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California Privacy and AI Legislation Update: August 26, 2024

Keypoint: The California legislature enters into the final week of its session with many bills still under consideration. We are currently tracking thirteen privacy and AI-related bills that previously crossed chambers prior...more

California Privacy and AI Legislation Update: August 19, 2024

Keypoint: Last week, several privacy and AI bills passed out of committee (with some receiving amendments) while two bills died in committee. We are currently tracking thirteen privacy and AI-related bills that previously...more

California Privacy and AI Legislation Update: July 22, 2024

Keypoint: The California legislature has many pending privacy and AI-related bills to consider before it closes on August 31. The California legislature left for its summer recess on July 3 and will reconvene on August 5....more

California Attorney General Announces Third Public CCPA Enforcement Settlement

Keypoint: The settlement, which includes a $500,000 fine and injunctive relief, arises out of alleged violations of the CCPA’s children’s privacy provisions and COPPA. On June 18, 2024, the California Attorney General...more

California Attorney General Announces Second Public CCPA Enforcement Settlement

Keypoint: In only its second public enforcement settlement, the California Attorney General announced a $375,000 fine along with injunctive relief. On February 21, 2024, the California Attorney General announced that it had...more

CPPA Publishes Draft Automated Decisionmaking Technology (AI) Regulations

Keypoint: The California Privacy Protection Agency continued its rulemaking efforts by releasing draft automated decisionmaking technology regulations although the Agency has yet to initiate the formal rulemaking process....more

CPPA Publishes Revised Draft Cybersecurity Audit Regulations

Keypoint: The California Privacy Protection Agency continued its rulemaking efforts by releasing revised draft cybersecurity audit regulations although the Agency has yet to initiate the formal rulemaking process....more

Analyzing the Washington My Health My Data Act’s Private Right of Action

Keypoint: Claims brought under the Washington My Health My Data Act’s private right of action will turn on whether a plaintiff can prove actual damages that were caused by a violation effecting the plaintiff’s business or...more

Washington Legislature Passes My Health My Data Act

Keypoint: With a private right of action, broad applicability to businesses of all sizes and types, a scope that is broader than its name suggests, and strong consent-based requirements and privacy rights, the Washington My...more

Modified CPRA Proposed Regulations Issued

Keypoint: The California Privacy Protection Agency’s issuance of significantly modified proposed regulations comes days in advance of four scheduled Board meetings where the proposed regulations will open to debate,...more

California Legislature Fails to Extend CCPA Employee and B2B Data Exemptions

Keypoint: Businesses subject to the CCPA will need to revise their compliance programs before the exemptions expire on January 1, 2023. As previously reported, the California legislature had been considering multiple bills...more

Husch Blackwell Submits Comments on Colorado Privacy Act Pre-Rulemaking

Keypoint: The comments focus on identifying areas in which the Attorney General’s Office may provide additional clarity to consumers and businesses and to ensure, where appropriate, the interoperability of the Colorado...more

CPRA Draft Regulations Issued

Keypoint: The California Privacy Protection Agency issued a first set of draft regulations that contain a number of notable provisions but do not address all of the CPRA’s rulemaking topics....more

How do the CPRA, CPA & VCDPA treat opt-out signals?

Keypoint: The requirements for recognizing opt-out preference signals for certain types of processing vary widely depending on which state laws apply. This is the sixth post in our ten-part weekly series comparing key...more

CPRA Update: Multiple Bills Filed, Including Proposals to Extend the Employee and B2B Exemptions

Keypoint: California legislators introduced eight bills to amend or supplement the CPRA, including AB2891 that seeks to extend the employee and business-to-business exemptions, and AB2871 that seeks to make those exemptions...more

How do the CPRA, CPA & VCDPA approach data protection assessments?

Keypoint: The CPRA, CPA and VCDPA require data protection assessments for certain processing activities; however, when and how entities must conduct and prepare assessments varies....more

How do the CPRA, CPA, & VCDPA treat publicly available information?

Keypoint: The CPRA, CPA, and VCDPA’s definitions of “publicly available information” are broader than the CCPA’s definition, thereby expanding the types of personal information companies may process outside the confines of...more

What U.S. Companies Need To Know About China’s New Privacy Law

Keypoint: China’s Personal Information Protection Law is a complicated regulatory regime that will require U.S. entities subject to its requirements to undertake substantial compliance efforts. Effective November 1, 2021,...more

CPRA Regulations: California Privacy Protection Agency Commences Preliminary Rulemaking Process

Keypoint: The California Privacy Protection Agency initiates preliminary rulemaking activities under the California Privacy Rights Act. On Wednesday, September 22, 2021, the California Privacy Protection Agency (Agency)...more

2022 Oklahoma Computer Data Privacy Act Filed

Keypoint: The 2022 legislative session of proposed state consumer privacy legislation kicks off with the filing of a new bill in Oklahoma. On September 9, 2021, Rep. Collin Walke (D) and Majority Leader Rep. Josh West...more

CCPA Update: Analysis And Key Takeaways From AG’s Example Enforcement Cases

Keypoint: A detailed analysis of the Attorney General’s twenty-seven published examples of noncompliance notices sent during the first year of CCPA enforcement reveals key learnings for CCPA compliance efforts. In July,...more

California AG Requires Businesses To Recognize GPC Signals For Requests To Opt Out Of Sales

Keypoint: Businesses that sell personal information under the CCPA are now required to honor Global Privacy Control signals. In an update to its CCPA FAQs, the California Attorney General’s office has stated that...more

Nevada Legislature Passes SB260; Will Broaden Right To Opt Out Of Sales

Keypoint: If signed by the Governor, entities doing business in Nevada will need to examine their data transfers to determine whether they constitute “sales” under the broader definition....more

Status Of Proposed CCPA-Like State Privacy Legislation As Of May 17, 2021

Keypoint: This week the Colorado Privacy Act passed out of the Senate Appropriations Committee, Alaska’s House Labor and Commerce Committee held another hearing on its bill, Connecticut’s bill was sent to the Senate...more

SB260 Passes Nevada Senate; Would Broaden Right To Opt Out Of Sales

Keypoint: If passed, the bill would, among other changes, broaden Nevada’s existing right to opt out of sales of covered information. In late March, we first reported that the Nevada legislature is considering a bill...more

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