After months of wrangling, the California legislature has finally passed a set of significant amendments to the California Consumer Privacy Act (CCPA), a sweeping data privacy and security law commonly referred to as “California’s GDPR” (Europe’s General Data Protection Regulation). Employee personal information and personal information obtained in business-to-business (B2B) interactions are now mostly out of scope. Personal information in credit reports and other data covered by the Fair Credit Reporting Act is also largely exempt. Only personal information that is “reasonably” capable of being associated with a consumer or household is subject to the act. And aggregate or deidentified information definitively does not qualify as CCPA personal information.
*This article was first published by the American Bar Association Infrastructure and Regulated Industries in Summer 2019.
Every year, as the calendar turns to June, the legal community looks to the Supreme Court. Eager to get to the Term’s end, the Justices rush to complete all of the outstanding opinions. Since the most difficult and important cases usually take the longest to work out, they are typically the stragglers. June is thus the time when the “blockbuster” opinions are issued—the cases that law professors analyze in their tenure pieces and that law school students study, quite possibly for years to come.
The UK’s Information Commissioner’s Office (“ICO”) has recently issued a draft version of its statutory code of practice for sharing of personal data between controllers under the GDPR and the UK Data Protection Act 2018 (“DPA”) (the “Draft Code”) which provides a number of practical recommendations which controllers should take into account when sharing personal data.
With less than three months to go before amendments to California’s far reaching data privacy law need to be signed into law, the CCPA landscape may be changing yet again, as several amendments debated in the state Senate Judiciary Committee on July 9th underwent significant modifications. Eight proposed CCPA amendments were on the committee’s agenda, and several were hotly debated in an hours-long session that extended late into the night. In the end, two of the bills had substantive modifications, another was stalled, one was defeated, and the rest made it out of the committee, with limited changes. Here we summarize the highlights.
On 3 July 2019, the UK’s Information Commissioner’s Office (“ICO”) published new guidance on cookies and similar technologies (“Guidance”) in conjunction with a new blog post: “Cookies – what does ‘good’ look like?” which aims to provide “myth-busting” advice on common cookies uncertainties. You can find a full copy of the new guidance here and a link to the ICO’s blog post here. With its new Guidance, the ICO has formally recognised the stricter standards of consent and transparency now in force under the GDPR.
Data aggregators and fintech providers are now offering services that let consumers manage their finances using information from multiple accounts at multiple financial institutions. This kind of consumer data access raises serious questions about the relationship between financial institutions and consumer-designated third parties. This webinar will cover the risks that come with consumer-permissioned information sharing, current gaps and solutions in the existing legal framework to address these risks and issues that can be addressed contractually between various stakeholders.
Since the passage of the California Consumer Privacy Act (Cal. Civ. Code §1798.100 et seq.) (“CCPA”), several states are following in California’s footsteps and adopting privacy bills that would allow consumers to object to the sale of their personal information.
The 25th of May, 2019 marked a year since the EU General Data Protection Regulation (“GDPR”) came into force. For most in privacy, involvement with the GDPR has been ongoing for well over this year, but on the first anniversary of the GDPR we take an opportunity to look back and reflect on where we are now in relation to some key areas of interest including enforcement action, privacy litigation, breach notification and developing guidance from the European Data Protection Board (“EDPB”).
Recently, the Dutch Supervisory Authority (the “Autoriteit Persoonsgegevens” or “Dutch SA”) has taken the position that the use of so-called “cookie walls,” whereby website access is made conditional upon the provision of consent to tracking cookies, is not compliant with the EU General Data Protection Regulation (“GDPR”).