Artificial intelligence (AI) has been a hot topic in state legislatures across the country over the past year. As is common with technology-related issues, California has taken the lead in regulating the AI space. The...more
August 20, 2024 signaled the end of the California Privacy Protection Agency’s (CPPA) Notice of Proposed Regulatory Action (NPRA) comment period for Senate Bill 362, also known as the Delete Act (the “Act”)....more
9/11/2024
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Comment Period ,
Data Brokers ,
Minors ,
New Legislation ,
Personal Data ,
Proposed Regulation ,
Public Comment ,
Public Hearing ,
Registration Requirement ,
Reproductive Healthcare Issues
On June 18, the California Attorney General (“AG”) and Los Angeles City Attorney announced a settlement with Tilting Point Media, the maker of a mobile app game called “SpongeBob: Krusty Cook-Off,” resolving allegations that...more
6/28/2024
/ California Consumer Privacy Act (CCPA) ,
COPPA ,
Enforcement Actions ,
Online Safety for Children ,
Opt-In ,
Parental Consent ,
Popular ,
Privacy Policy ,
Settlement ,
State Attorneys General ,
Website Design
On April 2, the California Privacy Protection Agency (CPPA or “the Agency”) issued the Agency’s first-ever enforcement advisory. The advisory (“Applying Data Minimization to Consumer Requests”) reaffirms data minimization as...more
2023 was an active year for data protection-related litigation. Plaintiffs continued to advance creative theories of liability against businesses, using both older and more established privacy laws (such as the Telephone...more
This post is part of a series of articles we are doing on 2023 data protection litigation trends.
While the California Consumer Privacy Act (CCPA) is most known for its onerous privacy compliance obligations, the law also...more
3/4/2024
/ California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Breach ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Personal Information ,
Private Right of Action ,
Right To Cure ,
Security and Privacy Controls ,
State Attorneys General ,
Statutory Damages ,
U-Haul ,
Wells Fargo
On February 21, the California Attorney General (“AG”) announced a settlement with DoorDash, an online food delivery service, to resolve allegations that the company violated the California Consumer Privacy Act (CCPA) and...more
3/1/2024
/ Advertising ,
California Consumer Privacy Act (CCPA) ,
CalOPPA ,
Civil Monetary Penalty ,
Compliance ,
Consumer Privacy Rights ,
Data Selling ,
Data-Sharing ,
DoorDash ,
Enforcement Actions ,
Enforcement Priorities ,
Personal Information ,
Sephora ,
State Attorneys General ,
Statutory Violations ,
Stipulated Judgment ,
Third-Party
The early weeks of 2024 have seen continued activity on the state comprehensive privacy law front. Since our last update, at least 11 new comprehensive privacy bills have been proposed. In particular, Georgia, Hawaii,...more
2/23/2024
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
COPPA ,
Data Controller ,
Data Privacy ,
FERPA ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Information ,
Privacy Laws ,
Proposed Legislation ,
State Legislatures ,
State Privacy Laws
On January 8, 2024, the New Jersey Assembly and Senate passed Senate Bill 332 (S. 332, or the “Act”), and it was signed into law by Governor Phil Murphy on January 16. This makes New Jersey the first state to enact a...more
1/18/2024
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Data Processors ,
Data Protection ,
Effective Date ,
Enforcement ,
Enforcement Authority ,
Exemptions ,
Governor Murphy ,
Minors ,
New Legislation ,
Opt-Outs ,
Prior Express Consent ,
Privacy Laws ,
Sensitive Personal Information ,
State Attorneys General ,
State Privacy Laws
As we have detailed previously, 2023 was a landmark year for privacy law, featuring numerous developments at the federal, state and international levels, ranging from newly enacted statutes to massive regulatory enforcement...more
1/17/2024
/ Adtech ,
Artificial Intelligence ,
Audits ,
Biden Administration ,
Breach Notification Rule ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
COPPA ,
Cybersecurity ,
Electronic Protected Health Information (ePHI) ,
Enforcement ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Popular ,
Privacy Laws ,
Proposed Legislation ,
Regulatory Requirements ,
Rulemaking Process ,
Sensitive Personal Information ,
State Privacy Laws
In the run-up to this Friday’s December Board meeting, the California Privacy Protection Agency (CPPA or the “Agency”) has continued its recent flurry of regulatory activity. Late last week, the CPPA published an additional...more
12/7/2023
/ Audits ,
Automated Decision Systems (ADS) ,
Automated Systems ,
Board Meetings ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Data Subject Access Requests ,
Insurance Industry ,
Mobile Apps ,
Opt-Outs ,
Popular ,
Proposed Regulation ,
Risk Assessment ,
Sensitive Personal Information
In advance of the California Privacy Protection Agency’s (CPPA) December 8 Board meeting, the Agency has published new draft automated decisionmaking technology (ADMT) regulations, as well as revisions to draft regulations on...more
12/1/2023
/ Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Machine Learning ,
Notice Requirements ,
Opt-Outs ,
Personal Information ,
Right of Access ,
Risk Assessment
Governor Gavin Newsom in California recently signed several bills into law that may have a significant impact on your company’s privacy compliance obligations. These new laws amend and build on existing California privacy...more
On Friday, September 8, the California Privacy Protection Agency (CPPA) held a public board meeting. The primary topic of discussion at this meeting was the Agency’s draft regulations on cybersecurity audits and risk...more
9/19/2023
/ Artificial Intelligence ,
Auditors ,
Audits ,
Board Meetings ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Cybersecurity ,
Data Brokers ,
Proposed Regulation ,
Public Meetings ,
Risk Assessment
The state of California is on the verge of amending its current data broker law with Senate Bill 362, also known as the Delete Act (“the Act”). The Act passed in the Assembly’s Committee on Privacy and Consumer Protection and...more
9/1/2023
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Compliance ,
Consumer Privacy Rights ,
Data Brokers ,
Duty to Delete ,
Geolocation ,
Legislative History ,
Pending Legislation ,
PHI ,
Proposed Amendments ,
Registration Requirement ,
Right to Delete ,
Sensitive Personal Information
On July 14, the California Privacy Protection Agency (CPPA or the “Board”) hosted a meeting to discuss key issues. Notably, the Board’s New CPRA Rules Subcommittee (“the Subcommittee”) previewed three areas of forthcoming...more
8/9/2023
/ Advisory Board ,
Artificial Intelligence ,
Audits ,
Automation Systems ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Machine Learning ,
Personal Data ,
Personal Information ,
Proposed Regulation ,
Risk Assessment
On June 30, the Sacramento County Superior Court issued a ruling that will delay enforcement of regulations issued pursuant to the California Privacy Rights Act (CPRA) to March 29, 2024. These regulations were originally...more
7/11/2023
/ Audits ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Chamber of Commerce ,
Compliance Dates ,
Covered Entities ,
Enforcement ,
Grace Period ,
Risk Assessment ,
State Privacy Laws ,
Statutory Requirements ,
Time Extensions
On May 18, the Federal Trade Commission (FTC) issued a policy statement warning about the increased use of consumers’ biometric information and related marketing of technologies that use biometric information. The agency...more
5/23/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Data Collection ,
Data Privacy ,
Data Protection ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
FTC Act ,
Policy Statement ,
Protected Class ,
Section 5 ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices
On Friday, March 3, 2023, the California Privacy Protection Agency (CPPA) held a public board meeting. Though the meeting focused primarily on the Agency’s budget and various administrative issues (e.g., subcommittee...more
3/13/2023
/ Administrative Review ,
Audits ,
Board Meetings ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Proposed Legislation ,
Public Comment ,
Risk Assessment ,
Rulemaking Process
On March 1st, the Innovation, Data, & Commerce Subcommittee of the House Energy and Commerce Committee subcommittee held a hearing titled “Promoting U.S. Innovation & Individual Liberty through a National Standard for Data...more
In a press release on January 27, 2023, California Attorney General (“California AG”) Rob Bonta announced an investigative sweep focused on mobile applications’ compliance under the California Consumer Privacy Act (CCPA),...more
On August 24, 2022, California Attorney General Rob Bonta (“CA AG”) announced a $1.2 million settlement with Sephora, Inc. (“Sephora”), marking the first announced enforcement action under the California Consumer Privacy Act...more
On July 28, 2022, the California Privacy Protection Agency (the “Agency”) held a special meeting (the “Meeting”) to discuss and act on the proposed federal privacy legislation, the American Data Protection and Privacy Act...more
On July 20, the House Committee on Energy & Commerce held an open markup session on the American Data Privacy and Protection Act (ADPPA), which concluded in an affirmative vote (53-2) for an amended version of the bill to...more
Employee communications and use of company devices are often key issues in trade secret and related litigation. United States law, for the most part, has been very supportive of an employer’s ability to engage in aggressive...more