Throughout the month of March, states continued to introduce new privacy laws of their own as Congress focused on enacting President Biden’s $1.9 trillion COVID-19 relief plan—H.R. 1319, the American Rescue Plan Act of...more
On Tuesday, April 20, the Senate Commerce, Science and Transportation Committee held a hearing on the Federal Trade Commission’s (FTC) authority to protect consumers.
The hearing featured discussion from lawmakers on the...more
In this episode, Akin Gump cybersecurity, privacy and data protection practice co-heads Natasha Kohne and Michelle Reed, and counsel Molly Whitman discuss the firm’s new 2020 CCPA Litigation Annual Report and its...more
4/7/2021
/ California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Defense Strategies ,
Personally Identifiable Information ,
Privacy Laws ,
Private Right of Action
On March 2, 2021, the Governor of Virginia signed the Virginia Consumer Data Protection Act (CDPA) into law, which goes into effect on January 1, 2023. The law applies only to businesses with large amounts of consumer data...more
The newly passed Proposition 24, the California Privacy Rights Act (CPRA), represents the second time in two years that California has instituted a comprehensive privacy statute that fundamentally changes data privacy...more
The California Attorney General surprised companies by issuing new guidance for the California Consumer Privacy Act (CCPA) compliance, reflecting likely compliance missteps by companies. On Tuesday October 12, 2020, the...more
10/16/2020
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Notice Requirements ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Policy ,
Proposed Regulation ,
Public Comment ,
State Attorneys General
United Kingdom, French and Belgian national security laws (and such laws of other EU Member States) fell under the scrutiny of the Court of Justice of the European Union (CJEU), which on October 6, 2020, ruled on whether such...more
10/14/2020
/ Consumer Privacy Rights ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Retention ,
Data Security ,
Electronic Communications ,
EU ,
General Data Protection Regulation (GDPR) ,
Member State ,
National Security ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
UK
On September 15, 2020, the New York Attorney General (NYAG) reached a Consent and Stipulation Agreement (the “Agreement”) with Dunkin’ Brand’s Inc. a year after filing a lawsuit over the company’s response to cyberattacks in...more
10/6/2020
/ Consent Agreements ,
Consumer Privacy Rights ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Security ,
Debit and Credit Card Transactions ,
Dunkin' Donuts ,
Failure to Notify ,
Hackers ,
Information Security ,
Personally Identifiable Information ,
Settlement ,
State Attorneys General ,
State Data Breach Notification Statutes
Massachusetts Attorney General (AG) Maura Healey announced the creation of a Data Privacy and Security Division, focusing on protecting consumers from privacy and security breaches and threats. AG Healey named Sara Cable as...more
8/20/2020
/ Consumer Privacy Rights ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Equal Access ,
Internet ,
Personal Data ,
Popular ,
Privacy Laws ,
State Attorneys General
On Tuesday, August 4, Senators Jeff Merkley (D-OR) and Bernie Sanders (I-VT) announced the introduction of the National Biometric Information Privacy Act of 2020 to prohibit private companies from collecting biometric data...more
On July 1, 2020, California Attorney General Xavier Becerra issued a statement as the first day of enforcement of the California Consumer Privacy Act (CCPA) commenced, urging businesses to know their responsibilities under...more
The advocacy group, Californians For Consumer Privacy, has qualified the California Privacy Rights Act (CPRA) for the November 2020 ballot. The required number of signatures was verified by the California Secretary of State,...more
The California Attorney General’s Office is going forward with the enforcement of the California Consumer Privacy Act (CCPA) despite the logistical issues caused by COVID-19. An advisor to Attorney General Becerra made a...more
- The California Attorney General Office (AGO) issued revised proposed regulations (Version 2) regarding the California Consumer Privacy Act on February 7, 2020. The AGO will collect comments on the revised regulations until...more
2/21/2020
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Notice Requirements ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Policy ,
Proposed Regulation ,
Public Comment ,
Right to Delete ,
Right To Know ,
State Attorneys General
- The Washington state Senate has passed its version of a consumer data privacy bill as state lawmakers debate proposed legislation for the Washington Privacy Act, the state’s first data privacy law.
- In their own bill,...more
2/19/2020
/ Consumer Privacy Rights ,
Corporate Counsel ,
Customer-Loyalty Programs ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Facial Recognition Technology ,
Legislative Agendas ,
Opt-Outs ,
Personally Identifiable Information ,
Preemption ,
Privacy Legislation ,
Private Right of Action ,
Proposed Legislation ,
Right to Delete ,
Right-To-Access
• The Draft Regulations introduced by the California Attorney General’s Office on October 10, 2019 are subject to a public comment period and public hearings that will close on December 6, 2019. Now is the time to act to try...more
10/29/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
Proposed Regulation ,
Public Comment ,
Right to Delete ,
Right To Know ,
State Attorneys General
Maine’s legislature unanimously passed a new law—“An Act to Protect the Privacy of Online Customer Information” (the “Act”)—that will impose strict data protection restrictions on broadband internet service providers (ISPs)...more
10/29/2019
/ Broadband ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement Authority ,
Internet ,
Internet Service Providers (ISPs) ,
New Legislation ,
Personally Identifiable Information ,
Privacy Laws ,
Public Utility ,
Utilities Sector
Attorney General Becerra held a press conference on October 10th, 2019, and announced the release of proposed regulations concerning the California Consumer Privacy Act (CCPA). He stressed that privacy is an inalienable right...more
10/14/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Regulation ,
Public Comment ,
State Attorneys General
Alastair Mactaggart, the real estate developer who led the push for the California Consumer Privacy Act (CCPA), is at it again. Mactaggart and his organization, Californians for Consumer Privacy, have submitted a new ballot...more
9/27/2019
/ Algorithms ,
Ballot Measures ,
California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Public Comment ,
State Agencies
• The California Consumer Privacy Act (CCPA) goes into effect on January 1, 2020. The window of opportunity to pass federal privacy legislation to preempt the CCPA in the 116th Congress is rapidly closing.
• Discussions are...more
9/26/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Preemption ,
Privacy Laws ,
Private Right of Action
On May 29, 2019, Nevada’s governor approved a new privacy law, Senate Bill 220 (“SB 220”). SB 220 amends existing state law that requires operators of websites and online services (“Operators”) to post privacy notices on...more
9/12/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Rights ,
Data Security ,
Data Use Policies ,
New Legislation ,
Online Platforms ,
Operators ,
Opt-Outs ,
Permanent Injunctions ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
Private Right of Action ,
State Data Privacy Laws ,
Statutory Penalties ,
Third-Party Service Provider ,
Websites
The 2018 California Consumer Privacy Act (CCPA) requires the California Attorney General’s Office (AGO) to promulgate regulations related to the CCPA by July 1, 2020. The AGO is holding seven public forums and accepting...more
2/7/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Privacy Laws ,
Public Comment ,
Public Forum ,
Rulemaking Process ,
State Attorneys General
The 2018 California Consumer Privacy Act (CCPA) requires the California Attorney General’s Office (AGO) to promulgate regulations related to the CCPA by July 1, 2020. The AGO is holding a series of public forums and accepting...more
1/29/2019
/ Comment Period ,
Consumer Privacy Rights ,
Consumer Protection Act ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Non-Discrimination Rules ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Public Comment ,
Public Forum ,
Rulemaking Process ,
Safe Harbors ,
State Attorneys General
The 2018 California Consumer Privacy Act (CCPA) requires the California Attorney General’s Office (AGO) to promulgate regulations related to the CCPA by July 1, 2020. The AGO is holding a series of six public forums and...more
1/16/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Privacy Laws ,
Public Comment ,
Public Forum ,
Rulemaking Process ,
State Attorneys General
• The California Legislature passed SB 1121 to revise certain sections of the CCPA – the nation’s strictest privacy protection statute which provides Californians with a right to learn what personal information certain...more
9/10/2018
/ California Consumer Privacy Act (CCPA) ,
Civil Monetary Penalty ,
CMIA ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Enforcement ,
Exemptions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medical Records ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Private Right of Action ,
Time Extensions