The California Privacy Rights and Enforcement Act (“CPRA”) - the latest ballot initiative spearheaded by Alastair MacTaggart and his group Californians for Consumer Privacy - has qualified for the November 3, 2020 ballot,...more
On June 1st, the California Attorney General (“California AG”) submitted final regulations under the California Consumer Privacy Act (“CCPA”) to California’s Office of Administrative Law (“OAL”) for approval, along with an...more
On March 12, 2020, the California Attorney General (“California AG”) released a second set of modified regulations (“Second Set of Modifications”) for the California Consumer Privacy Act (“CCPA”) that further revise the...more
On February 7, 2020, California Attorney General Xavier Becerra (the California AG) proposed revisions to the regulations implementing the California Consumer Privacy Act (CCPA) that his office had first proposed on October...more
2/11/2020
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Data Subject Access Requests ,
Duty to Delete ,
Minors ,
Notice Requirements ,
Personal Information ,
Proposed Amendments ,
Proposed Regulation ,
State Attorneys General ,
Verification Requirements
As state legislatures begin their 2020 sessions, proposals for stronger privacy laws are at the top of the agenda across the country. Carrying forward the story we told in reports in February, April, and July of last year,...more
2/4/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Fair Credit Reporting Act (FCRA) ,
General Data Protection Regulation (GDPR) ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
Personal Information ,
Privacy Laws ,
Proposed Legislation ,
State Data Privacy Laws
The automobile industry has been racing full speed ahead in recent years on its quest for increased connectivity and automation, but it may soon find itself swept up in the wave of privacy and data security laws and...more
1/3/2020
/ Automotive Industry ,
California Consumer Privacy Act (CCPA) ,
Connected Cars ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Legislative Agendas ,
Manufacturers ,
Personal Information ,
Popular ,
Risk Management
As many businesses occupy themselves with coming into compliance with the California Consumer Privacy Act (CCPA) before the law’s effective date of January 1, 2020, Congress is renewing discussion of a possible comprehensive...more
12/11/2019
/ California Consumer Privacy Act (CCPA) ,
Congressional Committees ,
Corporate Counsel ,
Data Privacy ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Preemption ,
Privacy Laws ,
Private Right of Action ,
Section 5 ,
State Attorneys General ,
State Data Privacy Laws
On October 10, 2019, California Attorney General Xavier Becerra proposed regulations and issued an explanatory statement, “Initial Statement of Reasons,” aimed at clarifying the scope of the California Consumer Privacy Act...more
Since our reports on February 20, 2019 and April 30, 2019, no states have followed California in adopting comprehensive privacy legislation but three states have enacted targeted privacy laws. In May Nevada enacted a law...more
In recent months, the Office of the Information Commissioner of the UK (“ICO”) has been looking into how personal data is used in real time bidding (“RTB”) in programmatic advertising, involving key stakeholders, including in...more
On June 12, 2019 Lightyear Dealer Technologies LLC, a company that provides data storage for many of the nation’s largest auto dealers, stipulated to an Order with the Federal Trade Commission (FTC) resulting from a 2016 data...more
6/17/2019
/ Assessment ,
Compliance ,
Consent Order ,
Corporate Executives ,
Data Breach ,
Data Security ,
Data Storage ,
Data Storage Providers ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Injunctive Relief ,
Popular ,
Section 5 ,
Settlement ,
Stipulated Judgment ,
Third-Party
On May 1, 2019, the Senate Commerce Committee held a hearing on “Consumer Perspectives: Policy Principles for a Federal Data Privacy Framework”—the Committee’s third hearing during this session discussing principles for...more
5/7/2019
/ Biometric Information ,
California Consumer Privacy Act (CCPA) ,
Congressional Investigations & Hearings ,
Consumer Privacy Rights ,
Data Privacy ,
Data Protection Authority ,
Enforcement Authority ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Personal Data ,
Preemption ,
Privacy Laws ,
Regulatory Authority
Since our February 20, 2019 report on privacy bills moving through state legislatures around the country, four new bills modeled on the California Consumer Privacy Act (CCPA) have been introduced—in Connecticut, New York,...more
Continuing Congress’s consideration of possible comprehensive federal privacy legislation, the Senate Commerce Committee’s Subcommittee on Manufacturing, Trade, and Consumer Protection held a hearing on March 26, 2019 on...more
4/1/2019
/ California Consumer Privacy Act (CCPA) ,
Congressional Committees ,
Data Controller ,
Data Privacy ,
Data-Sharing ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Personally Identifiable Information ,
Preemption ,
Privacy Concerns ,
Privacy Laws ,
Small Business
Continuing Congress’s efforts to craft comprehensive federal privacy legislation, the Senate Judiciary Committee on March 12, 2019, held a hearing on “GDPR & CCPA: Opt-ins, Consumer Control, and the Impact on Competition and...more
3/15/2019
/ Behavioral Advertising ,
California Consumer Privacy Act (CCPA) ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Legislative Agendas ,
Legislative Committees ,
Opt-In ,
Opt-Outs ,
Preemption ,
Privacy Laws ,
Privacy Policy ,
Small Business
This week both the House and Senate held hearings kicking off the legislative process for federal privacy legislation. Legislators from both parties voiced support for comprehensive and bipartisan legislation. ...more
3/4/2019
/ California Consumer Privacy Act (CCPA) ,
Congressional Committees ,
Congressional Investigations & Hearings ,
Data Privacy ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Preemption ,
Privacy Policy ,
Private Right of Action ,
Small Business ,
State and Local Government
The enactment in June 2018 of California’s sweeping new privacy law, the California Consumer Privacy Act (CCPA), has both increased momentum for enactment of a general federal privacy law and spurred state legislatures to...more
The enactment in June 2018 of California’s sweeping new privacy law, the California Consumer Privacy Act (CCPA), has both increased momentum for enactment of a general federal privacy law and spurred state legislatures to...more
2/20/2019
/ California Consumer Privacy Act (CCPA) ,
Congressional Intent ,
Congressional Investigations & Hearings ,
Corporate Counsel ,
Covered Entities ,
Federal Trade Commission (FTC) ,
GAO ,
General Data Protection Regulation (GDPR) ,
NIST ,
Personal Data ,
Privacy Laws ,
Proposed Legislation ,
Public Hearing ,
Trade Associations
The European Data protection Board (“EDPB”), which is composed of representatives of the national data protection authorities, and the European Data Protection Supervisor, adopted its report on the second annual review of the...more
2/4/2019
/ Court of Justice of the European Union (CJEU) ,
Data Protection Authority ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
Information Reports ,
International Data Transfers ,
National Security ,
Personal Data ,
Surveillance ,
Transparency ,
US-EU Safe Harbor Framework
This is the fourth article in a series of five articles written by WilmerHale lawyers discussing how the emergence of IoT technologies will impact the automotive industry. The first article, ‘‘The Developing Landscape of...more
12/18/2018
/ Automotive Industry ,
California Consumer Privacy Act (CCPA) ,
Connected Cars ,
Data Collection ,
Data Security ,
Department of Transportation (DOT) ,
Driverless Cars ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Internet of Things ,
NHTSA ,
Regulatory Agenda
On October 10, the Senate Committee on Commerce, Science and Transportation conducted a hearing titled “Consumer Privacy: Examining Lessons From the European Union’s General Data Protection Regulation and the California...more
On September 4, 2018, the Commerce Department’s National Institute of Standards and Technology (NIST) announced that it “has launched a collaborative project to develop a voluntary privacy framework to help organizations...more
The Indian government is currently considering a sweeping data privacy law which, if enacted, would mean significant changes for foreign companies doing business in the world’s fastest-growing digital economy. The Personal...more
On June 28, 2018, California enacted the California Consumer Privacy Act of 2018 (CCPA), a sweeping privacy law that provides consumers with broad notice, access, and deletion rights concerning many types of personal...more
7/3/2018
/ Cybersecurity ,
Data Breach ,
Fair Credit Reporting Act (FCRA) ,
General Data Protection Regulation (GDPR) ,
Governor Brown ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
New Regulations ,
Personal Data ,
Privacy Laws ,
Private Right of Action ,
Statutory Damages
On June 6, the U.S. Court of Appeals for the Eleventh Circuit vacated a cease-and-desist order by the Federal Trade Commission (FTC) issued against LabMD, Inc. (LabMD) arising from an FTC enforcement action alleging that...more
6/13/2018
/ Administrative Law Judge (ALJ) ,
Appeals ,
Cease and Desist Orders ,
Data Breach ,
Data Security ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
LabMD ,
Section 5 ,
Vacated