If you are a data broker or a business that relies on data brokers for targeted advertising, you should be aware that the California Data Broker Law may be significantly changed under a proposed bill. Under Senate Bill 362, the California Privacy Protection Agency (CPPA) would be required to set up, by January 1, 2026, an accessible deletion mechanism where consumers could request deletion via the CPPA that all data brokers then have to honor.…
Just a few weeks after California Attorney General Bonta announced an investigative sweep through inquiry letters sent to California employers, today the California Privacy Protection Agency (CPPA) announced a California Consumer Privacy Act (CCPA) review of data privacy practices by connected vehicle manufacturers and related technologies, focusing on embedded features including “location sharing, web-based entertainment, smartphone integration, and cameras,” because “vehicles often automatically gather consumers’ locations, personal preferences, and details about their daily lives.” In…
So far this year, three US states have passed laws with specific obligations related to consumer health privacy law: Washington, Connecticut, and Nevada. When it comes to California, the omnibus California Consumer Privacy Act (CCPA) applies also to the processing of health information. But, if the sectoral Confidentiality of Medical Information Act (CMIA) applies and is complied with, CMIA, and not the CCPA, applies. Most companies that do business in California are subject to CMIA,…
Baker McKenzie recently hosted a roundtable discussion focused on Online Safety and Privacy for Children and Teenagers, led by Elizabeth Denham CBE, former UK Information Commissioner and consultant to our Toronto and London offices, and our California privacy and consumer protection partners Lothar Determann and Jonathan Tam. The session covered online youth protection laws and the perceived issues they’re intended to address, including protecting kids’ and teens’ mental health; the appropriateness of online materials and…
After a slowdown in 2022–US states are back at the drawing board of consumer privacy laws with four passing in the last month alone. Here, we break down what you need to know about the Montana and Tennessee bills. In brief The early months of 2023 have brought a bumper crop of new state privacy legislation, with Tennessee and Montana legislatures poised to become the eighth and ninth states to enact comprehensive privacy laws. The…
Companies around the world should start preparing for the Iowa Consumer Data Protection Act (Iowa Act) with respect to personal data of consumers in Iowa. With the Iowa Act, Iowa follows the California Consumer Privacy Act of 2018, as amended by the California Consumer Rights Act of 2020 (CCPA), but excludes consumers acting in a commercial or employment context. Businesses that have implemented measures to comply with the CCPA and other US state privacy laws…
Finalized regulations under the amended California Consumer Privacy Act (“CCPA”) are one step closer to becoming a reality.
28 January 2023 is Data Protection Day (or Data Privacy Day outside of Europe), which marks the anniversary of the Council of Europe’s Convention 108. To mark Data Protection Day 2023, Baker McKenzie’s Global Data Privacy and Security Team is pleased to present this special edition update of key data protection and privacy developments and trends across the globe, as well summarising future legislative changes, predictions, and enforcement priorities to look out for during 2023.…
Many digital advertising arrangements that companies commonly use may qualify as “selling” or “sharing for cross context behavioral advertising” personal information under the California Consumer Privacy Act (CCPA) in California and laws in a few other US states (Nevada, Virginia, Colorado, Connecticut, Utah). Businesses state in their online privacy disclosures whether they sold or shared personal information in the last 12 months and whether they will sell or share personal information. Businesses that “sell” or…
On December 13, the European Commission (“EC”) announced a draft decision on the adequacy of the U.S data protection regime to protect the personal data of European Union (“EU”) residents, the EU-U.S. Data Privacy Framework (“DPF”). The DPF, which was initially announced in March 2022 as a political agreement between the EU and the U.S., and then bolstered by President Biden’s Executive Order (“EO”) in October 2022, opens the door for an EU-U.S. data transfer…