Under many circumstances, state privacy laws require businesses to pass a consumer’s valid deletion request to any entity that processes the data on behalf of the business or otherwise is a recipient of the data. These...more
A group of 21 Republican AGs filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit in TikTok Inc. v. Merrick Garland, No.24-1113, in support of the U.S. DOJ and urging the court to deny the petition for...more
The U.S. is taking another swing at a federal data privacy law with the American Privacy Rights Act, or APRA. While there’s no guarantee that the APRA will become the law of the land, it’s still worthwhile to study in order...more
In October, California enacted its newest privacy legislation, commonly referred to as the “Delete Act” (California Senate Bill No. 362). The Delete Act will allow consumers to request that any data broker that maintains any...more
In a key move to further expand consumer data rights, California Gov. Gavin Newson signed The Delete Act (S.B. 362) (the Act) into law on October 10, 2023. The Act amends California’s data broker registration law (Cal. Civ....more
California continues to be at vanguard of data privacy rights. The latest effort by California legislators to protect consumer privacy rights focuses on data brokers, who under the proposed California Senate Bill 362, aka...more
Bill C-27, the Digital Charter Implementation Act, proposes new legislation that will significantly impact the Canadian privacy law landscape. The omnibus bill – which is a second reiteration of the former Bill C-11 (which...more
Under the California Consumer Privacy Act (CCPA), California consumers may exercise certain rights in relation to their personal information – and businesses have strict deadlines to respond to such consumer requests. These...more
Keypoint: With a private right of action, broad applicability to businesses of all sizes and types, a scope that is broader than its name suggests, and strong consent-based requirements and privacy rights, the Washington My...more
The California Privacy Rights Act will go into full effect on January 1. The CPRA is commonly referred to as a “new” act, but is actually an add-on/modification to the California Consumer Privacy Act of 2018, which has been...more
The so-called “HR exemption” taking employee and applicant personal information out of the control of the California Consumer Privacy Act (CCPA) is about to come to an end. Employers who are “businesses” for purposes of the...more
Following the passage of the California Privacy Rights Act (CPRA), for the past two years, employers have been partially exempt from many of the California Consumer Privacy Act's (CCPA) mandates pertaining to applicants,...more
Since the California Consumer Privacy Act (“CCPA”) was passed in 2018, employers have been watching carefully to see how the law will apply to data collected and maintained about their employees. Up until now, employment data...more
The California Consumer Privacy Act (CCPA) exemptions for employee and business-to-business Personal Information (PI) likely will not be extended. Aug. 31, 2022 was the last day for each house to pass bills, per the...more
Last week, the California Legislature failed to reach agreement on an extension to the employee exemption which applies to the California Consumer Privacy Act (CCPA) which currently exempts employees and employee data from...more
For the past few years, California’s comprehensive privacy law known as the California Consumer Privacy Act (“CCPA”) included an important partial exemption for employees, applicants, and independent contractors...more
Keypoint: The California Privacy Protection Agency issued a first set of draft regulations that contain a number of notable provisions but do not address all of the CPRA’s rulemaking topics....more
Most privacy laws derive from the same core foundational principles, namely the Fair Information Practice Principles (FIPPs). This includes the California Consumer Privacy Act of 2018 (CCPA), California Privacy Rights Act of...more
On November 3, 2020, California voters approved Proposition 24, a ballot initiative which enacted the California Privacy Rights Act (“CPRA”). The CPRA amends the California Consumer Privacy Act (“CCPA”), the most sweeping...more
Interested parties have until November 8 to submit comments on proposed topics of CPRA rulemaking including new automated decisionmaking, risk assessments, new consumer rights, and sensitive personal information. On...more
Keypoint: The California Privacy Protection Agency initiates preliminary rulemaking activities under the California Privacy Rights Act. On Wednesday, September 22, 2021, the California Privacy Protection Agency (Agency)...more
Private citizens have a right to remove significant falsehoods from the public record. The law of defamation clearly allows for retractions and damage payments if provable lies are published....more
Colorado became the third state to enact comprehensive data privacy legislation when Gov. Jared Polis signed the Colorado Privacy Act (CPA) on July 8, 2021. The CPA shares similarities with its stateside predecessors, the...more
On May 11, Senators Edward J. Markey (D-Mass) and Bill Cassidy (R-La) introduced the Children and Teens’ Online Privacy Protection Act. The legislation seeks to amend the Children’s Online Privacy Protection Act (COPPA), 15...more
On March 15, amendments to the California Consumer Privacy Act (CCPA) banned companies from using “dark patterns” that confuse or delay consumers trying to opt out of the sale of their personal information....more