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West Virginia Data Privacy Bill Is CCPA+

West Virginia has gotten into the data privacy bill game with House Bill (HB) 3159 on Consumer Data Privacy. The legislation is similar to the California Consumer Privacy Act + the following key points:...more

Washington State ‘People’s Privacy Act’ Bill Ups The Ante For Privacy Compliance

"Under no circumstances shall an individual's interaction with a covered entity's product or service when the covered entity has a terms of service or a privacy policy, including the short-form privacy notice, in and of...more

EU Parliament: US Must Reform Surveillance Laws To Pave Way For Data Transfers

The European Parliament is urging the United States to reform its surveillance laws to pave the way for transfers of personal data between the European Union and the U.S. "For data controllers that fall within the scope of...more

Lost At CCPA? Amendment Would Exclude Watercraft-Related Information

Assembly Bill 335 has been introduced in the California legislature to amend the California Consumer Privacy Act (CCPA) to include an exception for watercraft-related information...more

California Issues Fourth Set Of Amendments To CCPA Regulations

On the first night of Hannukah, the California Department of Justice gave to me … a fourth set of amendments to California Consumer Privacy Act regulations … and a form opt out button (!?)...more

IAB Benchmark Survey Offers Insight Into Industry’s CCPA Compliance Efforts

The Interactive Advertising Bureau (IAB) Legal Affairs Council recently completed its CCPA Benchmark Survey, which asked privacy attorneys in the industry about key elements of the California Consumer Privacy Act and their...more

Canada Introduces Legislation To Enact New Data Privacy Act

The Consumer Privacy Protection Act (CPPA) is coming! The Canadian government has submitted a bill for the amendment of the Personal Information Protection and Electronic Documents Act (PIPEDA) and the enactment of a new,...more

CCPA Regs Update Covers Opt Outs, Authorized Agents, Children’s Privacy Notice

The California Office of the Attorney General has issued proposed modifications to the state's California Consumer Privacy Act (CCPA) Regulations. The changes, released on October 12, 2020, have been submitted for comment...more

Newsom Signs CCPA Employee And B2B Carve-Out Extensions

AB1281, the California Consumer Privacy Act amendment extending the employee and B2B carve-outs, has been signed by Governor Newsom...more

Non-HIPAA Health Data: eHI And EDT Propose Self-Regulatory Framework

Key principles Definitions- •Aggregated data and de-identified data: Uses definitions similar to that in the California Consumer Privacy Act (CCPA) requiring a public commitment not to re-identify and contractual...more

Revised, Washington State Privacy Legislation Moves Forward

The Washington Privacy Act is back and now includes provisions for handling personal data during a public health emergency such as a pandemic. Its provisions are closer to the European Union’s General Data Privacy...more

NIST Report Addresses The Four Principles Of Explainable Artificial Intelligence

In the wake of the UK A-Level algorithm fallout, the U.S. National Institute of Standards and Technology (NIST) has published a report, for public comment, on the Four Principles of Explainable Artificial Intelligence. “AI...more

What Changed In The Final-Final CCPA Regulations?

The California Attorney General has announced that the state’s Office of Administrative Law (OAL) granted its approval of final regulations under the California Consumer Privacy Act (CCPA). They are effective immediately....more

CCPA Regulations: Free Stuff And Financial Incentives

Commenters on the final California Consumer Privacy Act (CCPA) regulations asked if a company gives you a product without charge but in consideration for your information, could that still be deemed a financial incentive...more

CCPA Regulations: Opt Out And The Privacy Notice

Commenters to the final California Consumer Privacy Act (CCPA) regulations asked if it is possible to provide information about, and access to the “Do not Sell” link and/or opt out opportunity in the privacy notice? The...more

CCPA Regulations: Attorney General Addresses Transparency In Algorithms

Comments on the final California Consumer Privacy Act (CCPA) regulations asked if data brokers should be required to identify the factors they use in algorithmic decision making practices that affect the consumer, such as...more

CCPA Regulations: To Whom Does The Gramm Leach Bliley Carve-Out Apply?

Comments to the final California Consumer Privacy Act regulations asked if the CCPA carve-out regarding the Gramm Leach Bliley Act (GLBA), the data protection law governing US financial institutions, applies...more

CCPA Regulations: Franchises, Franchisees And Franchisors

Comments to the final California Consumer Privacy Act regulations asked how franchisor/franchisee compliance with CCPA works? •Does CCPA apply to the franchisee for collecting data on behalf of the franchisor? •How is the...more

CCPA Regulations: Access Requests And Litigation

Comments to the California Consumer Privacy Act (CCPA) final regulations asked: “If you get an access request and you know that the underlying motive for it is to conduct discovery for the purpose of contemplated litigation,...more

CCPA Regulations: What Are Reasonable Security Procedures And Practices?

Under the California Consumer Privacy Act (CCPA), a data breach resulting from a lack of “reasonable security procedures and practices” gives rise to a private right of action (e.g. for a class action lawsuit). Comments to...more

Effort To Extend CCPA’s Employee And B2B Exemptions Advances

To extend or not to extend? AB 1281, extending the employee and B2B exemptions for the California Consumer Privacy Act, has been amended in the California Senate. Previously a bill dealing with limitations on facial...more

California Attorney General: CCPA Enforcement Is Underway

On the first day the California Consumer Privacy Act became enforceable, California Attorney General Xavier Becerra issued the following public statement: “Today we begin enforcement of the California Consumer Privacy Act...more

CCPA Regulations: Are Audio Recordings Personal Information?

A comment submitted to the California Attorney General’s final California Consumer Privacy Act regulations asked if audio recordings are personal information under CCPA and should they be included in the specific pieces...more

CCPA 2.0: The CPRA Is On The Ballot In California

For companies scrambling to button up their California Consumer Privacy Act (CCPA) compliance by the July 1 enforcement date, some news out of the state capital of Sacramento: Per a memorandum issued June 24, 2020 by the...more

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