On Friday, February 7, 2020, the California Attorney General’s (AG) Office released modified regulations to the California Consumer Privacy Act (CCPA). The modified regulations incorporate amendments to the CCPA signed into law after the AG’s Office promulgated regulations in October 2019. The modified regulations also reflect public comments made during the initial comment period, which
2019 Year in Review
Happy (belated) New Year! 2020 marks the second anniversary of CyberAdviser. In the word of data privacy and cybersecurity, a great deal has happened over that span of time, including the enactment of the GDPR, BDLC (Brazil’s new privacy law), and the CCPA, the continued expansion of data breach and biometrics litigation, important US federal
Analysis: Verifying Consumer Requests Under the CCPA
For businesses, one of the more worrisome scenarios under the CCPA occurs when they mistakenly provide personal information of a consumer to the wrong party in response to a consumer request, whether because of fraud or simple mistake. Because the definition of data breach under the CCPA is very broad, the unauthorized sharing of personal
Analysis: Notice Provisions of CCPA Proposed Regulations
To the surprise of some, the proposed CCPA Regulations issued last Thursday don’t address many of the well-discussed ambiguities under the law (such as what “valuable consideration” means in the context of a sale of personal information). Rather, the proposed Regulations address a number of technical, nut-and-bolt type compliance issues concerning how businesses must make
Making Sense of EU Cookie Law in the Wake of CJEU’s Planet49 Ruling
The perplexing question of what U.S. companies must do to comply with EU “cookie” law became slightly more clear with the recent decision of the European Court of Justice (CJEU) in Planet49 GmbH, but numerous questions still remain. A main source of confusion about cookies is the interplay between two EU privacy laws, the
FinCEN Director Blanco Addresses “Cyber Hygiene”
Remarks Focus on Account Takeovers, BEC Schemes, Beneficial Ownership, Technological Innovation and SARs
FinCEN Director Kenneth A. Blanco delivered prepared remarks on September 24 at the 2019 Federal Identity (FedID) Forum and Exposition in Tampa, Florida.
Director Blanco summarized the topics of his remarks by stating the following:
- First, I would like to tell you
Delaware and New Hampshire Join Growing List of States With New Insurance Data Security Laws
Delaware (July 31, 2019) and New Hampshire (August 2, 2019) have become the latest states to add to the insurance cybersecurity landscape by enacting information security laws. These laws come on the heels of Connecticut’s law enacted a few days earlier. Notably, while Connecticut followed the New York Department of Financial Services’ 2017 Cybersecurity
Connecticut Becomes Latest State to Enact Insurance Data Security Law
On July 26, 2019, Connecticut Governor Ned Lamont signed into the law the state’s new Insurance Data Security Law, which imposes new information security, risk management, and reporting requirements for carriers, producers, and other businesses licensed by the Connecticut Insurance Department (“CID”). In doing so, Connecticut joins New York, South Carolina, Ohio, Michigan, and Mississippi
New York State Data Privacy Law Fails
New York’s proposed data privacy law failed to materialize in the latest legislative session and is now presumed dead. New York was one of a number of states that proposed sweeping privacy legislation after the enactment of the California Consumer Privacy Act (CCPA). The proposed New York law, in fact, was broader than the CCPA
Proposed Expansion of CCPA’s Private Right of Action Defeated in State Senate
In April 2019, the California Assembly Privacy and Consumer Protection Committee rejected a proposal known commonly as the “Privacy for All Act” (AB-1760), which among other things would have provided a private right of action for all violations of the California Consumer Privacy Act (CCPA). The rejection of AB-1760 was a blow to consumer privacy advocates. A similar measure, SB-561, would also have provided a private right of action for all privacy violations. That bill has also been defeated, meaning that the CCPA’s private right of action provisions will not be expanded this year.
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