Congratulations. You’re nearly to January 1 with new practices designed to address CCPA obligations. Hydrate, and grab an energy bar – you’re just hitting your stride. Up ahead, we’ll need to incorporate obligations under the final Attorney General CCPA regulations (finalized perhaps mid-summer?), potential new legislation, and perhaps changes from a ballot initiative, which just passed one of its own hurdles. On December 17, Californians for Consumer Privacy – the organization led by Alastair Mactaggart…

When it takes effect next month, the CCPA is almost certain to become an immediate spark for litigation.  While requests for access/deletion and individual or threatened claims start to fill in-house legal departments’ inboxes and the practical realities of compliance seize resources, a more fundamental question will need to be answered:  Is the CCPA constitutional? Whether in the form of a declaratory judgment action filed in early January or as part of the normal-course litigation…

On November 26, 2019, Senator Maria Cantwell (D-WA) along with other Democratic senators across four key Senate committees introduced the Consumer Online Privacy Right Act (“COPRA”).  Per Senator Klobuchar’s description, COPRA “establishes digital rules of the road for companies, ensures that consumers have the right to access and control how their personal data is being used, and gives the Federal Trade Commission and state attorneys general the tools they need to hold big tech companies…

California is not the only state focused on privacy.  The New Jersey Attorney General’s Office recently emphasized how the Office is prioritizing its enforcement of such issues. Over its first year, the newly-created Data Privacy & Cybersecurity Section within the New Jersey Division of Law has initiated its own actions and joined several multi-state investigations.  Privacy also plays a prominent role in private actions and draft legislation in the Garden State.  Companies marketing or selling…

As privacy and personal data issues continue to be a focus of both legal action and media coverage, privacy policy statements are getting dusted off and reviewed by more eyes.  Imprecise or inaccurate policy statements, themselves, can expose a company to potential liability.  While most of the recent California Consumer Privacy Act (“CCPA”) attention has focused on the significant operational requirements, data flow classifications, attorney general future enforcement, and the limited private right of action…