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California Attorney General Releases Proposed CCPA Regulations

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California Attorney Xavier Becerra unveiled highly-awaited regulations on October 10, 2019 to enforce the California Consumer Privacy Act, a sweeping new privacy law set to take effect on January 1, 2020.

The text of the CCPA proposed regulation is available here. As a few highlights, the proposed regulation:

  • Defines “categories of sources” and “categories of third parties” to include consumer data resellers, among other types of entities. This shows the Attorney General’s increased scrutiny on data brokers.
  • Requires privacy notices to “[b]e accessible to consumers with disabilities” and “[a]t a minimum, provide information on how a consumer with a disability may access the notice in an alternative format.” This is consistent with recent trends towards ADA website compliance.
  • Requires businesses to either (1) notify consumers of the sale of their data, if they collected the data from third party sources, or (2) confirm or receive signed attestations from the source describing how they provided a notice of collection.
  • Requires greater offline rights to notice and opt-outs of sale, for businesses that substantially interact with consumers offline.
  • Contemplates a button or logo opt-out in a modified version of the regulation.
  • Recognizes the security risks of providing specific pieces of information in response to a request, with requirements around verification of identity and security of transmission.

Individuals and businesses interested in shaping the final CCPA regulations can attend public hearings or send comments by mail or email to the following:

  • Email: PrivacyRegulations@doj.ca.gov
  • Privacy Regulations Coordinator
    California Office of the Attorney General
    300 South Spring Street, First Floor
    Los Angeles, CA 90013

The public hearing dates and locations are as follows:

Public Hearing DatesLocations
Sacramento
December 2, 2019
10:00 a.m.
CalEPA Building
Coastal Room, 2nd Floor
1001 I Street
Sacramento, CA 95814
Los Angeles
December 3, 2019
10:00 a.m.
Ronald Reagan Building
Auditorium, 1st Floor
300 S. Spring Street
Los Angeles, CA 90013
San Francisco
December 4, 2019
10:00 a.m.
Milton Marks Conference Center
Lower Level
455 Golden Gate Ave.
San Francisco, CA 94102
Fresno
December 5, 2019
10:00 a.m.
Fresno Hugh Burns Building
Assembly Room #1036
2550 Mariposa Mall
Fresno, CA 93721

More information about the public hearings and proposed CCPA regulation is available on the Attorney General’s CCPA website.

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Privacy Rights in Class Action Lawsuits – Should Putative Class Members Opt-In Before Their Personal Information Is Disclosed in California Consumer Privacy Act Litigation?

[Originally published in Orange County Lawyer Magazine, May 2019, Vol. 61 No.5.,by Lily Li and Matthew Wegner; Image Credit: kmicican from pixabay.com]

In 2020, the nation’s toughest data privacy law will take effect in California. The California Consumer Privacy Act of 2018 (CCPA) imposes harsh restrictions on companies seeking to sell consumers’ data, including statutory penalties for any breaches of data. This legislation was spurred by public outrage against the Facebook-Cambridge Analytica scandal and Equifax, Target, and Yahoo data hacks, and reflects a growing trend to protect consumer data privacy.

As with so many legislative and judicial movements in California—for example, the Save-On decision, which ushered in a wave of wage-and-hour class actions in the early 2000s, or Business & Professions Code section 17200, which before Proposition 64 was tacked-on to countless consumer class actions—the CCPA is likely to usher in a host of new class action litigation as plaintiffs (and their attorneys) seek to recover statutory damages for data privacy violations.

Continue Reading Privacy Rights in Class Action Lawsuits – Should Putative Class Members Opt-In Before Their Personal Information Is Disclosed in California Consumer Privacy Act Litigation?
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Privacy Law Forecast for 2019

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This past year was quite a whirlwind for privacy and cybersecurity watchers. Just to sum up a few of the top events of last year:

  • Facebook’s Cambridge Analytica scandal rocked political headlines
  • Europe introduced the GDPR, the most comprehensive data protection legislation to date in the world
  • California enacted the California Consumer Privacy Act, becoming the first US state to create GDPR-style rules
  • Google came under fire for allowing app developers to read your email, and track your location (even with location tracking off!)
  • Marriott’s guest reservation system was hacked, exposing the personal information of up to 500 million guests, including passport numbers and payment numbers for some of those hacked

What will happen in 2019? Here are our top 5 predictions:

Continue Reading Privacy Law Forecast for 2019

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California Consumer Privacy Act vs GDPR – How to Maximize Your Privacy Compliance Program

California’s recent passage of the Consumer Privacy Act of 2018 now places the world’s fifth-largest economy under European style data protection rules. Given the new law, US businesses that were previously hesitant to implement GDPR are now reconsidering their position.

Luckily, the GDPR and the California Consumer Privacy Act (CCPA or CaCPA) share some similarities. Both provide for consumer-facing privacy notices, data access rights, and data portability. As businesses automate their GDPR compliance processes, they should also leverage those same processes under the CaCPA to save significant time and expense.

Below, we have listed five common operational steps that all businesses should take in their GDPR and CaCPA privacy compliance programs:
Continue Reading California Consumer Privacy Act vs GDPR – How to Maximize Your Privacy Compliance Program

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California Consumer Privacy Act – The Top 5 Things You Need to Know

On June 28, 2018 Governor Brown signed off on the strictest set of data privacy laws to date in the United States – the California Consumer Privacy Act of 2018 (full text here). Learn more about how it compares to the former ballot initiative here.

The Consumer Privacy Act will give Californians unprecedented rights to know what information businesses collect about them, where that information comes from, and control how that information is shared. It applies to all companies that “do business” in California and that exceed one of the following thresholds:

  • Annual gross revenues of more than 25 million dollars
  • Processes the personal information of 50,000 or more California residents, households or devices annually
  • Receives 50% or more annual revenue from selling the personal information of California residents

According to a recent study by the International Association of Privacy Professionals, this means that over 500,000 US companies will be affected by the Consumer Privacy Act – including small to medium sized businesses.

Given the far-reaching effects of the Consumer Privacy Act, here are the top 5 things businesses should know about this new law:

1. The “Right to Know”: California consumers will have the ability to make a request, once every 12 months, to receive the following information about them:Continue Reading California Consumer Privacy Act – The Top 5 Things You Need to Know

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