As a follow-up to their release of draft regulations (“Draft Regulations”) for the California Privacy Rights Act (CPRA) (which we covered in this article), the California Privacy Protection Agency (“Agency”) released an...more
Last week, Representatives Frank Pallone (D-NJ) and Cathy McMorris Rodgers (R-WA) and Senator Roger Wicker (R-MS) released a draft federal privacy proposal titled the American Data Privacy and Protection Act (ADPPA). ADPPA is...more
6/8/2022
/ California Consumer Privacy Act (CCPA) ,
Congressional Committees ,
Consumer Privacy Rights ,
Covered Entities ,
Data Privacy ,
Duty of Loyalty ,
Enforcement ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Preemption ,
Private Right of Action ,
Proposed Legislation ,
Sensitive Personal Information ,
State Privacy Laws
The California Privacy Protection Agency (CPPA) recently released draft regulations for the California Privacy Rights Act (CPRA) (Draft Regulations). These Draft Regulations come roughly two months before the agency is...more
On April 19, 2022, the Better Business Bureau’s (BBB) Center for Industry Self-Regulation introduced the TeenAge Privacy Program (TAPP), an emerging initiative that sets out to help companies develop a teen-centric approach...more
5/4/2022
/ Behavioral Advertising ,
Better Business Bureau ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consent ,
COPPA ,
Data Retention ,
Data-Sharing ,
Federal Trade Commission (FTC) ,
Online Advertisements ,
Online Platforms ,
Parental Consent ,
User-Generated Content
In our third California Privacy Update, we continue to closely follow potential privacy law updates in California. ...more
On March 29 and March 30, 2022, the Board of the California Privacy Protection Agency (CPPA or “Agency”) conducted informational sessions on the California Privacy Rights Act (CPRA) and allowed public comment on its...more
In the first of its kind “opinion” from the California Office of the Attorney General (“OAG”), the agency addressed the question of whether a consumer’s “right to know” what personal information a business holds about the...more
In our second California Privacy Update, we continue to closely follow updates in California privacy law, especially those to the California Privacy Rights Act (CPRA). Below are the recent updates to the California’s privacy...more
The California Consumer Privacy Act (CCPA) may seem like old news, especially now that Virginia and Colorado have also passed comprehensive privacy laws, but businesses must continue to pay attention to California if they...more
As companies prepare for new privacy laws to go into effect in California, Virginia, and Colorado, they should also keep an eye out on other states that are looking to pass their own “comprehensive” privacy legislation....more
Will 2022 be the year for a national privacy law? We are seeing new federal proposals, ongoing negotiations about key issues such as a private right of action and state pre-emption, and new activity at the state level. There...more
12/29/2021
/ Biden Administration ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Data Privacy ,
Disparate Impact ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Legislative Agendas ,
Notice Requirements ,
Personal Data ,
Personal Information ,
State Privacy Laws
Despite its antecedents in one of the most widely cited law review articles of all time from more than 130 years ago, modern United States privacy law is roughly twenty years old. Even though still in its relative infancy,...more
7/8/2021
/ Big Data ,
California Consumer Privacy Act (CCPA) ,
Data Breach ,
Data Privacy ,
Data Security ,
Enforcement ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
Personal Information ,
Preemption ,
Privacy Laws ,
Private Right of Action ,
Sensitive Personal Information ,
State Privacy Laws
On June 7, 2021, the Colorado House of Representatives passed the Colorado Privacy Act (CPA), a comprehensive privacy law similar to the California Privacy Rights Act (CPRA) and California Consumer Privacy Act (CCPA), as well...more
6/9/2021
/ Business Associates ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Covered Entities ,
Data Controller ,
Data Privacy ,
Exemptions ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Opt-Outs ,
Pending Legislation ,
Personal Data ,
Sensitive Personal Information ,
State Privacy Laws
On March 17, California officials announced the inaugural membership of the five-member board for the California Privacy Protection Agency (CPPA). The formation of the CPPA is a requirement of the recently passed California...more
The long wait to see if any state would join California in passing a comprehensive privacy law is finally coming to an end, as the Virginia Senate passed the Virginia Consumer Data Protection Act (CDPA) on February 3. An...more
While still in its relative infancy, privacy law has quickly become a turbulent teenager, with constant change around the world.
At a minimum, 2021 will require meaningful efforts to implement the changes of 2020, with a...more
1/5/2021
/ Biden Administration ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Security ,
Enforcement ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Legislative Agendas ,
Personal Information ,
Privacy Laws ,
Private Right of Action ,
Ransomware ,
Schrems I & Schrems II ,
State Attorneys General ,
State Privacy Laws
On December 10, 2020, less than two months after proposing previous modifications, the California Attorney General’s Office proposed a fourth set of modifications to the California Consumer Privacy Act (CCPA) regulations...more
Health-care privacy is at a crossroads. For almost 20 years, the health-care industry has addressed the requirements of the HIPAA Privacy and Security Rules, building reasonable and appropriate compliance programs from an...more
On November 3, the California Privacy Rights and Enforcement Act (“CPRA”) was voted into law with close to 56 percent of California voters supporting the measure. The CPRA is the latest comprehensive privacy law to pass in...more
Less than a month before Californians are to vote on the California Privacy Rights Act (CPRA), the California attorney general (California AG) proposed a third set of modifications to the California Consumer Privacy Act’s...more
In a flurry of legislative activity, the California legislature passed a number of last-minute privacy bills that now await the signature of Governor Gavin Newsom in order to go into effect. As was expected, the California...more
On March 12, 2020, the California Attorney General (“California AG”) released a second set of modified regulations (“Second Set of Modifications”) for the California Consumer Privacy Act (“CCPA”) that further revise the...more
I am not a real academic. I teach privacy law very part-time as an adjunct professor. I am a full-time law firm partner, focusing on privacy and data security issues.
I have been teaching formal privacy and data security...more
On February 7, 2020, California Attorney General Xavier Becerra (the California AG) proposed revisions to the regulations implementing the California Consumer Privacy Act (CCPA) that his office had first proposed on October...more
2/11/2020
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Data Subject Access Requests ,
Duty to Delete ,
Minors ,
Notice Requirements ,
Personal Information ,
Proposed Amendments ,
Proposed Regulation ,
State Attorneys General ,
Verification Requirements
This second installment assesses options for moving forward to address emerging gaps and an evolving health care industry. Why? Because the substantial history behind the Health Insurance Portability and Accountability Act...more
2/10/2020
/ California Consumer Privacy Act (CCPA) ,
CMIA ,
Covered Entities ,
Data Privacy ,
Data Protection ,
General Data Protection Regulation (GDPR) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Legislative Agendas ,
Privacy Laws ,
Proposed Legislation