Under many circumstances, state privacy laws require businesses to pass a consumer’s valid deletion request to any entity that processes the data on behalf of the business or otherwise is a recipient of the data. These...more
The U.S. is taking another swing at a federal data privacy law with the American Privacy Rights Act, or APRA. While there’s no guarantee that the APRA will become the law of the land, it’s still worthwhile to study in order...more
California continues to be at vanguard of data privacy rights. The latest effort by California legislators to protect consumer privacy rights focuses on data brokers, who under the proposed California Senate Bill 362, aka...more
Under the California Consumer Privacy Act (CCPA), California consumers may exercise certain rights in relation to their personal information – and businesses have strict deadlines to respond to such consumer requests. These...more
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
The California Consumer Privacy Act (CCPA) exemptions for employee and business-to-business Personal Information (PI) likely will not be extended. Aug. 31, 2022 was the last day for each house to pass bills, per the...more
Most privacy laws derive from the same core foundational principles, namely the Fair Information Practice Principles (FIPPs). This includes the California Consumer Privacy Act of 2018 (CCPA), California Privacy Rights Act of...more
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
Colorado became the third state to enact comprehensive data privacy legislation when Gov. Jared Polis signed the Colorado Privacy Act (CPA) on July 8, 2021. The CPA shares similarities with its stateside predecessors, the...more
On March 15, amendments to the California Consumer Privacy Act (CCPA) banned companies from using “dark patterns” that confuse or delay consumers trying to opt out of the sale of their personal information....more
On November 3, 2020, Californians approved another significant piece of privacy rights legislation, the California Privacy Rights Act, or the CPRA. The CPRA amends and expands the already (almost) infamous CCPA (California...more
As of January 1, 2020, the California Consumer Privacy Act of 2018 (CCPA) is now the law of the land, having gone into effect at the beginning of this year. One of the more complex issues concerning the CCPA pertains to the...more
As more organizations find themselves under scrutiny for the way they collect and use consumer data, maintaining CCPA compliance has never been more important. CCPA has been introduced to give control back to consumers,...more
With the California Consumer Privacy Act (CCPA) now in effect (January 1, 2020) and enforceable by California’s Attorney General (“AG”) (July 1, 2020), the AG has published Frequently Asked Questions (FAQs). Designed to aid...more
On April 7, 2020, the French Data Protection Authority (the CNIL) published on its website a Q&A on the right to de-listing. The right to de-listing enables a data subject to request from a search engine to remove one or...more
Shook Weighs in on Updated CCPA Regulations - In response to extensive public comment, the California Attorney General’s office released modified draft regulations under the CCPA on February 7. Shook has provided initial...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
The much anticipated California Consumer Privacy Act (“CCPA”) is now in effect (as of January 1, 2020), and as we’ve recently reported, class action litigation under the CCPA has already begun. Organizations should have...more
Additional draft regulations were issued by the California Attorney General on February 7th and subsequently modified on February 10th. ...more
On February 7, 2020, California Attorney General Xavier Becerra published modified regulations for the California Consumer Privacy Act after reviewing the public comments received on the initial draft regulations. While the...more
California Attorney General Xavier Becerra has released updated regulations to the California Consumer Privacy Act (CCPA) that contain a number of material modifications to the initial CCPA regulations released in October...more
The California Consumer Privacy Act provides some relief to financial institutions, but these carve-outs are not a “get out of jail free” card. Blank Rome’s David Oberly and First National Bank of Long Island’s Tanweer Ansari...more
The California Office of the Attorney General has published proposed amendments to the California Consumer Privacy Act (CCPA) draft regulations. The amendments are open for public comment until 5 pm PT on Feb. 24, 2020....more
Many businesses and their service providers have been awaiting final guidance from the California Attorney General concerning the California Consumer Privacy Act (CCPA). When news came last Friday of a regulatory update...more
Keypoint: The modified proposed regulations make substantial changes to the proposed regulations, including modifying how consumer notices must be drafted and changing some of the requirements for receiving and responding to...more