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
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…
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 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 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.
Continue Reading Equifax Reaches Historic $575 Million Settlement Agreement Arising from 2017 Data Breach
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.
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.
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
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…
Alabama has officially joined the data breach notification party. Alabama Governor Kay Ivey signed Act No. 2018-396 into law on March 28, 2018. The law will take effect on June 1, 2018. Although it was last in the country to enact such a data security law, Alabama’s new law will immediately take its place among the most stringent in the nation.
The Alabama law generally can be categorized into four obligations:
- All entities subject to the law (covered entities and third-party agents) must “implement and maintain reasonable security measures to protect sensitive personally identifying information against a breach of security.”
- A “covered entity shall conduct a good faith and prompt investigation” into “a breach of security that has or may have occurred in relation to sensitive personally identifying information.”
- A covered entity must notify each affected Alabama resident, and a third-party agent must notify the covered entity, of a “breach of security involving sensitive personally identifying information;”
- A covered entity must notify the Alabama Attorney General and credit reporting agencies of a breach involving more than 1,000 Alabama residents.
South Dakota (site of Ballard’s newest office) has become the 49th State to enact a data breach notification law. South Dakota Governor Dennis Daugaard signed SB 62 into law on March 21, 2018. The law will take effect on July 1, 2018.
As with similar measures pending in other state legislatures, SB 62 was introduced in the South Dakota Senate on January 9, 2018, in the wake of the disclosures relating to the Equifax breaches. The law generally mirrors those of many other states, but includes a few new wrinkles.
Continue Reading South Dakota Enacts Data Breach Notification Law