*This article first appeared in Law360 on May 15, 2019.
The California Consumer Privacy Act, known as the CCPA, is a new law set to go into effect on Jan. 1, 2020. The CCPA is the first U.S. law that will require businesses with an online presence in California to focus on user data and it regulates how businesses collect, share and use such data. One of the most significant risks to online business providers in California is that the CCPA provides for a private right of action for California consumers.
As the legislative session drew to a close, what once seemed like an inevitability suddenly looked unlikely. The Washington Privacy Act, SB 5376/HB1854, failed to make its way through the legislative process. The Bill’s sponsor, Sen. Reuven Carlyle, called the game on April 17, tweeting that despite the “unprecedented 46-1 vote” in the Senate, “[u]nfortunately, House failed to pass privacy legislation this year. We’re committed to 2020.” Nevertheless, the State of Washington did pass notable privacy legislation, albeit on a more narrow topic.
Wednesday, March 27, 2019 | 4:00 p.m. EDT / 1:00 p.m. PDT
CLE & CPE Credit Offered
When the California Consumer Privacy Act enters into force on January 1, 2020, it will grant consumers extensive new data rights and place a number of new obligations on companies – obligations that in some ways even exceed those imposed by the European General Data Protection Regulation (GDPR). This means that just about every company doing business in California or with Californians will need to take steps to comply with the CCPA, regardless of their GDPR status. Please join us for a discussion that identifies the key questions and issues companies should be considering before the CCPA enters into force on January 1, 2020. We’ll talk through the steps companies should take now to meet these new obligations.
- Colleen Theresa Brown, Partner
- Christopher C. Fonzone, Partner
- Alan Charles Raul, Partner
- Kate Heinzelman, Counsel
- Sheri Porath Rockwell,Associate
Even a few short years ago, it seemed unlikely that Congress would enact comprehensive privacy legislation. But a series of high profile data breaches; increasing concerns about data practices, particularly when connected to political micro-targeting; fears about the rise of autonomous, and potentially invisible, decision-making; and the passage of far-reaching foreign and now State privacy laws have all changed the zeitgeist. Congress has taken notice, and, for the past year, Data Matters has been closely following the Legislative Branch’s moves as it a federal privacy bill looks more likely than it has in a generation. (more…)
When California Governor Jerry Brown signed the California Consumer Privacy Act (CCPA) into law on June 28, 2018, there was broad agreement that revisions and clarifications were necessary. The CCPA was written and enacted with extraordinary speed, as legislators felt the need to move quickly in order to preempt a data privacy ballot initiative that had received enough signatures to be placed on California’s November ballot. Consequently, June 28 was, in many ways, the beginning of a debate over the specifics of the CCPA, rather than the end. Indeed, the California legislature has already passed a “clean-up” bill to address concerns expressed about the CCPA, and heated debates over the meaning and merits of specific provisions continue. (more…)
With the midterm election out of the way, legislators on Capitol Hill and in state capitols are getting ready to consider the future of data privacy regulation in 2019 and consumer and industry groups continue to weigh in on the ongoing debate. The debate has begun to move from principles and frameworks to drafting of legislative language.
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…)
* This article originally appeared in Law360 on September 27, 2018.
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…)
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…)