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New California Privacy Ballot Initiative Would Expand the CCPA

A proposed ballot initiative in California known as the California Privacy Rights Act, which is likely to pass if placed on the 2020 ballot, would both clarify and expand the existing California Consumer Privacy Act. Companies doing business in the state should closely monitor these developments and prepare for compliance, as we outline in this article. A California ballot initiative known as the California Privacy Rights Act (CPRA) would clarify and expand the California Consumer Privacy Act (CCPA), granting significant new rights to consumers and imposing additional liability risks on companies doing business in the state. The CPRA is an update to the California Privacy Rights and Enforcement Act (CPREA) ballot initiative, which was proposed in late 2019 by the Californians for Consumer Privacy, which also sought to broadly amend and prevent changes to the CCPA that would undermine its consumer protections. The proposed ballot initiative, submitted by the...

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Washington State Takes the Lead in CCPA Copycat Legislation Race, Trends Emerge

Since the California Consumer Privacy Act (CCPA) took effect on January 1, 2020, “copycat” legislation has been introduced at a dizzying pace by state legislatures across the country. Taking their cues from CCPA, at last count 16 states have borrowed language from California’s watershed law regarding consumer notices, data subject rights requests, and definitions of “personal information, “sale” of data and other key items. The likely intent is to provide equal (or, in some cases, greater) protections to the residents of their states. As a practical matter, however, none of the proposed laws is identical to CCPA (nor to each other); some look to the EU General Data Protection Regulation (GDPR), and each takes a complex approach that requires careful reading. The proposed Washington Privacy Act (SB 6281) has been touted as the most comprehensive data protection law in the United States and combines elements of CCPA and GDPR, adding specific protections for...

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CCPA Has Just Gone Into Effect, But Businesses May Need to Prepare for a New California Privacy Law

The California Consumer Privacy Act (CCPA) is not yet one month old, but movement has already started on a new California privacy law. In November 2019, the advocacy group Californians for Consumer Privacy, led by Alastair Mactaggart, the architect of CCPA, submitted a proposed California ballot initiative to the Office of the California Attorney General that would build upon the consumer privacy protections and requirements established by CCPA. In December 2019, as required under state law, California Attorney General Xavier Becerra released a title for and summary of the proposed ballot initiative, which will be known as the California Privacy Rights Act (CPRA). Key Provisions of the CPRA CPRA seeks to give California consumers additional control over and protection of their personal information in five core ways. CPRA would require businesses to disclose when and how automated decision making is used for decisions that significantly affect a consumer’s...

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To Scan or Not to Scan: Surge in Lawsuits under Illinois Biometrics Law

Although the Illinois Biometric Information Privacy Act has been on the books for almost 10 years, a recent surge in lawsuits has likely been brought on by developments in biometric scanning technology and its increased use in the workplace. At least 32 class action lawsuits have been filed in recent months by Illinois residents in state court challenging the collection, use and storage of biometric data by companies in the state. This could potentially cause a reevaluation of company strategies and development of new defenses in the use of advancing biometric technology. Read “To Scan or Not to Scan: Surge in Lawsuits under Illinois Biometrics Law.”

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