By

Colleen Theresa Brown

04 November 2020

California Privacy Law Overhaul – Proposition 24 Passes

The results are in, and California voters have approved the California Privacy Rights Act (CPRA) which was listed on the ballot as Proposition 24.  The law, most of which does not go into effect until January 1, 2023, will substantially overhaul and amend the California Consumer Privacy Act (CCPA) … Read More

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29 October 2020

CCPA Update: Comment Period Closes on Third Round of Proposed Modifications to CCPA Regulations; CCPA Litigation Gaining Steam; Consumer Groups and Major Newspapers Urge “No” Vote on California’s Privacy Initiative

New privacy developments continue to come from California, with a new proposed modifications to CCPA regulations, continuing CCPA litigation, and voting beginning on Proposition 24, an initiative to overhaul the CCPA.  We provide insight into each below.

Proposed Third Modified CCPA Regulations

In mid-October 2020, just a few months after Read More

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14 October 2020

California Amends Privacy Laws Again: CCPA Health Information Amendment and Employee/B2B Exemption Signed into Law; Vetoes for Genetic Privacy and Social Media Parental Consent Bills

California’s Governor Gavin Newsom recently signed into law two bills to amend the California Consumer Privacy Act (“CCPA”).  He also vetoed two other consumer privacy bills based on concerns about potential conflicts with existing state and federal law. Collectively, these four bills represented the most significant privacy legislation that came … Read More

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08 October 2020

Office of Foreign Assets Control: Making or Facilitating Ransomware Payments May Violate U.S. Sanctions

On October 1, 2020, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) published an advisory that highlights the risk of potential U.S. sanctions law violations if U.S. individuals and businesses comply with ransomware payment demands.1

Ransomware attacks use malware, often injected through phishing schemes, to encrypt a … Read More

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27 August 2020

OCR 2020 Settlements Target HIPAA Security Rule Non-Compliance

In almost the first three quarters of 2020, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) has settled three cases related to alleged violations of the Health Insurance Portability and Accountability Act (“HIPAA”), totaling $1,165,000.  These settlements underscore OCR’s continued focus on enforcement of the … Read More

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20 August 2020

Third Time’s the Charm: CCPA Regulations Finally Approved With Limited Substantive Changes from June 2020 Version

On August 14, 2020, California’s Office of Administrative Law approved and filed with the California Secretary of State final regulations implementing the California Consumer Privacy Act.  The regulations, drafted by California’s Office of the Attorney General (OAG), went through three rounds of changes during the rulemaking process and were finally … Read More

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19 August 2020

Historic Charges: First Enforcement Action Filed by New York Department of Financial Services Under Cybersecurity Regulation

On July 21, 2020, the New York State Department of Financial Services (NYDFS or the Department) issued a statement of charges and notice of hearing (the Statement) against First American Title Insurance Company (First American) for violations of the Department’s Cybersecurity Requirements for Financial Services Companies, 23 N.Y.C.R.R. Part 500 … Read More

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08 July 2020

Two Rulings in Two Weeks on the TCPA’s Autodialer Restrictions

The last two weeks have brought two important (although unrelated) rulings on the TCPA’s Autodialer Restrictions.  First, on June 25, the Federal Communications Commission limited the applicability of the autodialer restrictions in the Telephone Consumer Protection Act, 47 U.S.C. § 227 (the “TCPA”), to an emerging texting technology. Second, less … Read More

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26 June 2020

The Return of the Mac: CCPA 2.0 Qualifies for California’s November 2020 Ballot and Could Usher In Sweeping Changes to CCPA

The California Privacy Rights Act (CPRA), a proposed initiative to codify far-reaching amendments to the California Consumer Privacy Act (CCPA) and sometimes referred to as “CCPA 2.0”, is back in play and heading to the November 2020 ballot.  A series of dramatic procedural twists and turns culminated with initiative backers … Read More

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04 June 2020

CCPA Enforcement Date Rapidly Approaching: California Attorney General Proposes Regulations for Final Review With July 1, 2020 Less Than One Month Away

On June 1, 2020, California’s Office of the Attorney General (“AG”) moved one step closer to finalizing the California Consumer Privacy Act (“CCPA”) regulations when the AG submitted proposed final regulations for review and approval by California’s Office of Administrative Law (“OAL”).  This submission signals the end of the AG’s … Read More

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