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Kyle Fath

Hundreds of lawyers and several privacy regulators from California, Washington State, Oregon, Colorado, Connecticut, and the Federal Trade Commission gathered in Los Angeles last week for the second annual California Lawyers Association Privacy Summit (“Summit”). Among many engaging sessions on pressing topics, the panels with privacy regulators stood out discussions on enforcement priorities and administrative fines and injunctions, along with punchy and newsworthy statements – including that they are “plotting” and that considering the typical investigation presents “hundreds or thousands of violations,” potential fines are “significant.”

Perhaps even more newsworthy is that due to a California Court of Appeal order laid down as the Summit wound down on Friday, the stay in enforcement of the CCPA regulations was lifted. This happened as many companies were treating March 29, 2024, the end of the stay period, as the effective and enforcement date of regulations promulgated under the CPRA’s amendments by the California Privacy Protection Agency. The appeals order also nullifies the year delay in effectiveness of issued CCPA regulations that the trial court had required, making almost certain that CCPA regulations on risk assessments, cybersecurity assessments, and automated decision-making and profiling will be promulgated and in effect sometime this year, perhaps as early as Q2 or Q3.

Will 2024 be the year of privacy enforcement? In view of signaling from California regulators and those in other jurisdictions, and in view of several upcoming effective dates and regulatory deadlines, ongoing enforcement by regulators in California and beyond, and an impending uptick in privacy enforcement, it just might be. Stay tuned for future posts on these issues. Keep reading for more detailed takeaways regarding the Summit.Continue Reading Potential CCPA Fines “Significant”, California AG’s Office “Plotting” and Other Takeaways From Privacy Regulators during Privacy Summit in Los Angeles

Whether to and how to integrate AI into business operations remains a real challenge for companies considering the adoption of the technology. We have released “Ten Things About Artificial Intelligence (AI) for GCs in 2024” providing 10 key insights as a helpful guide on the issues around AI. Our global team stands ready

On Friday, February 9, the Court of Appeal of the State of California sided with the California Privacy Protection Agency (“CPPA” or “Agency”), finding that a California Superior Court judge erred when he issued an order staying the Agency’s enforcement of the regulations promulgated pursuant to the CPRA’s amendments to the CCPA until March 29

Last week, California Attorney General Rob Bonta announced an investigative sweep of providers of streaming services to determine whether these businesses are complying with California Consumer Privacy Act (“CCPA”) opt-out requirements for businesses that sell or share consumer personal information.

“From watching live sporting events to blockbuster movies, families increasingly use streaming platforms for entertainment, and we must make sure that their personal information is protected. Today, we are taking a close look at how these streaming services are complying with requirements that have been in place since 2020,” said Attorney General Bonta.Continue Reading California Attorney General Announces Industry Investigative Sweep into CCPA Compliance

2023 was an eventful year for privacy legislation, regulation and regulatory enforcement. The compliance landscape continues to develop and evolve rapidly, making it difficult for covered businesses to keep up with the myriad requirements. In this post, we discuss some of the year’s most interesting privacy compliance developments globally.Continue Reading 2023 Privacy Compliance Year in Review

On October 10, 2023, Governor Newsom signed into law SB 362, known as the “California Delete Act” or “Delete Act”, which had been passed by the legislature at the end of the 2023 legislative session on September 14. The Delete Act amends California’s existing Data Broker Registration law (Cal. Civ. Code Section 1798.99.80 et. seq). Among other things, the law imposes additional registration requirements on top of those that already exist, doubles the administrative fine for failure to register, requires the California Privacy Protection Agency (CPPA) to set up a one-stop shop deletion mechanism that allows consumers to make requests to all registered data brokers, and obligates data brokers to access the mechanism every 45 days and process each and every deletion request made by consumers within a prescribed timeframe (including directing all service providers and contractors of the request).Continue Reading California Delete Act Imposes New Obligations on Data Brokers

Last week, the Attorney General for California filed a notice of appeal to overturn a federal court ruling that the state’s Age-Appropriate Design Code Act (“CAADCA”) likely violates the First Amendment.  The appeal will put the constitutionality of California’s act before the Court of Appeals for the Ninth Circuit.

Following unanimous votes by the California

As many of our readers know, keeping up with new developments in the privacy landscape is sometimes like drinking from a firehose. With respect to privacy enforcement, particularly in California and Colorado, the hose was turned on June 30th and has been running all summer long. This barrage of information has left unanswered questions for many. What does the delay in enforcement of the California Consumer Privacy Act, as amended by the California Privacy Rights Act (CPRA) (together, CCPA) regulations really mean? What am I required to comply with as of today? What are regulators already focusing on in their privacy enforcement efforts this summer?Continue Reading Red Hot Enforcement Summer: No Vacation for California and Colorado Privacy Regulators

In 2020, when the California Consumer Privacy Act (CCPA) came into effect, the privacy landscape in the US changed forever. Fast forward three years, we now have close to a dozen states that have passed consumer privacy laws, with the second generation of consumer privacy laws giving particular attention to sensitive data. In particular, there is an emerging trend, in both new legislation and enforcement of existing privacy and consumer protection regimes, towards a focus on the collection, use, and sharing or selling of health-related personal information, specifically information that is outside the scope of the federal Health Insurance Portability and Accountability Act (HIPAA).[1] The effect is a restriction on what publishers, advertisers, and other commercial enterprises can do with consumer health information, often broadly defined to include any past, present or future health status or inference regardless of sensitivity (e.g., acne or a headache). These developments include:
Continue Reading Health (and Health-ish) Data and Advertising Under Scrutiny

As of July 1, four states’ privacy laws will be effective and enforceable – the California Consumer Privacy Act as amended by the California Privacy Rights Act of 2020 (CPRA) (collectively, CCPA), effective since January 1, becomes enforceable on that date; the Virginia Consumer Data Protection Act (VCDPA) has been effective and enforceable since January 1; and, on July 1, the Colorado Privacy Act (CPA) and Connecticut Data Privacy Act (CTDPA) are both effective and enforceable.

There are a number of compliance obligations that overlap among these laws where prior compliance efforts for the original CCPA in 2020, and in relation to its updates for January 1 of this year, will suffice for compliance with the other, non-California laws. This said, Colorado’s regulations, promulgated on March 15, 2023, materially deviate from the CCPA in a number of consequential areas in a way that likely requires companies to revisit their January 2023 privacy notices and practices. Now is also a good time to address CPRA, CPA, CTDPA and VCDPA compliance posture generally. While some businesses plan to wait until their end-of-year review and update process, when they can also assess the many additional state laws that have or will pass this year, delaying compliance until then risks enforcement actions, particularly by California and Colorado regulators (interestingly, Connecticut’s Attorney General recently released an FAQ).

This top-level summary of key considerations outlines the issues we are finding that clients have often overlooked in their January 2023 updates.
Continue Reading Are You July-1-READY? 2023 Privacy Laws and Regulations Call for Revisiting Your 2022 End-of-Year Compliance Efforts