On February 21st, the California Attorney General (AG) Rob Bonta announced a settlement with DoorDash for violations of the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA) relating to its participation in a marketing co-operative. This action represents only the second public enforcement action since the CCPA went into effect
State Attorneys General
Connecticut AG Issues Report to General Assembly on CTDPA
On February 1, 2024, the Connecticut Office of the Attorney General (“OAG”) submitted to the Connecticut General Assembly its report on the first six months of the Connecticut Data Privacy Act (“CTDPA”). While the report includes important information about its enforcement efforts to date, the most noteworthy aspect may be its recommendation to the legislature…
Lessons from the Texas Biometric Data Action Against Google
On October 20, 2022, Texas Attorney General Ken Paxton brought suit in Texas district court against Google for alleged violations of the Texas Capture or Use of Biometric Identifier Act (“CUBI”). The petition claims that Google violated CUBI by collecting, analyzing, and storing the facial geometry of individuals who appear in photos that have…
Real World Implications of Sephora
On August 24, California Attorney General Rob Bonta announced a $1.2 million settlement with Sephora over allegations that the cosmetic retailer had violated the California Consumer Privacy Act (CCPA). This first public enforcement action—and subsequent noncompliance letters the Attorney General sent to other retailers—clearly highlight the continued focus of regulators on online tracking practices and opt-out signals such…
Colorado AG Publishes Draft Privacy Rules
On October 1, 2022, the Colorado Attorney General‘s Office announced that it had submitted the first draft of its Rules implementing the Colorado Privacy Act.
The draft Colorado Rules run only 38 pages long—in notable contrast to the draft California regulations that run 66 pages (albeit in redline). Moreover, the draft Colorado Rules address…
Colorado Passes Data Privacy Law
Colorado has become the third state in the country to pass a comprehensive data privacy law, joining California and Virginia. Assuming the governor signs—as he is widely expected to do—the Colorado Privacy Act (the “CPA”) will go into effect on July 1, 2023.
Similar to the California and Virginia laws, the CPA affords Colorado “consumers”…
Equifax Reaches Historic $575 Million Settlement Agreement Arising from 2017 Data Breach
Equifax has agreed to pay $575 million to settle consumer as well as state and federal regulatory claims for its 2017 data breach. This is the largest data breach settlement to date.
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Texas Legislature Weighing Proposed New Privacy Laws
Recently, legislators in Texas introduced two bills relating to consumer privacy and data protection: H.B. No. 4518, the Texas Consumer Privacy Act (“Texas CPA”) and H.B. No. 4390, the Texas Privacy Protection Act (“TPPA”). These bills bear a strong resemblance to the California Consumer Privacy Act (the “California CPA”), and would lay the groundwork for extensive administrative schemes protecting consumers’ rights to their personal information.
Texas CPA
The Texas CPA bears strong similarity to California CPA. The Texas CPA, which, if adopted, would take effect September 1, 2020, applies to companies that do business and collect consumer data and:
- Derive at least 50% of their annual revenue selling consumers’ personal information; or
- Exceed $25 million in gross annual revenue (with that amount subject to adjustment by the Texas Attorney General every two years); or
- Buy, sell, or receive the personal information of at least 50,000 consumers, households, or devices for commercial purposes
- The Texas CPA would also apply to entities owned by companies that would be subject to the law. Similar to the California CPA, the Texas CPA contains express provisions governing rulemaking, implementation, and enforcement of the law. Notably, the legislation highlights various consumer rights, including (but not limited to):
- A consumer’s right to disclosure, from the business, of the personal information the business collected.
- A consumer’s right to deletion of the personal information that the business collected (with some limited, specific exceptions).
- A consumer’s right to opt out of the sale of his or her personal information.
Continue Reading Texas Legislature Weighing Proposed New Privacy Laws
California Legislation Would Make CCPA Even Worse for Businesses
New proposed legislation in California, backed by state Attorney General (AG) Xavier Becerra, would amend the new California Consumer Privacy Act (CCPA) to make it easier for private plaintiffs and public officials to sue for violations while further increasing regulatory uncertainty and compliance costs for businesses. Specifically, SB 561 would expand the CCPA’s private right of action, remove the Act’s public enforcement “cure” provision, and eliminate the ability of affected companies to seek compliance guidance from the AG.
The CCPA is a sweeping new privacy law which goes into effect in January 2020. It gives California residents substantial control over personal data held by certain California businesses, requiring disclosure of what personal information the business collects, how that information is used or sold, and allowing consumers to control or delete that information upon request. It currently allows private plaintiffs to seek statutory damages of up to $750 per violation for certain violations, and it allows the AG to seek civil penalties of up to $2,500 for most violations, and up to $7,500 for violations found to be intentional.
Continue Reading California Legislation Would Make CCPA Even Worse for Businesses
CLE/Webinar: Colorado Cybersecurity Summit
Ballard Spahr’s Privacy and Data Security Group will again be hosting its Colorado Cybersecurity Summit on September 18, 2018, at Ballard Spahr’s Denver office and via webinar.
Highlights will include a discussion with the Colorado Deputy Attorney General who will be responsible for enforcing Colorado’s groundbreaking new cybersecurity law, as well as the former Director…