The CCPA for the Land Title Industry: Practical Compliance With CCPA and New Privacy Laws
California Governor Newsom recently signed SB 362, known as the Delete Act, which creates a one-time mechanism for consumers to request that data brokers delete all personal data associated with the consumer. ...more
Data brokers face new registration and audit obligations, consumer data deletion rights, and exposure to fines under California's SB 362, the Delete Act. The bill was signed into law by Gov. Gavin Newsom on Tuesday. Effective...more
California Governor Gavin Newsom signed the Delete Act this week. The new law, passed by the legislature last month, revises the California Consumer Privacy Act by making it easier for residents to submit universal requests...more
The DELETE Act (SB 362) has passed the California Legislature and is awaiting Governor Gavin Newsom’s signature. What do you need to know? You may be a data broker without realizing it: •The law applies to any business...more
Keypoint: Pending the Governor’s signature, the California Delete Act requires all data brokers to register with the CPPA next year and comply with a one-stop consumer deletion mechanism by 2026. Last week, the California...more
The state of California is on the verge of amending its current data broker law with Senate Bill 362, also known as the Delete Act (“the Act”). The Act passed in the Assembly’s Committee on Privacy and Consumer Protection and...more
The Virginia Consumer Data Privacy Act (CDPA) - which is set to go into effect on January 1, 2023 - will likely be amended in the coming days. The Virginia House and Senate have passed four amendments which, most notably,...more
The CCPA does not specify how many deletion requests a consumer can send to a business each year. However, it does permit businesses to “refuse to act on” a deletion request if a consumer’s requests become “unfounded or...more
No. Unlike a request for access, a business’s deletion obligation extends to all data held by the business regarding a consumer, unless an exception applies, irrespective of when that data was collected, generated or...more
Not immediately, but yes. The CCPA does not distinguish or make allowances for backup and other less accessible systems when determining the scope of a business’s obligation to delete the personal information of a consumer...more
Although the CCPA does not itself require that a service provider honor a deletion request that it receives directly from a consumer, a service provider may be contractually obligated to do so by a business. Many...more
Sometimes, depending on the service provider’s agreement with the business. A consumer may incorrectly direct a deletion request to a service provider rather than to the business for which the service provider processes...more
Maybe not. While personal information is generally subject to deletion requests, the CCPA provides nine exceptions which, depending on a company’s data processing and retention practices, may provide an argument that...more
Yes. Unless a service provider has contractually agreed otherwise, they can refuse an instruction to delete personal information that they receive from their client (i.e., the business for whom the service provider was...more
On February 10, 2020, bipartisan cosponsors in the Wisconsin State Assembly introduced a trio of bills targeting the use of personal data information and modeled after the requirements of the European General Data Protection...more
While still in draft form, the modifications both clarify certain obligations and introduce new uncertainty for businesses covered by the CCPA. Key Points: ..On February 7 and 10, 2020, the California AG announced and...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
With the introduction of the CCPA in January 2020, many other U.S. states have also begun to consider their own proposed data privacy legislation. In this podcast, Elizabeth Reilly from Fidelity National Financial joins...more
Probably not. Point of sale systems typically collect and retain inherently “personal information” as defined by the CCPA, such as the customer’s name, address, phone number, email, and payment information....more
With the enactment of the European General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act ("CCPA”), retailers have been forced to cope with a shifting privacy landscape that impacts the data that...more
No. The CCPA generally prohibits a business from “discriminat[ing]” against a consumer that chooses to exercise “any of the consumer’s rights” – including the right to be deleted. As a result, to the extent that a...more
No. Section 1798.150 of the CCPA permits consumers to “institute a civil action” only where consumer “nonencrypted or nonredacted personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of...more
The California Attorney General Xavier Becerra on Oct. 10, 2019, released the proposed text for the California Consumer Privacy Act Regulations (Regulations). The Regulations are intended to guide businesses on CCPA...more
Information collected in employment or business-to-business contexts is exempt for one year. For the first year it is in effect, the CCPA will not apply to personal information collected about employees or in B2B...more
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