California Privacy Rights Act (CPRA)

The California Privacy Protection Agency sent a Notice of Cancellation of Regular Meeting canceling its upcoming public meeting where it was scheduled to discuss (and possibly take action on) the Modified Text of Proposed Regulations (“Modified Regs”). The Modified Regs are now scheduled to be considered during the October 28-29, 2022 public meeting,…

On October 17, 2022, the California Privacy Protection Agency (“CPPA” or “Agency”) published Modified Text of Proposed Regulations (“Modified Regs”) and Explanation of Modified Text of Proposed Regulations (“Explanation of Modified Regs”). The CPPA review of the Modified Regs has been postponed and is now scheduled to be considered during the October 28-29, 2022 public meeting.

Recall that earlier this year, on May 27, 2022, the CPPA published the first draft of the proposed CPRA Regs and initial statement of reasons. The Agency commenced the formal rulemaking process to adopt the Regs on July 8, 2022, and the 45-day public comment period closed on August 23, 2022. The comments submitted in response to the first draft of the Regs are available here.
Continue Reading Revised Proposed CPRA Regs To Be Considered At October 28, 2022 Meeting

This blog post is a bonus supplement to our quarterly Artificial Intelligence and Biometric Privacy Quarterly Review Newsletter. Be on the lookout for our Q3 Newsletter!

We are quickly approaching the Jan. 1, 2023 operative date of most of the provisions of the California Privacy Rights Act (“CPRA), which, as most of us know by now, substantially amends the CCPA. Under the CPRA, the California Privacy Protection Agency (“CPPA” or “Agency”) has a mandate to issue regulations on a number of specific topics. With just fewer than three months to go until January 1, regulations are not even close to being finalized.  The Agency released the first draft of proposed regulations on May 24, and the first public comment period ended on August 23. In a meeting held by the CPPA on Friday, September 23, the Agency gave no concrete sense of timing or any comments on topics, such as those discussed in this post, for which regulations have not even been issued. This has left many businesses feeling left in the lurch, uncertain of what to do.
Continue Reading Profiling and Automated Decision-Making: How to Prepare in the Absence of Draft CPRA Regulations

On September 30, 2022, the Colorado Attorney General’s Office (“Colorado AG”) issued its proposed draft Colorado Privacy Act (“CPA”) Rules (the “CPA Rules” or “Rules”). The draft Rules, which add significant complexity and obligations on businesses, go far beyond what was expected of the Colorado AG and, despite the repeated insistence for interoperability with other…

On Friday, September 23, the California Privacy Protection Agency (CCPA) held a Board meeting about various CPPA administrative activities.
Continue Reading Update on the California Privacy Protection Agency: Still No Date Certain for the CPRA Regulations

In case you missed it, below are recent posts from Consumer 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.

2023 State Privacy Laws: How to Assess and Ensure Readiness by Year-end

New topic for EDPB’s coordinated enforcement action:…

We head into the fourth quarter on the heels of the first public California Consumer Privacy Act (CCPA) civil penalty, while also looking ahead to the new state privacy laws in Virginia, Colorado, Connecticut, and Utah and the significant updates that the California Privacy Rights Act (CPRA) will bring to the CCPA. Considering that regulations…

In case you missed it, below are recent posts from Consumer 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.

CPW’s Shea Leitch and Kyle Dull to Speak at ACC South Florida’s 12th Annual CLE Conference

CPW’s David Oberly…

Kyle Dull (Senior Associate, New York/Miami) will speak on Friday, September 16, at the Association of Corporate Counsel (ACC) South Florida Chapter’s 12th Annual CLE Conference, “Casino Royale: Accepting the In-House Mission.” Kyle’s aptly named panel, “For Your Eyes Only: Dealing with Security Risks, New Privacy Laws, and Vendor Management,” will cover the current…

In the absence of any progress at the federal level, states have taken matters into their own hands with the introduction of proposed consumer privacy legislation geared toward placing greater protections over consumers’ sensitive personal data. 2021 was a busy year for state legislatures, with both Virginia and Colorado enacting new consumer privacy statutes of their own. 2022 brought more of the same, with Utah and Connecticut adding their names to the growing list of states that now have laws on the books granting consumers extensive rights regarding the collection and use of their personal data while at the same time imposing wide-ranging obligations on companies that handle that same data.
Continue Reading SPB Senior Associate Examines Recent Major Changes to Consumer Privacy Legal Landscape in Latest Issue of the Cincinnati Bar Association’s CBA Report Magazine