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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

Arizona Personal Data Privacy Bill Moves Ahead

An Arizona bill relating to personal data (HB 2865) was reintroduced on February 11, 2021 in the Arizona House of Representatives and passed its second reading on February 15, 2021...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

Federal Autonomous Vehicle Bill Includes Detailed Privacy, Cybersecurity Requirements

U.S Rep. Bob Latta (R-Ohio), ranking member of the House Energy and Commerce Subcommittee on Communications and Technology. has re-introduced the "Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution...more

Senate Committee Schedules Hearing On Federal Data Privacy Legislation

Time for a U.S. federal privacy law? “U.S. Sen. Roger Wicker, R-Miss., chairman of the Committee on Commerce, Science, and Transportation, will convene a hearing titled, “Revisiting the Need for Federal Data Privacy...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

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

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

CCPA Regulations: Are Vehicle ID Numbers Personal Information?

Commenters on the final California Consumer Privacy Act (CCPA) regulations asked if a Vehicle Identification Number, even by itself, is personal information. Do you have to delete it? How do you address sharing of VINs with...more

CCPA Regulations: ‘What Is Easy To Understand?’

A comment requested that the California Attorney General clarify the specific requirements for making privacy notices “easy to read and understandable to the average consumer” under the California Consumer Privacy Act...more

CCPA Regulations: What Is The Meaning Of Conspicuous?

Would conspicuous by any other name … link as effectively? Multiple comments to the final California Consumer Privacy Act regulations ask the California Attorney General to explain what “conspicuous link” means for the...more

CCPA Regulations: Does An Online Form Constitute Valid ‘Notice At Collection?’

A comment asks the California Attorney General if directing a consumer to an online form could constitute a valid notice at collection under the recently finalized California Consumer Privacy Act regulations. The Attorney...more

CCPA Regulations: Explaining Consumer Rights In The Privacy Notice

Exactly which consumer rights need to be explained in a privacy notice? The California Attorney General recently addressed this question in responding to comments to final California Consumer Privacy Act (CCPA)...more

California AG Releases Third Draft Of CCPA Regulations

The California Attorney General has published a third draft of the California Consumer Privacy Act regulations- Key takeaways: Removes example indicating IP addresses may not be personal information in certain...more

New Washington State Proposal Would Regulate Data Brokers

If it’s not broker(ed) why fix it? A new data broker bill has been submitted to the Washington State House of Representatives, following in the footsteps of Vermont and California....more

California Attorney General Issues Amended CCPA Regulations For Comment

The California Office of the Attorney General has published proposed amendments to the California Consumer Privacy Act (CCPA) draft regulations. The amendments are open for public comment until 5 pm PT on Feb. 24, 2020....more

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