Data Privacy Dish

Updates on the Evolving Data Protection Landscape

With the backdrop of an apricot-coral sunset from high above San Francisco Bay, Greenberg Traurig was pleased to welcome leaders from the United Kingdom’s Information Commissioner’s Office (ICO), as part of an IAPP S.F. Bay Area Knowledgenet held at the law firm on February 11. The U.K.’s Information Commissioner, Elizabeth Denham, and ICO Executive Director, Simon McDougall, along with a coterie of their data protection authority senior colleagues, were visiting as part of a fact-finding…
On February 7, 2020, the California Attorney General’s Office (OAG) issued proposed changes to the California Consumer Privacy Act Regulations (Modified Regulations), which were originally issued on October 11, 2019. Organizations have until February 24 to submit written comments on the proposed changes to the regulations implementing the CCPA. Key Changes Some of the major changes in the Modified Regulations include: Accessibility Standard. For notices and privacy policies provided online, businesses must follow generally recognized…
Today, the California Office of the Attorney General (OAG) released much-anticipated revisions to its proposed implementing regulations to the California Consumer Privacy Act (CCPA). The following were issued by the OAG on its website: A notice of modifications to the text of the proposed regulations; A redlined version of the revised regulations, showing the differences from the initially proposed rules; A clean version of the revised regulations; and A listing of additional technical, theoretical,…
YouTube Content Creators Must Act As of January 6, 2020, YouTube creators must designate their videos (both new as well as all videos previously posted) as either made for kids or adults. The new requirement has left esport, gaming, musician, vlog, and many other creators scrambling to correctly categorize their videos; otherwise, they face a risk of fines from the U.S. Federal Trade Commission (FTC). The decision is a serious, albeit confusing one for many…
Although the California Consumer Privacy Act (CCPA) has only been in effect for a matter of weeks – and its proposed regulations are not yet finalized – it could be overhauled by a new privacy law later this year. Last fall, the group that first formulated the CCPA as a ballot initiative in 2018, Californians for Consumer Privacy, led by real estate developer-turned-privacy activist Alastair Mactaggart, timely submitted a ballot measure and subsequent amendments, now titled…
In the wake of the California Consumer Privacy Act of 2018 (CCPA) and an updated Nevada privacy law that took effect in October 2019, states are wasting no time in 2020 introducing new privacy laws of their own. Joining the chorus of Virginia and Florida, this month state lawmakers in New Hampshire, Washington state, and Illinois released their respective takes on what residents’ bolstered privacy rights and businesses’ corresponding obligations should look…
Florida joins the increasing number of states considering a consumer privacy bill this legislative session. The Florida privacy companion bills were introduced in both the state’s Senate (SB 1620) and House of Representatives (HB 963). If enacted, the law will become effective in July 2020. The bill includes three significant new requirements for “operators” of a website or online service: Allows consumers to review and correct their personal information, Creates a…
Florida could be the first state to deny life and long-term care insurers access to genetic test results. Under a new bill titled “Genetic Information for Insurance Purposes” (HB 1189), life insurers and long-term care insurers are prohibited from canceling, limiting, or denying coverage, or establishing differentials in premium rates based on genetic information. In addition, HB 1189 would prevent life insurers and long-term care insurers from requiring or soliciting genetic information, using…
On January 8, 2020, the “Virginia Privacy Act” (HB 473), was introduced for consideration to the General Assembly of Virginia. The proposed legislation includes notice requirements similar to the California Consumer Privacy Act’s (CCPA), provides consumers with rights similar to those under the EU’s General Data Protection Regulation (GDPR), and unlike either the CCPA or the GDPR, would require data controllers to perform and document a privacy risk assessment for every processing…