It’s official. The California Privacy Rights Act (CPRA) has received enough valid signatures to appear on the November 2020 ballot. And if polling from late last year remains accurate, California voters are likely to approve...more
6/26/2020
/ Ballot Measures ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Legislative Agendas ,
Personally Identifiable Information ,
State and Local Government
On June 1, The California Attorney General (CA AG) submitted the final text of the CCPA regulations to the California Office of Administrative Law (OAL) for approval. ...more
6/2/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Personal Data ,
Personally Identifiable Information ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General
The California Privacy Rights Act (CPRA) is progressing through California’s elections process for inclusion on the November 2020 ballot. Businesses may want to begin considering how their data privacy obligations in...more
Businesses spent the latter months of 2019 working hard to prepare for the January 1, 2020 implementation of the California Consumer Privacy Act (CCPA). ...more
5/7/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General
A recent decision by the U.S. Court of Appeals for the Second Circuit in Duran v. La Boom Disco, Inc. has interrupted the emerging consensus around the definition of “autodialer” in the Telephone Consumer Protection Act...more
Health care providers and government officials have more clarity regarding the ability to place certain calls and texts about the novel coronavirus, thanks to recent action by the Federal Communications Commission (FCC)....more
On March 11, The California Attorney General (CA AG) released a second set of modifications to the proposed regulations implementing the California Consumer Privacy Act (CCPA)....more
3/13/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Digital Service Providers ,
Information Governance ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Requirements ,
Right to Delete ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General
Slowly but surely, the U.S. Courts of Appeal increasingly agree on how to interpret the definition of “automatic telephone dialing system” (“ATDS” or “autodialer”) in the Telephone Consumer Protection Act (“TCPA”). On...more
On Friday, February 7, 2020, the California Attorney General (CA AG) released notice of changes to the California Consumer Privacy Act (CCPA) draft regulations. Initial draft regulations were published for public comment on...more
2/10/2020
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Regulation ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government
It’s no surprise that of the 20 biggest AI companies in the world, no conglomerates are listed. Burdened by legacy business lines, technologies, and organizational structures as well as silos, these companies have struggled...more
On January 27, 2020, an Eleventh Circuit panel released a landmark ruling in Glasser v. Hilton Grand Vacations Company, LLC. The key issue in the case was how to interpret ambiguous language in the Telephone Consumer...more
1/31/2020
/ Ambiguous ,
ATDS ,
Auto-Dialed Calls ,
Cell Phones ,
Constitutional Challenges ,
FCC ,
First Amendment ,
Hilton ,
Marketing ,
Popular ,
Prior Express Consent ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
Washington State is already shaping up as a center of state privacy legislation for 2020.
Last year, SB 5376 (also known as the Washington Privacy Act, or WPA) gained significant traction in the legislature, passing the...more
1/14/2020
/ Biometric Information ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Facial Recognition Technology ,
General Data Protection Regulation (GDPR) ,
Legislative Agendas ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Portability ,
Proposed Legislation ,
Right to Delete ,
State and Local Government
On December 19, 2019, the U.S. Senate unanimously passed the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S. 151), which the House of Representatives passed in a 417-3 vote earlier...more
12/23/2019
/ ATDS ,
Attorney General ,
Auto-Dialed Calls ,
Broadband ,
Call Blocking ,
Caller ID Services ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Homeland Security (DHS) ,
FCC ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Penalties ,
Pending Legislation ,
Prior Express Consent ,
Regulatory Agenda ,
Regulatory Standards ,
Regulatory Violations ,
Robocalling ,
Scams ,
TCPA ,
Telecommunications ,
U.S. Commerce Department ,
US Department of State ,
Working Groups
On October 17, 2019, the Hogan Lovells Privacy and Cybersecurity team discussed key elements of the California Attorney General’s proposed regulations implementing certain provisions of the California Consumer Privacy Act...more
11/5/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Deletion ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Opt-In ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Regulation ,
Regulatory Agenda ,
Right to Delete ,
Rulemaking Process ,
State and Local Government
Whilst political uncertainty may have businesses’ attention fixed, the Hogan Lovells Global Survey on Digital Regulation: ‘A Turning Point for Tech’ suggests that tech companies should be looking elsewhere. During yesterday’s...more
10/31/2019
/ 5G Network ,
Big Tech ,
Business Model ,
Competition ,
Copyright ,
Corporate Taxes ,
Cybersecurity ,
Data Protection ,
Digital Platforms ,
Enforcement Programs ,
EU ,
Freedom of Expression ,
General Data Protection Regulation (GDPR) ,
Innovative Technology ,
Privacy Concerns ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Standards ,
United Arab Emirates (UAE)
On October 10, California Attorney General Xavier Becerra (CA AG) released proposed regulations to implement certain provisions of the California Consumer Privacy Act (CCPA). The CA AG also released a Notice of Proposed...more
10/14/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
COPPA ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Information Sharing ,
Non-Discrimination Rules ,
NPRM ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Regulation ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General
On October 2, 2019, California Governor Gavin Newsom signed the Consumer Call Protection Act of 2019 to address the rise in deceptive robocalls and protect California consumers from fraudulent calls....more
10/9/2019
/ Consumer Privacy Rights ,
Enforcement Authority ,
FCC ,
New Legislation ,
Regulatory Authority ,
Regulatory Requirements ,
Robocalling ,
Spoofing ,
State and Local Government ,
TCPA ,
Telecommunications ,
Unfair or Deceptive Trade Practices
Since the California Consumer Privacy Act’s (CCPA) hasty passage in June last year and minor changes last September, the CCPA has vexed businesses working on compliance. Among many practical challenges, the CCPA often...more
9/25/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Fair Credit Reporting Act (FCRA) ,
Legislative Agendas ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Regulatory Agenda ,
Request For Information ,
Rulemaking Process ,
State and Local Government
On June 20, 2019, the Supreme Court released its long-awaited decision in PDR v. Carlton & Harris Chiropractic. The Court was expected to provide greater clarity about the extent to which litigants can challenge the Federal...more
6/24/2019
/ Administrative Orders ,
Administrative Procedure ,
Appellate Courts ,
Binding Precedent ,
Dismissals ,
Due Process ,
Exclusive Jurisdiction ,
FCC ,
Hobbs Act ,
Interpretive Rule ,
Judicial Review ,
Legislative Rule ,
PDR Network LLC v Carlton & Harris Chiropractic Inc ,
Remand ,
Reversal ,
SCOTUS ,
Set-Asides ,
TCPA ,
Unsolicited Advertisements ,
Unsolicited Faxes ,
Vacated
Nevada has a new privacy law. On May 29, Nevada Governor Steve Sisolak signed Senate Bill 220 (SB-220) into law, making Nevada the first state to join California in granting consumers the right to opt out of the sale of their...more
6/3/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Protection ,
Data-Sharing ,
New Legislation ,
Opt-Outs ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
State and Local Government
On May 1, 2019, the National institute of Standards and Technology (NIST) announced a Request for Information (RFI) in the Federal Register regarding ongoing efforts to develop technical standards for artificial intelligence...more
A number of legislative proposals seeking to amend the California Consumer Privacy Act (CCPA) are moving forward following an April 23 hearing before the California Assembly’s Committee on Privacy and Consumer Protection in...more
4/25/2019
/ Amended Legislation ,
Anti-Discrimination Policies ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Legislation ,
Rulemaking Process
The California legislature is considering significant amendments to the California Consumer Privacy Act (CCPA) ahead of the law’s January 1, 2020 implementation date. ...more
As we head towards 2020, it’s time once again for the decennial U.S. national Census – one of the broadest data collections that the United States federal government undertakes to learn more about its citizens, recalibrate...more
New proposals to protect consumer privacy in the U.S. seem to be appearing every day. There are now more than 90 privacy proposals that federal, state, and local regulators and policymakers are considering as privacy...more