The House Bill. The House is taking a different approach to drafting a federal privacy bill. On December 18, Democratic and Republican staff for the House Energy & Commerce Committee released a bipartisan staff draft for...more
1/30/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
COPPA ,
Cybersecurity ,
Cybersecurity Framework ,
Data Collection ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Privacy Laws ,
Reasonable Expectation of Privacy ,
Rulemaking Process ,
State Data Breach Notification Statutes
As 2020 gets underway, Congress will continue to deliberate on federal privacy legislation in the second session of the 116th Congress. The California Consumer Privacy Protection Act (CCPA) went into effect on January 1, and...more
1/30/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Covered Entities ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Privacy Laws ,
Rulemaking Process ,
State Data Breach Notification Statutes
If you haven’t been paying attention to all the Microsoft warnings for the past year and your company is still running Windows 7, time’s up. After January 14, 2020, Microsoft will stop pushing out security updates to Windows...more
The short answer is “no”. The CCPA has a specific definition for “service provider” at Section 1798.140(v) – and it also requires a vendor to be bound by a written contract that prohibits it from...more
Unless you have been living off the grid for the past year, you likely know that we are now down to 13 days and counting to the effective date of the California Consumer Privacy Act (CCPA). We have received hundreds of...more
12/23/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
DPPA ,
Fair Credit Reporting Act (FCRA) ,
GLBA Privacy ,
Personal Information ,
Private Right of Action ,
State Attorneys General
Because the term “consumer” is so broad in the CCPA (remember: it’s any California resident), it would have applied to employee and job applicant data and all business contact information across the board. After much...more
12/20/2019
/ Amended Legislation ,
B2B Organizations ,
B2B Transactions ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Employee Privacy Rights ,
Job Applicants ,
Personal Information
The California Consumer Privacy Act becomes effective on January 1, 2020 with an amendment that impacts California employers. Covered businesses should, of course, already be in the process of preparing CCPA privacy notices...more
10/30/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Employee Privacy Rights ,
Employer Liability Issues ,
Governor Newsom ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Policy ,
Right to Delete
As we reported here, the final days of the 2019 California legislative session are winding down, with important amendments to the California Consumer Privacy Act (CCPA) still pending. In Thursday’s Senate session, AB 1130 was...more
They grow up so fast! A sentiment – and challenge – shared by parents and technologists alike. Just when you think you’ve finally figured it out, you blink, and they’re unrecognizable. The old rules can no longer be trusted...more
8/27/2019
/ COPPA ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Guidance Update ,
Mobile Apps ,
Online Safety for Children ,
Parental Consent ,
Personally Identifiable Information ,
Popular ,
Public Comment ,
Website Owner Liability ,
Websites
The California Legislature has returned from its summer recess and got right to work on the pending amendments to the California Consumer Privacy Act (CCPA). The Legislature has 30 days from today to send any amendments to...more
We know we told you yesterday about the Equifax settlement and how you could make a claim in connection with the breach. Well, consumers whose personal information was compromised in Equifax’s massive 2017 data breach are in...more
8/2/2019
/ Civil Penalty Fund ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Counsel ,
Credit Monitoring ,
Cybersecurity ,
Data Breach ,
Equifax ,
Federal Trade Commission (FTC) ,
Fund Distribution ,
Gramm-Leach-Blilely Act ,
Personally Identifiable Information ,
Settlement Agreements ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (“FTC”), the Consumer Financial Protection Bureau, and 50 U.S. states and territories, have reached a global settlement agreement with Equifax Inc. (“Equifax”), according to which, Equifax agreed...more
7/31/2019
/ Civil Penalty Fund ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Equifax ,
Federal Trade Commission (FTC) ,
Gramm-Leach-Blilely Act ,
Personally Identifiable Information ,
Settlement Agreements ,
Unfair or Deceptive Trade Practices
According to our CCPA Countdown Clock, we are 161 days and counting to the effective date of the California Consumer Privacy Act. The Mintz Privacy team is deeply involved in working with clients on developing compliance...more
Office Depot and its tech support provider, Support.com, proved to be anything but “supportive” after allegedly providing false malware scan results and conning customers into paying for repairs and technical services that,...more
Significant changes to the Massachusetts data breach notification law take effect on April 11, 2019. You can view the amendment here. If you haven’t looked at your written information security plan, or WISP, in a while, now’s...more
On June 28, 2018, California passed the California Consumer Privacy Act (CCPA) and then further amended it on September 23, 2018. CCPA breaks new state law privacy ground and imposes consumer protections that are comparable...more
We’ve now presented two webinars (links will be posted ICYMI) on the scope of the California Consumer Privacy Act, and have been talking with scores of clients about preparation and planning. One of the most frequently asked...more
The Federal Trade Commission (“FTC”) has handed down its largest civil penalty ever for violations of the Children’s Online Privacy Protection Act (“COPPA”). Musical.ly, now known as TikTok after a 2018 merger, agreed to a...more
3/7/2019
/ Consent Decrees ,
COPPA ,
Cybersecurity ,
Data Collection ,
Federal Trade Commission (FTC) ,
Mobile Apps ,
Online Safety for Children ,
Parental Consent ,
Personally Identifiable Information ,
Settlement Agreements ,
Website Owner Liability ,
Websites
Last week, California State Senator Jackson and state Attorney General Becerra introduced a new bill, Senate Bill 561. If passed, it will greatly expand the consumers’ right to bring private lawsuits for violations of the...more
Recently, Oath, a wholly-owned subsidiary of Verizon Communications agreed to pay $4.95 million to settle charges from the New York attorney general’s office that the company’s online advertising business was violating...more
Recently, the Federal Trade Commission (“FTC”) announced that it has finalized its expanded settlement with ride-haling giant, Uber Technologies, Inc. (“Uber”) related to two major data breach incidents. The initial breach...more
11/16/2018
/ Consumer Information ,
Cybersecurity ,
Data Breach ,
Data Security ,
Federal Trade Commission (FTC) ,
Notification Requirements ,
Personally Identifiable Information ,
Popular ,
Reporting Requirements ,
Settlement Agreements ,
Third-Party Service Provider ,
Uber
California continues to lead the nation in cybersecurity and privacy legislation on the heels of the recent California Consumer Privacy Act of 2018 (“CCPA”). Governor Brown recently signed into law two nearly identical bills,...more
10/4/2018
/ Acquisitions ,
California Consumer Privacy Act (CCPA) ,
Connected Items ,
Consumer Privacy Rights ,
Cybersecurity ,
Governor Brown ,
Manufacturers ,
Mergers ,
Personally Identifiable Information ,
Privacy Laws ,
Private Right of Action
Welcome to October! October 2018 marks the 15th year of the observance of National Cyber Security Awareness Month, a joint effort of the U.S. Department of Homeland Security and the National Cyber Security Awareness Alliance....more
Late last week the White House released its National Cyber Strategy, setting forth its approach to protecting U.S. critical infrastructure from global cyber threats. The National Cyber Strategy builds off of Executive Order...more
Labor Day is passed, and the Privacy & Security Matters blog is back after a bit of a hiatus. The California State Legislature was busy up to the last day of the session working on privacy legislation.
Amendments to...more