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California AG Announces CCPA Regulations are Final – And Effective Immediately

California Attorney General Becerra announced Friday afternoon that the Office of Administrative Law (OAL) had approved the final CCPA regulations his office submitted to the OAL in June, and that the review process is...more

Today’s The Day: CCPA Enforcement Begins

As we’ve been writing about in this space for some time, today marks the opening of the CCPA enforcement era. Despite protestations from the business community, and requests for delay due to the lack of regulations until...more

New California Privacy Initiative to Appear on November Ballot – Get Ready for CCPA 2.0

Just as businesses are gearing up for the start of enforcement of the California Consumer Privacy Act (“CCPA”), California cleared the way for the California Privacy Rights Act (“CPRA”). The CPRA is an initiative imposing...more

Temperature Checks May Add Privacy Notice Obligations for California Businesses

Companies planning to conduct pandemic-related temperature checks for California employees and visitors to their premises should consider their compliance obligations under the California Consumer Privacy Act (“the CCPA”). If...more

COVID-19 Privacy Proposals on Both Sides of the Aisle: A Comparison

Privacy risks of using big data in the fight against COVID-19 are significant, and have caught the attention of Republicans and Democrats alike. Earlier this month we reported on a bill introduced on May 7 by Republican...more

Senate COVID-19 Consumer Data Protection Act of 2020: Balancing Privacy with the Pandemic

Last month, we reported that the United States Senate, Committee on Commerce, Science, and Transportation, conducted a hearing on “Enlisting Big Data in the Fight Against Coronavirus.” Specifically, the Committee focused on...more

UPDATED: It’s Déjà vu All Over Again: Washington Privacy Act Fails to Pass

As of March 12, 2020, the proposed Washington Privacy Act has foundered on enforcement rocks. The Senate did not agree with the House’s amendment that would have included a broad private right of action. The Senate’s version...more

Congressional Privacy Action – Part 2: The House

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

Congressional Privacy Action – Part 1: The Senate

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

CCPA QOTD: Isn’t every vendor a “service provider” under the CCPA?

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

CCPA QOTD: What are the penalties for non-compliance with the CCPA?

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

The California Consumer Privacy Act – A Brief Guide for Covered Employers

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

Ruling from Europe’s High Court: “Active” Consent Required for Cookies

The Court of Justice of the European Union (CJEU) – the European Union’s equivalent to the US Supreme Court – has issued a very important ruling with respect to cookie compliance that may require re-evaluation of your cookie...more

2019 CCPA Amendment Process Comes to a Close

Interested parties and privacy professionals have all been anxiously awaiting how legislative activity would shake out before the California Consumer Privacy Act (“CCPA”) is implemented January 1, 2020. Now that the dust has...more

Facsimiles and Other Fossils: FTC Initiates Review to Update COPPA Rule to Keep Pace with Emerging and Connected Technology

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

And the CCPA Amendment Countdown Begins ….

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

Nevada Moves the Goalpost with New Privacy Law

Get ready: October 1, 2019 is the new date for many U.S. businesses to begin providing consumers the right to opt-out of the sale of their personal information. While January 1, 2020 was the date upon which many businesses...more

Musical.ly’s COPPA Failure Falls Flat at the FTC; Will Pay Note-Worthy Fine

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

No Harm, Still a Foul: Illinois Supreme Court Rules on the Collection of Biometric Data

Leaving its fingerprints all over the privacy debate, the Illinois Supreme Court handed down a ruling that will significantly impact litigation under the state’s unique Biometric Information Privacy Act (“BIPA” or “Act”),...more

More Privacy Legislative Activity in California

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

PRIVACY ALERT: California Leads the Privacy Parade Again with Groundbreaking Privacy Legislation

June 28, 2018 will be a watershed day in the history of U.S. data privacy legislation. California has become the first state to move away from the U.S. approach of legislating data privacy in slow bits. Yesterday, both houses...more

FTC Puts Kids’ Smart Watch Companies in Time Out for COPPA Violation

Answering the centuries’ old question, it appears it is the Federal Trade Commission (“FTC”) that watches the watchmen. The FTC sent warning letters to a pair of foreign app developers cautioning them that their practices of...more

Practical GDPR Steps for US-Headquartered Life Sciences Companies

In case you had not heard, the European Union is replacing its current privacy laws with a new, comprehensive General Data Protection Regulation (GDPR), which takes effect May 25, 2018. The essential principles of the EU’s...more

The Law of Unintended Consequences: BIPA and the Effects of the Illinois Class Action Epidemic on Employers

Has your company recently beefed up its employee identification and access security and added biometric identifiers, such as fingerprints, facial recognition, or retina scans? Have you implemented new timekeeping technology...more

The FTC’s Uber Consent Order: A Warning to Fast-Growing Companies

Recently, Uber agreed to a proposed Federal Trade Commission (FTC) consent order (“Consent Order”) to settle charges in an FTC complaint (“Complaint”) regarding behavior stemming back to at least 2014. Acting Chairman Maureen...more

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