary of State and become enforceable.
Continue Reading CCPA Update: California Attorney General Submits Final Proposed Regulations to OAL

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 General issued the first draft of the proposed regulations, imposing obligations on businesses that arguably exceeded the statutory requirements of the CCPA, which were noticed for a 45-day public comment period. On February 10, 2020, after the CCPA had gone into effect and after receiving nearly 1,700 pages of written comments and additional oral comments, the California Attorney General issued a second draft of the proposed regulations, scaling back some of these obligations and adding some helpful clarification. During the subsequent 15-day written public comment period on these proposed changes, approximately 100 written comments spanning 782 pages were submitted.
Continue Reading Third Time’s the Charm? Newest Round of Modifications to Proposed CCPA Regulations Issued by the California Attorney General