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 Consumer Privacy Act (CCPA)
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…
CCPA Regulations Go Into Effect – With a Few Final Changes
On August 14, 2020, the California Office of Administrative Law (“OAL”) approved in part and withdrew in part the Regulations regarding the California Consumer Privacy Act (“CCPA”). While most of the changes are non-substantive, the OAL withdrew certain provisions of the Regulations and resubmitted them to the Attorney General’s Office for further review. Approved sections…
CPRA Poised to Go On November 2020 Ballot
While businesses are busy finalizing CCPA preparations, a new privacy initiative in California called the California Privacy Rights Act (CPRA) may be headed to the November 2020 ballot. …
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Planning for the Worst: Privacy, Info Sec, and Bankruptcy
With the ongoing covid crisis leaving businesses of all sizes concerned about the short and medium term future, the intimidating task of considering a liquidation or restructuring is inevitably starting to become a reality. Although privacy in the bankruptcy context is nothing new—especially in the context of personally identifiable information (“PII”) held by a company—it…
Increased Use of Zoom Raises Privacy and Security Concerns
In light of COVID-19, many organizations are taking advantage of free video conferencing capabilities offered by Zoom. Almost overnight, Zoom has become one of the most popular video conferencing services among businesses and schools. Daily Zoom users have skyrocketed from 10 million users in December 2019 to 200 million users in March 2020. …
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Collecting Personal Information to Combat Coronavirus and the CCPA
Businesses subject to the California Consumer Privacy Act (“CCPA”) that have begun exploring the possibility of collecting data from visitors to their facilities to track potential coronavirus exposure and to allow/deny entry must take into consideration the fact that, by doing so, they would almost certainly be collecting data that would constitute personal information under …