In a surprising development, the California Privacy Protection Agency (CPPA) published proposed amendments to the CCPA regulations recently. The proposed amendments were initially made public on May 27 in a package of materials to be considered by the CPPA at its upcoming June 8 meeting. The proposed amendments—which in effect are the draft CPRA regulations—were
Draft CPRA Regulations Released by CPPA
The California Privacy Protection Agency (“CPPA”) scheduled a Board Meeting for June 8th, in which it will be discussing and possibly taking action with regard to the much anticipated CPRA enforcing regulations. To facilitate this discussion, the CPPA included a draft of the proposed regulations as part of the meeting records. This draft
Are Inferences Trade Secrets Under the CCPA?
The California AG recently released its first Opinion interpreting the California Consumer Privacy Act (CCPA), highlighting a brewing conflict over the inferences that businesses generate about their consumers. This Opinion addresses the question of whether Right to Know requests extend to these inferences. It states that businesses are obligated to disclose inferences (1) derived from either public or private personal information (2) that are used by the business for the purpose of creating a profile about the consumer. While the Office of the Attorney General acknowledged that the CCPA does not require businesses to reveal trade secrets, the Opinion raised serious questions as to whether inferences may qualify as trade secrets and, if so, the scope of a business’s compliance obligations.
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Predictions for Privacy & Data Security in 2022
2021 proved to be a momentous year for privacy and data security law. The scourge of ransomware continued last year, leading to record-setting ransomware payments, a muscular response from the federal government, a hardening insurance market, and significant corporate anxiety. Two more U.S. states passed comprehensive data privacy laws in 2021. The FTC was very active, issuing new guidance for artificial intelligence (AI), publishing revisions to the GLBA Safeguards Rule, and bringing new enforcement actions. The U.S. Supreme Court issued a number of opinions that had the effect of narrowing the scope of key privacy statutes while biometric litigation in Illinois exploded. The European Commission promulgated new rules for cross-border transfers, and U.S. state regulatory enforcement activities ramped up.
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California Enforcement Updates and Privacy Tools Highlight Regulatory Scrutiny of Right to Opt Out
With a little over a year of enforcing the California Consumer Privacy Act (CCPA) under its belt, the Office of the California Attorney General (OAG) recently held a press conference to announce updates on its CCPA enforcement efforts and promote new tools relating to California consumers’ right to opt out of the sale of their personal information.
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Federal Court Dismisses CCPA Claim Against Marriot International, Inc. For Lack of Standing
On January 12, 2021, the federal District Court for the Central District of California dismissed a data breach law suit—including a claim filed under the California Consumer Privacy Act (“CCPA”)—against Marriott International, Inc. The holding, which dismissed the claims for lack of standing, will likely play a role in a number of CCPA cases that
California Attorney General Shows No Sign of Slowing CCPA Rulemaking with Fourth Set of Proposed Modifications
The California Attorney General’s Office recently released a fourth set of proposed regulatory modifications to the California Consumer Privacy Act (the “CCPA”).
As background, the Attorney General’s Office had only just recently given notice of a third set of modifications on October 12, 2020. The third set of modifications revised the regulations relating to the
California Voters Approve CPRA
On November 4, 2020, California voters approved of the ballot initiative Proposition 24, more commonly known as the California Privacy Rights Act (the “CPRA”). The CPRA goes into effect on January 1, 2023, and will expand several of the existing protections in the California Consumer Privacy Act (the “CCPA”).
As background, the original CCPA
California Department of Justice Proposes Third Set of Amendments to CCPA Regulations
The Regulations to the California Consumer Privacy Act (CCPA) continue to evolve, in confusing fashion. As background, the AG’s Office had previously issued proposed Regulations to the CCPA in October 2019. The AG’s Office then issued a revised set of proposed amendments to the Regulations in February 2020 and then again in March 2020. While
CCPA Amendments Signed into Law
Last week, California Governor Gavin Newsom signed into law two amendments to the California Consumer Privacy Act (CCPA) that would impact various CCPA exemptions. One amendment, A.B. 1281 would extend two exemptions that were set to expire later this year: the employee exemption and the business (B2B) exemption. Both of these exemptions will now remain