UPDATE: Soon after we published the post below, we learned that the sponsors of the California Privacy Rights Act (CPRA) – i.e., the ballot initiative that aimed to amend and significantly expand the California Consumer Privacy Act (CCPA) – intend to push forward with their attempt to get it on the ballot this year. On May 4th, the initiative’s sponsors, the Californians for Consumer Privacy, announced on Twitter they were submitting to counties across the state. Whether county election officials can verify the signatures in time to qualify for the November 2020 ballot remains to be seen. While conventional wisdom is that the recommended April deadline is an important one to make, the approval process may be different this year due to the COVID-19 pandemic and how it might affect the availability of resources to approve initiatives. We will continue to monitor this situation and provide updates on Data Matters as appropriate.
The California Privacy Rights Act (CPRA), the ballot initiative that aimed to amend and significantly expand the California Consumer Privacy Act (CCPA), including by creating the California’s very own data protection authority, the nation’s first, appears to be dead–at least for this ballot season.
Just as companies were starting to recover from their exertions to put in place California Consumer Privacy Act (“CCPA”) compliance programs before the law’s January 1, 2020 entry into force, the California Attorney General (“AG”) provided an early February surprise. CCPA watchers long expected that the AG would revise the CCPA regulations he initially proposed on October 10, 2019. But when the AG actually released his proposed regulations on February 7 – a proposal he subsequently modified slightly on February 10 – both the timing and breadth of the revisions were surprising. In short, the revisions were both sooner and more significant than expected.
*This article first appeared in Law360 on January 14, 2020.
After two years in the Brazilian Congress, the General Law of Data Protection was signed on Aug. 18, 2018, by then Brazilian President, Michel Temer, who also signed an executive order (Medida Provisória n. 869, from Dec. 27, 2018).
While much of the New Year attention has been focused on California due to the effective date of the California Consumer Privacy Act, a new Oregon law also went into effect on January 1, 2020 complicating compliance with data breach obligations. The law is unique among state data breach notification laws in that it imposes a direct obligation on vendors to provide regulatory notice to the state. It also requires vendors to provide notice to the data owner within 10 days. This new regulatory notice requirement may take some control away from data “owners” that typically manage (and often contractually demand sole control over) initial regulator communications with regard to incidents impacting their data. However, the new requirement may also incentivize service providers to take more responsibility for incident response.
On December 4, 2019, the Senate Commerce Committee addressed data privacy in a hearing titled, “Examining Legislative Proposals to Protect Consumer Data Privacy.” The hearing focused on the two leading privacy proposals that were put forward in the week leading up to the hearing, the Consumer Online Privacy Rights Act (COPRA), introduced by Sen. Maria Cantwell, D-Wash., ranking member on the Committee, and a Staff Discussion Draft of the United States Consumer Data Privacy Act of 2019 (CDPA), introduced by Sen. Roger Wicker, R-Miss., Chairman of the Committee. The competing proposals share many similarities, including their scope of covered data and entities, as well as their approaches to consumer transparency and access. However, as witness testimony during the hearing revealed, the proposals diverge on a few critical issues.
In the evening of December 17, 2019, Californians for Consumer Privacy, the consumer privacy rights organization led by Alastair Mactaggart that propelled California towards the U.S.’s first comprehensive privacy legislation, tweeted the Attorney General’s release of the title and summary for Initiative 19-0021. This Initiative would substantively amend and essentially replace the California Consumer Privacy Act (“CCPA”) with the proposed Consumer Privacy Rights Act of 2020—also known colloquially as CCPA 2.0. (more…)
The sixth edition of The Privacy, Data Protection and Cybersecurity Law Review takes a look at the evolving global privacy, data protection and cybersecurity landscape in a time when mega breaches are becoming more common, significant new data protection legislation is coming into effect, and businesses are coming under increased scrutiny from regulators, Boards of Directors and their customers. Several lawyers from Sidley’s global Privacy and Cybersecurity practice have contributed to this publication. See the chapters below for a closer look at this developing area of law. (more…)
As submitted for the comment period on Initiatives – Active Measures for Initiative 19-0021 on November 8, 2019.
Dear Mr. Mactaggart,
As privacy practitioners, we share your passion and dedication to the development of information privacy and data protection law in the United States. We acknowledge your achievement in pushing for the enactment of the California Consumer Privacy Act (CCPA) and contributing to the ongoing national conversation to advance privacy rights. Your commitment to these issues is clear, and we commend the seriousness of your work in addressing privacy rights in accordance with your vision.
We write in the spirit of constructive development of privacy regulation, and offer the following comments in the hope of contributing to the goal we share with you: improving the quality and effectiveness of U.S. privacy and data protection law while ensuring the continued innovation and flexibility that so benefit our society. Although we often advise the regulated community on privacy and data protection matters, the views expressed here are our own.
At the outset, we note that there are important improvements in your proposed initiative relative to the enacted CCPA. Many of your new initiative’s provisions could serve to move privacy and data security law in a positive direction. In this vein, we note the following: (more…)
UK ICO Commissioner Liz Denham, who serves as Conference Chair, welcomed attendees at the public session and provided a brief summary of what transpired at the Commissioners’ closed door sessions. She noted that “privacy” has gone “mainstream.” People around the world expect more information about how their data is used. She stressed the importance of future international collaboration and regulatory cooperation to develop shared strategies and tactics “to protect people from big companies.”
Commissioner Denham also highlighted the increased focus on the role of data protection as a relevant consideration in competition analysis by international regulators. She noted that the International Privacy Commissioners’ Conference, and the ongoing assembly of global regulators, resolved to be more transparent in the future with respect to the regulated community and other interested parties. Finally, she hinted that a new name for the group would be announced before the 2019 conference concludes.
This post is the third in a three part series taking a deep dive into the five key articles of the Attorney General’s CCPA draft regulations: Article 2 on Notice to Consumers; Article 3 on Business Practices for Handling Consumer Requests; Article 4 on Verification of Requests; Article 5 on Special Rules Regarding Minors; and Article 6 on Non-Discrimination. Today we look at verification, children’s privacy and the non-discrimination provisions. Visit the CCPA Monitor for a collection of all our CCPA insights.
INTRO AND BACKGROUND. In the summer of 2018, the California Legislature drafted and passed the California Consumer Privacy Act (CCPA) in record time. Facing a procedural deadline for a ballot initiative, the Legislature acted with dispatch, as it did not want to add to the State Constitution, with its super-majority amendment requirements, many of the provisions that ultimately found their way into the CCPA. This abbreviated legislative process produced a bill with numerous gaps and anomalies, however. Businesses, consumer advocates, and privacy watchers have thus been eagerly waiting for over a year for the Attorney General to propose the regulations the CCPA requires him to promulgate.
On October 10, 2019, this wait finally ended. As laid out below, the nature and breadth of the Attorney General’s proposed regulations explain why they took so long to produce. Put simply, the proposed regulations are significant and will have substantial implications on businesses’ ongoing efforts to comply with the CCPA with less than three months left to go before the effective date. Indeed, even if they do not resolve all of the Law’s many ambiguities, they do provide helpful implementation guidance – along with surprising new requirements, some of which may questionably extend beyond the CCPA itself.