CCPA
Subscribe to CCPA's Posts

Key Issues We’re Tracking as CCPA Enforcement Nears

Although 2020 has already provided more than its share of surprises for businesses, one thing appears to remain unchanged: the California attorney general’s commitment to enforcing the California Consumer Privacy Act beginning July 1, 2020. As companies work to ensure compliance with this legislation, we explore several key issues. No one will disagree that a lot has happened since the California Consumer Privacy Act (CCPA) went into effect on January 1, 2020. Despite the Coronavirus (COVID-19) pandemic, the invasion of murder hornets and a number of other not-entirely pleasant surprises that 2020 has brought us thus far, it appears that the California attorney general is still committed to enforcing the CCPA starting on July 1, 2020. As your business prepares for CCPA enforcement, there are a number of issues to keep in mind: 1. The CCPA regulations still have not been finalized and are unlikely to take effect until October 2020. The attorney general’s...

Continue Reading

Importance of CCPA Compliance Highlighted by First Round of Private Actions

The first wave of California Consumer Privacy Act litigation has begun to roll in, and the complaints are already raising interesting questions about the scope of CCPA’s private right of action. The actions assert a variety of claims under numerous theories and present a broad range of potential risks to businesses subject to CCPA. In light of the many questions that surround CCPA’s private right of action, the extent of possible liability from private litigation is still largely unknown and potentially significant. The first wave of private lawsuits filed under the California Consumer Privacy Act (CCPA) has begun to roll in, and the complaints are already raising interesting questions about the scope of CCPA’s private right of action. The recent explosion in popularity of video conferencing and social media software in response to the COVID-19 pandemic—and the technical issues some of these products have experienced—has inspired its own wave of litigation,...

Continue Reading

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...

Continue Reading

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...

Continue Reading

Privacy and Data Security: 2020 Considerations for the Insurance Industry

With the California Consumer Privacy Act of 2018 (CCPA) having taken effect on January 1, 2020, the privacy and data security landscape for insurance carriers, producers and insurtech (collectively, “insurers”) continues to grow more complex. A number of states have also recently passed laws regulating data security in the insurance industry, with the first transition period under a number of these laws set to end in 2020. Given the significant amount of sensitive personal information that insurers collect, process and retain, this trend of increased privacy and data security regulation within the insurance industry is likely to continue. To stay ahead of these new privacy and data security requirements, insurers need to take steps now to navigate the increasingly complex regulatory landscape. How Does the CCPA Impact Insurers? On January 1, 2020, California became the first state in the United States to enact comprehensive privacy legislation that governs...

Continue Reading

Available Now – 2019 Digital Health Year in Review

Throughout the past year, the healthcare and life science industries experienced a proliferation of digital health innovation that challenged traditional notions of healthcare delivery and payment, as well as product research, development and commercialization, for long-standing and new stakeholders alike. Lawmakers and regulators made meaningful progress towards modernizing the existing legal framework to both protect patients and consumers and encourage continued innovation, but these efforts still lag behind the pace of digital health innovation. As a result, some obstacles, misalignment and ambiguity remain, and 2020 will likely be another year of significant legal and regulatory change. Click here to read our review of key developments that shaped digital health in 2019 and set the groundwork for trends in 2020.  

Continue Reading

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...

Continue Reading

CCPA and ‘Reasonable Security’: A Game Changer

On January 1, 2020, the California Consumer Privacy Act of 2018 (CCPA) went into effect. The CCPA applies to a wide range of companies and broadly governs the collection, use and sale of personal information of California residents (i.e., consumers and certain other individuals) and households. The CCPA provides that consumers may seek statutory damages of between $100 and $750, or actual damages if greater, against a company in the event of a data breach of nonredacted and nonencrypted personal information that results from the company’s failure to implement reasonable security. The amount of the statutory damages depends on factors such as the nature and seriousness of the company’s misconduct, the number of violations, the persistence of the company’s misconduct, the length of time over which the misconduct occurred, and the company’s assets, liabilities and net worth. To defend against these consumer actions, a company must show that it has implemented...

Continue Reading

Though CCPA is Now Live, Questions About Its Constitutionality Linger

As businesses have scrambled to obtain compliance with the California Consumer Privacy Act (CCPA) in recent months, questions surrounding its constitutionality have arisen. As a broad, sometimes unclear state law that imposes significant obligations on businesses around the country, CCPA may be ripe for legal challenge. The strongest bases for such challenges appear to be: (1) that CCPA violates the “Dormant Commerce Clause”; and (2) that CCPA is impermissibly vague. Dormant Commerce Clause The burden that CCPA imposes on out-of-state economic activity may place it in violation of the Dormant Commerce Clause, a legal doctrine created out of the Commerce Clause of the US Constitution. The Commerce Clause allows the US Congress to regulate interstate commerce; from this grant of power, courts have inferred a limitation on the authority of states to regulate interstate commerce, a doctrine coined the Dormant Commerce Clause. On this basis, courts will strike...

Continue Reading

Little by Little, Attorney General Becerra Sheds Light on the CCPA in 2020

Minimal Changes Expected to the Final Regulations On October 10, 2019, the Attorney General issued his Proposed Text of Regulations, along with a Notice of Proposed Rulemaking Action and Initial Statement of Reasons. According to the Attorney General, the regulations will “benefit the welfare of California residents because they will facilitate the implementation of many components of the CCPA” and “provid[e] clear direction to businesses on how to inform consumers of their rights and how to handle their requests.” See Notice of Proposed Rulemaking, page 10. The deadline to submit public comments on the proposed regulations was December 6, 2019. The Office of the Attorney General (OAG) reported receiving about 1,700 pages of written comments from almost 200 parties. Despite this, the Attorney General stated in a news briefing that he does not expect the final regulations to include significant changes. The proposed regulations should give everyone a sense of...

Continue Reading

STAY CONNECTED

TOPICS

ARCHIVES