Is more information always better? If someone wants to limit the use of information, and others want to expose, discuss or publicize it, who wins?...more
No. Both the CCPA and the GDPR provide individuals with a right to request access to their personal information and a right to request the deletion of their personal information. As a result, businesses that field rights...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
Not necessarily. As an initial matter, employees that are residents of California will not qualify as full “consumers” under the law until January 1, 2021....more
Possibly. It is a common practice for employers to ask employees if they would like to be included in a picture or a video, either for product advertisement or internal training. Typically, when this occurs, the employer...more
Likely no. Neither the CCPA nor the proposed regulations explicitly address the issue of imposing fees or costs on consumers for responding to requests for access or requests for deletion. However, the CCPA does prohibit...more
As one of the oldest and most recognized data privacy and security practices, we have had the honor of helping dozens of companies set up and evolve their data privacy programs over the past decade. That experience has given...more
Your business complies with the General Data Protection Regulation ("GDPR") and/or Turkish Personal Data Protection Law numbered 6698 and its secondary legislation ("PDPL"); but does it comply with the California Consumer...more
No. The CCPA grants to consumers “the right to request that a business delete any personal information about the consumer which the business has collected from the consumer.” Nothing within the CCPA prohibits a business from...more
Probably not. The term “personal information” is defined by the CCPA as “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with...more
Consumer privacy laws enacted on the other side of the country could have big implications for businesses here in North Carolina. On January 1, 2020, the California Consumer Privacy Act (CCPA) will take effect. This is a...more
Loyalty programs are structured in a variety of different ways. Some programs track dollars spent by consumers, others track products purchased. Some programs are free to participate in, others require consumers to purchase...more
In this month's edition of our Privacy & Cybersecurity Update, we examine five amendments to the California Consumer Privacy Act, the EU Court of Justice's rulings on the "Right to Be Forgotten" and what qualifies as a joint...more
Yes. The CCPA states that people have a right to request that a business “delete any personal information about the consumer which the business has collected from the consumer.” Although the CCPA does not define what it...more
No. The scope of the right to be forgotten under the CCPA and the GDPR differ in three important ways. First, the CCPA states only that a business may have to delete the information that it obtained “from” the consumer....more
Typically not. When investigating a data security incident, companies are often focused on determining whether there has been unauthorized access or acquisition to personal data, and, if so, which data subjects were...more
No. The CCPA states only that a business may have to delete the information that it obtained “from” the consumer that submits the right to be forgotten request. As a result, if a business obtained information from two...more
Federal US News - FTC Takes Action Against Companies Falsely Claiming Compliance With International Privacy Agreements - The FTC reached a settlement with a background screening company over allegations it falsely claimed...more
Probably not. The CCPA does not specifically state that a right to be forgotten request is, itself, exempt from the obligation to delete a consumer’s information, but maintaining the right to be forgotten request would...more
The new California Consumer Privacy Act of 2018 (CCPA) will come into effect January 1, 2020. In most situations, nonprofits won’t be subject to the law—but in some cases they necessarily will be and/or will otherwise need to...more
The California Consumer Privacy Act ("CCPA") was enacted in early 2018 as a political compromise to stave off a poorly drafted, and plaintiff’s friendly ballot initiative. Although the CCPA is scheduled to go into force in...more
The new California Consumer Privacy Act of 2018 (CCPA) will come into effect January 1, 2020. By turning attention to the issue now, cannabis companies can ensure compliance with the new law without significant business...more
...On April 4, 2019, California Assembly Member Wicks proposed sweeping changes to bill AB 1760, effectively repealing the California Consumer Privacy Act of 2018 (CCPA) and replacing it with the Privacy for All Act of 2019...more