On Saturday, August 31, the California legislature closed its 2024 session. During the past calendar year, we tracked numerous privacy and AI-related bills with fourteen of them passing out of their chamber of origin prior to...more
9/3/2024
/ Algorithms ,
Artificial Intelligence ,
Bias ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Corporate Counsel ,
Data Privacy ,
Discrimination ,
Online Safety for Children ,
Opt-Outs ,
State Privacy Laws ,
Training ,
Transparency
Keypoint: The California legislature enters into the final week of its session with many bills still under consideration. We are currently tracking thirteen privacy and AI-related bills that previously crossed chambers prior...more
Keypoint: The appellate court ruled that the California Age-Appropriate Design Code Act’s impact assessment provision is unconstitutional and remanded the case back to the trial court to consider the constitutionality of the...more
8/21/2024
/ Appellate Courts ,
California ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Data Collection ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
First Amendment ,
Goods or Services ,
Impact Assessments ,
Minors ,
Online Marketplace ,
Popular ,
Unconstitutional Condition
Keypoint: Last week, several privacy and AI bills passed out of committee (with some receiving amendments) while two bills died in committee. We are currently tracking thirteen privacy and AI-related bills that previously...more
8/19/2024
/ Algorithms ,
Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Disclosure Requirements ,
Online Safety for Children ,
Personal Information ,
Social Media ,
State Privacy Laws ,
User-Generated Content
Keypoint: Last week, the California legislature returned from its summer recess and began moving forward with privacy and AI legislation prior to the August 31 session closing date.
We are currently tracking thirteen...more
8/12/2024
/ Algorithms ,
Artificial Intelligence ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Discrimination ,
Online Safety for Children ,
Opt-Outs ,
Social Media ,
State Privacy Laws ,
Transparency
Keypoint: The California legislature has many pending privacy and AI-related bills to consider before it closes on August 31. The California legislature left for its summer recess on July 3 and will reconvene on August 5....more
Keypoint: The settlement, which includes a $500,000 fine and injunctive relief, arises out of alleged violations of the CCPA’s children’s privacy provisions and COPPA. On June 18, 2024, the California Attorney General...more
6/20/2024
/ California ,
California Consumer Privacy Act (CCPA) ,
CARU ,
COPPA ,
Corporate Counsel ,
Mobile Apps ,
Online Gaming ,
Personal Information ,
Settlement ,
Software Developers ,
State Attorneys General
Keypoint: Last week, bills advanced in Colorado and California while, with legislatures in multiple states set to close this week, we will know the fate of significant bills in the coming days. Below is the fifteenth weekly...more
Keypoint: Maryland’s bill diverges from other Washington Privacy Act variants passed to date with unique data minimization, sensitive data, minor’s data privacy, and unlawful discrimination provisions (among others)....more
4/8/2024
/ California Consumer Privacy Act (CCPA) ,
Consumer Protection Laws ,
Corporate Counsel ,
Data Protection ,
Enforcement ,
Maryland ,
New Legislation ,
Opt-Outs ,
Personal Data ,
Sensitive Personal Information ,
State Privacy Laws
Keypoint: In only its second public enforcement settlement, the California Attorney General announced a $375,000 fine along with injunctive relief.
On February 21, 2024, the California Attorney General announced that it had...more
Keypoint: Last week Wisconsin inched closer to passing a consumer data privacy bill, Colorado’s biometric privacy bill advanced out of committee, and several CCPA-amendment bill were introduced.
Below is the fourth weekly...more
Keypoint: Based on the appellate court’s ruling, the new CCPA regulations are enforceable immediately instead of on March 29, 2024.
On February 9, 2024, a three-judge panel of the California Court of Appeals issued an...more
Keypoint: New Jersey is the thirteenth state to pass consumer data privacy legislation with a bill that is generally based on the Washington Privacy Act model but with some notable differences.
On January 8, 2024, the New...more
1/9/2024
/ Biometric Information ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
COPPA ,
Corporate Counsel ,
Data Processors ,
New Jersey ,
New Legislation ,
Opt-Outs ,
Popular ,
Privacy Laws ,
State Privacy Laws
Keypoint: The California Privacy Protection Agency continued its rulemaking efforts by releasing draft automated decisionmaking technology regulations although the Agency has yet to initiate the formal rulemaking process....more
11/28/2023
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Notification Requirements ,
Opt-Outs ,
Personal Information ,
Right-To-Access ,
Risk Assessment ,
State Privacy Laws
Keypoint: A California federal district court granted NetChoice’s motion for preliminary injunction, finding that the California Age-Appropriate Design Code Act likely violates the First Amendment.
On September 18, 2023, the...more
Keypoint: Pending the Governor’s signature, the California Delete Act requires all data brokers to register with the CPPA next year and comply with a one-stop consumer deletion mechanism by 2026.
Last week, the California...more
9/18/2023
/ Audits ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Data Brokers ,
Disclosure Requirements ,
Duty to Delete ,
Fair Credit Reporting Act (FCRA) ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Insurance Information and Protection Act ,
New Legislation ,
State Privacy Laws
Keypoint: The Attorney General’s investigatory sweep focuses on how large California employers are handling the expiration of the CCPA’s employee data exemption.
On July 14, 2023, the California Attorney General announced a...more
Keypoint: Enforcement by the California Privacy Protection Agency of the new CCPA regulations will be delayed until March 2024, but the Agency can still enforce the CCPA statutory changes as of July 1, 2023....more
Keypoint: Texas is the fifth legislature to pass a broad consumer data privacy bill this year with a bill that is a more consumer-friendly version of the Virginia law.
On May 28, 2023, the Texas legislature passed...more
Keypoint: The Office of Administrative Law’s approval of the CCPA regulations ends a months-long rulemaking process that began in September 2021.
On March 30, 2023, the California Privacy Protection Agency (Agency) announced...more
Keypoint: Last week the Maryland House passed a children’s privacy bill, the Utah Governor signed two social media bills, the Washington My Health My Data Act continued to progress, and committees in Texas and Tennessee...more
Keypoint: In the aftermath of the Supreme Court’s Dobbs decision, Washington legislators introduced legislation to enhance privacy protections for consumer health data.
In early March, lawmakers in Washington state’s House...more
3/13/2023
/ Biometric Information ,
California Consumer Privacy Act (CCPA) ,
Consumer Protection Act ,
Data Collection ,
Data-Sharing ,
Dobbs v. Jackson Women’s Health Organization ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Trade Commission (FTC) ,
FERPA ,
GLBA Privacy ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personally Identifiable Information ,
Privacy Policy ,
SCOTUS
Keypoint: With the Board’s approval secured, the Agency will now send the final rulemaking package to the Office of Administrative Law for review.
On Friday, February 3, 2023, the Board of the California Privacy Protection...more
Keypoint: On the heels of last week’s Board meeting, Agency staff quickly turned around a modified version of the proposed regulations, triggering a fifteen day comment period and further signaling that the Agency is on track...more
Keypoint: The California Privacy Protection Agency’s issuance of significantly modified proposed regulations comes days in advance of four scheduled Board meetings where the proposed regulations will open to debate,...more