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The prevailing wisdom after last year’s enactment of the California Consumer Privacy Act (CCPA) was that it would result in other states enacting consumer privacy legislation. The perceived inevitability of a “50-state solution to privacy” motivated businesses previously opposed to federal privacy legislation to push for its enactment. With state legislatures now convening, we have identified what could be the first such proposed legislation in New York Senate Bill 224. The proposed legislation is…
As we turn the page on 2018, let’s reflect on some of the key privacy and cybersecurity issues that will continue to occupy our hearts and minds in 2019. Owning the Mega-Breach 2018 was the year in which data breaches in mergers and acquisitions became the iceberg in full view. This fuller realization of cyber risk in transactions, though, actually has its origin in September 2016 – when Yahoo and Marriott were in the midst…
Just in case you needed a reminder that the California Consumer Privacy Act of 2018 (CCPA) will go into effect on January 1, 2020, the California Department of Justice announced that it will hold six statewide forums to collect feedback from stakeholders as part of its duty to promulgate regulations “that will establish procedures to facilitate consumers’ rights.” The meetings will be held between January 8, 2019 and February 15, 2019. Further information is available…
For good reason, there has been much discussion about the new privacy rights created by the California Consumer Privacy Act of 2018 (CCPA), which becomes effective January 1, 2020. Perhaps one of the most significant provisions of the CCPA, though, will be one that has been somewhat overlooked: Section 1798.150, which provides for statutory damages of between $100 and $750 per consumer per incident for certain data breaches. Indeed, had California enacted Section 1798.150 alone,…
Less than three months after California passed the California Consumer Privacy Act of 2018 (CCPA), Governor Jerry Brown signed SB 1121 this week, making a number of technical and substantive changes to the law. Of particular note: SB 1121 modifies the financial institution carve-out language in CCPA section 1798.145(e). While the change is a welcome development for entities subject to regulation under the Gramm-Leach-Bliley Act (GLBA), it does not grant full exemption from the CCPA.…
California is once again poised to set the standard for privacy and data security by enacting the first state law directed at securing Internet of Things (IoT) devices. The law has passed the state legislature and is awaiting the signature of Governor Jerry Brown. It requires manufacturers of “connected devices” to equip them with “a reasonable security feature or features” that are: appropriate to the nature and function of the device; appropriate to the information…
As discussed in our prior post, the California Consumer Privacy Act of 2018 (the “Act”) is expected to be modified by the California legislature prior to its January 1, 2020, enforcement deadline. In fact, while Governor Brown signed the legislation less than two months ago, one effort to amend the law already is underway through California Senate Bill 1121.…