Category

California

10 October 2018

California and Preemption

As one of the epicenters of the Information Age and largest state in the Nation, California’s regulatory decisions can have an outsize impact on the data economy.  Recently, the State has tried to use this pride of place to stamp its imprint on two important public debates.  First, on September 30, 2018, Governor Brown signed into law the California Internet Consumer Protection and Net Neutrality Act of 2018 (Senate Bill 822), which seeks to impose, as a matter of state law, net neutrality regulation even more restrictive than the federal regime the Federal Communications Commission (FCC) repealed earlier this year.  Second, earlier this year, California enacted (and then subsequently amended) the California Consumer Privacy of 2018, the broadest privacy law in the United States.  As laid out below, these enactments have sparked legal and policy debates over whether California should be able to set rules that could become de facto national standards or whether federal rules do or should preempt California’s efforts.  (more…)

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02 October 2018

The Trump Administration’s Approach to Data Privacy, and Next Steps

* This article originally appeared in Law360 on September 27, 2018.

On Sept. 25, 2018, the Trump administration proposed an approach and initiated a process to modernize U.S. data privacy policy.  The administration’s approach is “risk-based” rather than rule-based, and, as such, signals a willingness to move away from a privacy model of mandated notice and choice that has “resulted primarily in long, legal, regulator-focused privacy policies and check boxes.” Rather, the administration is proposing that U.S. privacy policy “refocus” on achieving desirable privacy “outcomes,” such as ensuring that users are “reasonably informed” and can “meaningfully express” their privacy preferences, while providing organizations with the flexibility to continuing innovating with cutting-edge business models and technologies.

(more…)

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28 September 2018

Senate Hearing on Federal Privacy Law: Question is Not Whether But What Form

On September 26, the Senate Commerce Committee invited tech and telecom companies to the Hill to discuss safeguards for consumer data privacy. “The question,” noted Chairman John Thune, “is no longer whether we need a federal law to protect consumers’ privacy. The question is what shape that law should take.” The Senators and testifying witnesses expressed strong support for a comprehensive federal privacy law. (more…)

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26 September 2018

Developing IoT Policy from California to Washington, D.C.

The growing network of internet of things (IoT) devices is expected to reach 30 billion devices by 2020. Despite this tremendous growth, the state of IoT regulation is patchwork at best. Although the FTC is the primary security regulator for consumer IoT devices, there are no comprehensive regulations or laws specific to the unique challenges of the IoT market. This absence of clear and unambiguous standards can be a burden for IoT companies who are looking to innovate while maintaining their customers’ privacy.  (more…)

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05 September 2018

Clean-Up Bill Advances to Amend the New California Consumer Privacy Act

On Friday, August 31, the California legislature unanimously passed a host of “clean-up” amendments to the new California Consumer Privacy Act (CCPA), AB 375, as it set about addressing flaws and other concerns in the state’s groundbreaking data privacy law. These amendments are now awaiting Governor Brown’s signature. (more…)

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16 August 2018

Coalition Groups Weigh In on CCPA Clean Up Legislation

On June 29, the day after California Governor Jerry Brown signed the California Consumer Privacy Act (CCPA) into law, Data Matters provided a summary of the important new legislation.  In doing so, we noted that the law was scheduled to go into effect on January 1, 2020 and that, if and when it did, it would be the “broadest privacy law in the United States” and “may well have an outsize influence on privacy laws nationwide.”  Because of this, we further predicted that “[t]he coming months will no doubt stimulate considerable legislative and litigation activity to test the acceptability of [the CCPA’s] effects on interstate commerce, free speech, commercial innovation, reasonable regulatory burdens and meaningful privacy protection.” (more…)

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16 July 2018

Privacy as a “Fundamental Right” Clouds Smart Regulation

*Originally Published July 12, 2018 by Chambers and Partners Data Protection & Cyber Security 2018

There is a lot going on with privacy around the world. As discussed in the chapters of this book, significant new laws are being adopted or taking effect, important judicial decisions are being decided to interpret existing legal requirements, and citizens are contending with their own expectations about confounding new technologies and business models. It is not clear, however, that the public policy being developed in any country is a thoughtful reaction to the promises and perils of today’s digital economy, rather than a knee-jerk over-reaction to imagined harms and a handful of high-profile incidents. (more…)

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29 June 2018

California Enacts Broad Privacy Laws Modeled on GDPR

On June 28, 2018, California Gov. Jerry Brown signed into law the California Consumer Privacy Act of 2018 (AB 375). According to the bill’s author, it was consciously designed to emulate the new European General Data Protection Regulation (GDPR) that went into effect on May 25, and if and when it goes into effect, it would constitute the broadest privacy law in the United States. It is intended to give consumers more transparency regarding and control over their data and establishes highly detailed requirements for what companies that collect personal data about California residents must disclose.    (more…)

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12 October 2016

Lessons for California Business Over Recorded Phone Calls

*This article originally appeared in L.A. Biz at bizjournals.com on Oct. 11, 2016.

Over the past few months, Taylor Swift and Kanye West’s feud over a recorded phone call has put the California Invasion of Privacy Act (CIPA) in the spotlight.

Who can record a call? What type of consent is needed? These questions are not just fodder for celebrity tabloids but fundamentally important issues for companies recording customer service calls.

CIPA, codified in California’s Penal Code Section 630 et seq., is an invasion of privacy statute originally designed to restrict wire-tapping and the recording of calls snatched from the airways at the dawn of the wireless telephone industry.

However, in recent years, plaintiffs’ lawyers have embraced Section 632.7 of the Act as a sword to attack companies that record customer service calls.

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15 March 2016

California Data Breach Report Gets Specific on “Reasonable” Information Security

This February, the California Attorney General released the “California Data Breach Report,” summarizing developments from 2012-2015.  Drawing from 657 reports filed with the California AG impacting 49 million records, the report is notable for its “recommendations.”  These recommendations are ostensibly non-binding guidance that may nonetheless serve as the basis for the AG’s understanding of what constitutes “reasonable” data security in future investigations and enforcement actions.

(more…)

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