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
I am not a real academic. I teach privacy law very part-time as an adjunct professor. I am a full-time law firm partner, focusing on privacy and data security issues.
I have been teaching formal privacy and data security...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
This second installment assesses options for moving forward to address emerging gaps and an evolving health care industry. Why? Because the substantial history behind the Health Insurance Portability and Accountability Act...more
2/10/2020
/ California Consumer Privacy Act (CCPA) ,
CMIA ,
Covered Entities ,
Data Privacy ,
Data Protection ,
General Data Protection Regulation (GDPR) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Legislative Agendas ,
Privacy Laws ,
Proposed Legislation
In the U.S., we do not, today, have a national privacy law. Pressure from the EU, via the General Data Protection Regulation, and from California, via the California Consumer Privacy Act, are driving an extensive national...more
The United States has always had privacy law. For most of our history it mainly regulated the government in connection with its citizens.
About 20 years ago we started modern privacy - presumably why we have Data Privacy...more
The purpose of this article is to provide background information on the California Consumer Privacy Act and specifically the exemptions that generally will be applicable to the insurance industry. While developing a...more
1/28/2020
/ B2B Organizations ,
California Consumer Privacy Act (CCPA) ,
California Financial Information Privacy Act (CFIPA) ,
Compliance ,
Employee Privacy Rights ,
Exemptions ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Insurance Industry ,
Personal Information ,
Security and Privacy Controls ,
State Attorneys General
Congress is debating whether to enact a national privacy law. Such a law would upend the approach that has been taken so far in connection with privacy law in the United States, which has either been sector specific...more
The HIPAA privacy rules have been in the news a lot lately. That’s good, but not when it’s for the wrong reasons or based on a misunderstanding of the rules....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
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