ADMT

The 2025 legislative cycle marked a pivotal year in US privacy law, defined not only by continued nationwide expansion into Artificial Intelligence (AI) governance, children’s and teen privacy and online safety, as well as emerging data categories, but by a major restructuring of California’s privacy enforcement infrastructure. California’s introduction of the Delete Request and Opt-out Platform (DROP) system, the nation’s first centralized, statewide platform for managing consumer deletion requests; combined with sweeping reforms to the Consumer Privacy Fund, will materially increase CalPrivacy and attorney general enforcement capacity on a recurring, self-replenishing basis. These developments accompany completion of a far-reaching rulemaking package that imposes detailed obligations for Data Protection Impact Assessments (DPIAs or risk assessments), cybersecurity governance and Automated Decision-Making Technology (ADMT). At the same time, states beyond California have enacted targeted statutory reforms addressing neurotechnology, data-broker practices and minors’ online safety, underscoring that – absent federal preemption – state-driven models will continue to shape the national privacy compliance landscape in 2026. By January 2026, there will be 20 state consumer privacy laws in effect, several with unique material obligations. We detail what enterprises need to be prepared for in 2026 and explain why we believe next year will be a watershed period for consumer privacy in the US.Continue Reading 2025 State Privacy Roundup: Key Trends and California Developments to Watch in 2026

The rulemaking process on California’s Proposed “Regulations on CCPA Updates, Cybersecurity Audits, Risk Assessments, Automated Decisionmaking Technology, and Insurance Companies” (2025 CCPA Regulations) has been ongoing since November 2024.  With the one-year statutory period to complete the rulemaking or be forced to start anew on the horizon, the California Privacy Protection Agency (CPPA) voted unanimously to move a revised set of draft regulations forward to public comment on May 1, which began May 9 and closes at 5 pm Pacific June 2, 2025.  The revisions cut back on the regulation of Automated Decision-making Technology (ADMT), eliminate the regulation of AI, address potential Constitutional deficiencies with regard to risk assessment requirements and somewhat ease cybersecurity audit obligations.  This substantially revised draft is projected by the CPPA to save California businesses approximately 2.25 billion dollars in the first year of implementation, a 64% savings from the projected cost of the prior draft.Continue Reading Revised Draft California Privacy Regulations Lessen Impact on Business

As reported previously, the California Privacy Protection Agency (“CPPA”) closed the public comment period for its proposed cybersecurity audit, risk assessment and automated decision-making technology (“ADMT”) regulations (the “Proposed Regulations”) in late February. In advance of the CPPA’s April 4 meeting, the CPPA released a new draft of the Proposed Regulations, which proposed relatively minor substantive changes, but pushed back the dates for when certain obligations would become effective. The Agency’s Board met on April 4, 2025, to discuss the new proposals and comments received, as well as the potential for some very different alternatives, especially related to ADMT. Members of the CPPA Board debated the staff’s approach and ultimately sent the staff back to narrow the scope of the Proposed Regulations, clarify what was in and out of scope with more examples, and to further consider how to reduce the costs and burdens on businesses. While it is unclear exactly what staff will come back with, the alternatives discussed provide some hints on what a more constrained approach may look like.Continue Reading The Future for California’s Latest Generation of Privacy Regulations is Uncertain

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

CA Legislators Charge That Privacy Agency AI Rulemaking Is Beyond Its Authority

Data Processing Evaluation and Risk Assessment Requirements Under…

As we have previously detailed here, the latest generation of regulations under the California Consumer Privacy Act (CCPA), drafted by the California Privacy Protection Agency (CPPA), have advanced beyond public comments are closer to becoming final. These include regulations on automated decision-making technology (ADMT), data processing evaluation and risk assessment requirements and cybersecurity audits. Recently, Privacy World’s Alan Friel spoke at the California Lawyer’s Association’s Annual Privacy Summit at UCLA in Westwood, California (Go Bruins!) on the evaluation and assessment proposals. Separately, Privacy World’s Lydia de la Torre, a CPPA Board Member until recently, spoke on artificial intelligence laws and litigation. A transcript of Alan’s presentation follows:Continue Reading Data Processing Evaluation and Risk Assessment Requirements Under California’s Proposed CCPA Regulations

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Light at the End of the Tunnel – Are You Ready for the New California Privacy and Cybersecurity Rules?

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After what seems like forever, the most recent (and last?) public comment period for the draft California Consumer Privacy Act (CCPA) regulations finally closed on February 19, 2025. (Read Privacy World coverage here and here.) 

Following an initial public comment period on an earlier draft, the formal comment period for the current version of the proposed CPPA regulations (Proposed Regulations) began on November 22, 2024. The Proposed Regulations include amendments to the existing CCPA regulations and new regulations on automated decision-making technology, profiling, cybersecurity audits, requirements for insurance companies and data practice risk assessments. The California Privacy Protection Agency (CPPA) may either submit a final rulemaking package to the California Office of Administrative Law (OAL, which confirms statutory authority) or modify the Proposed Regulations in response to comments received during the public comment period.Continue Reading Light at the End of the Tunnel – Are You Ready for the New California Privacy and Cybersecurity Rules?