California’s Senate voted on Thursday to hold SB-561, effectively killing the bill for 2019. The CCPA gives consumers the right to sue a business for data breaches, and SB-561 would have expanded the right to sue for any violation of the CCPA, even technical privacy violations. The death of the bill means that the private right of action will remain limited to data breaches, and the California legislature will not revisit expansion until 2020 at earliest. Continue Reading CCPA Amendment Update: Bill to Expand Private Right of Action is Dead (for Now)

Many organizations are committing considerable resources to preparing for compliance with  the California Consumer Privacy Act (CCPA), a process that is complicated by the large number of pending proposed legislative amendments. We won’t rehash the history here. As you know, the Act has an effective date of January 1, 2020, and the Attorney General can enforce the Act on July 1, 2020 (or six months after issuing regulations). This post is meant to bring you up to speed on some of the key proposed amendments to the CCPA (there are many more not addressed here) and where they are in the California legislative process. This process is constantly in flux, so keep a close eye on the text and history of these bills (some of which are linked below).

Continue Reading The CCPA Amendments – What’s the Deal?

The Office of the California Attorney General (AG) made its fourth stop on its statewide California Consumer Privacy Act listening tour, holding in Los Angeles a public forum on the CCPA. The forums invite public comment as the AG prepares regulations for implementing and enforcing the law. Although the AG specifically requested comment on the seven areas identified in the law for the AG’s regulation,[1] it was clear that some categories caught the attention of the public more than others. And even though the forum was structured to allow participants to provide ideas and suggestions (the AG did not respond to comments or questions presented), most commentators asked for clarity and specific direction from the AG regulations, to help decipher the reach of CCPA and its compliance obligations.

Continue Reading Attorney General Holds Public Forum on CCPA

Vermont’s new Data Broker Regulation (“Regulation”) takes effect on January 1, 2019. The Regulation requires, among other things, that data brokers register with the Vermont Secretary State and protect personally identifiable information of Vermont residents. This week, the Vermont Attorney General issued guidance on the Regulation, which helps address questions on process and scope. Below are some of the key takeaways from the Regulation and guidance.

Continue Reading Vermont AG Issues Guidance on New Data Broker Regulation

This week, the New York State Attorney General announced a $4.95 million settlement with Oath Inc., the result of an investigation into violations of the Children’s Online Privacy Protection Act (“COPPA”).

The NYAG found that Oath’s ad exchanges transferred persistent identifiers and geolocation from website users to DSP bidders in its automated auction process.  While that may be fine for websites directed to grown-up audiences, COPPA includes persistent identifiers and geolocation in its definition of “personal information.”  And under the law, companies must obtain verifiable parental consent before collecting or using children’s personal information.

But instead of seeking verifiable parental consent, Oath treated all websites (and therefore all user information) the same, despite knowledge that some website inventory on its exchange was directed to children under 13 and subject to COPPA.  And instead of using available technology to avoid the use of children’s information altogether, Oath’s ad exchanges allowed advertisers to collect information on children and display ads on sites targeting children.  The “flagrant” violations of the law led to the largest-ever penalty under COPPA and a settlement agreement provided some remarkable takeaways:

Continue Reading AdTech Provider Hit with Record COPPA Fine

While new EU breach notification requirements have received significant media attention, closer to home are the data breach reporting obligations under Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), which took effect on November 1. PIPEDA is a Canadian federal privacy law that broadly governs the collection, maintenance, use and disclosure of Canadian citizens’ personal information during commercial activities. Unlike U.S. privacy laws currently in effect that form a regulatory patchwork of sectoral and industry-specific laws, PIPEDA follows an omnibus approach.

On June 18, 2015, Canada passed various amendments to PIPEDA, including the Digital Privacy Act. Most of the changes were simultaneously effective. However, the mandatory data breach reporting and its related reporting requirements just came into full force on November 1, 2018. Many U.S. companies are not aware that PIPEDA may apply to them.

Continue Reading PIPEDA Data Breach Reporting is in Effect

Once upon a time, Larry Page said “you can’t have privacy without security.” California clearly agrees and may test the sincerity of Mr. Page and other tech leaders innovating in the field of connected devices with new legislation signed by Governor Brown in September.

With the ink barely dry on the infamous California Consumer Privacy Act (the CCPA)—a first-of-its-kind data privacy bill in the United States—Brown signed a new Internet of Things cybersecurity bill into law, SB 327. Perhaps not so coincidentally, both laws will take effect on January 1, 2020, marking a substantial compliance deadline for technology companies big and small.

Continue Reading Your Vacuum Cleaner, Your Coffee Maker, and Your Baby Monitor May Be Watching You, So They Better Be Secure: California Passes New Connected Device Cybersecurity Law

Financial institutions and insurance companies operating in New York have until September 3, 2018 to comply with the next phase of New York’s Cybersecurity Regulations. Here’s what you need to know to avoid regulatory scrutiny.

Continue Reading Are You Ready for the New York Cybersecurity Regulations’ September 3rd Deadline?

Last week, British Airways (BA) became one of the first public relations victims of the General Data Protection Regulation (GDPR). Per reports from TechCrunch, BA requested that individuals who had tweeted BA regarding flight delay complaints respond on Twitter—to the public—with personal information, purportedly in order to comply with the GDPR. The personal information that BA representatives requested included full names, billing addresses, dates of birth, the last 4 digits of payment cards, and even passport numbers. Eventually, BA clarified that it did not mean that users should respond with the requested information in the public feed, but rather that they should do so via direct message (DM).

Continue Reading GDPR Woes Take Flight: British Airways Asks Customers to Tweet Their Personal Information in Misguided Attempt to “Comply” with GDPR

For the fourth time, the Federal Trade Commission (FTC) has reached a consent agreement with a company for alleged misrepresentations regarding Privacy Shield certification. A California-based company, ReadyTech Corporation, agreed to a settlement whereby it is “prohibited from misrepresenting its participation in any privacy or security program sponsored by a government or any self-regulatory or standard-setting organization, including but not limited to the EU-U.S. Privacy Shield framework and the Swiss-U.S. Privacy Shield framework.” Privacy Shield is one of a few mechanisms that are available to U.S. companies for the lawful transfer of personal data from the European Union and Switzerland to the United States pursuant to applicable data protection laws including the new General Data Protection Regulation (GDPR). As part of the process, companies must self-certify with the Department of Commerce (DoC) and then annually re-certify that the company is Privacy Shield compliant.

Continue Reading A Privacy Shield Enforcement Action: More to Come?