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In California Privacy Law

Off to the Races: California Advances CCPA Regulations on Cyber, Risk & AI

by , , , and 4 Mins Read

On Friday, November 8, 2024, the California Privacy Protection Agency board voted 4-1 to commence the formal rulemaking process for the draft regulations on Automated Decisionmaking Technology (ADMT), Risk Assessments, Cybersecurity Audits, and Insurance Companies. The formal rulemaking process will begin with a 45-day public comment period. During this time, CPPA staff will gather and analyze public comments, which will inform potential amendments and revisions to the regulations. The period will likely be extended to…

In Artificial Intelligence

Minding Your Data: New Law Expands CCPA’s Sensitive Personal Information to Include Neural Data

by , , , , , , and 3 Mins Read

“Neural data” is the newest addition to the ever expanding California Consumer Privacy Act (CCPA). Signed into law on September 28, 2024, SB 1223 amends the CCPA to add “personal information that reveals neural data” to the categories of personal information that constitute sensitive personal information. It further amends the CCPA to define “neural data” as “information that is generated by measuring the activity of a consumer’s central or peripheral nervous system, and that is…

In California Privacy Law

Amendments to California’s CMIA Bring Health Data New Requirements

by , and 4 Mins Read

In Brief Various players in the health care industry are or will soon be subject to new requirements relating to sexual and reproductive health data under a pair of bills passed last year amending the California Confidentiality of Medical Information Act (the “CMIA”). Many of the central provisions of bills AB 254 and AB 352, which were both signed into law by Governor Gavin Newsom in September 2023, came into effect on January 1, 2024.…

In California Privacy Law

California moves to disable vehicular data access used in domestic abuse

by and 2 Mins Read

Background On February 28, 2024, California State Senator Dave Min proposed Senate Bill (SB) 1394, a new measure aimed at preventing vehicular data from being used to perpetuate domestic violence. Under the proposal, automobile manufacturers would be required to disable access to remote vehicle technologies upon the request of a victim of domestic violence. The bill arrives amid increasing reports of incidents of domestic abusers exploiting vehicular location tracking features to stalk and harass victims…

In Cybersecurity

California’s CPPA moves into 2024 with an ambitious agenda on Cybersecurity Audits, Risk Assessments, and Automated Decision-Making Technology

by , , and 3 Mins Read

The California Privacy Protection Agency (“CPPA”) held a public board meeting on December 8, 2023. As discussed in our previous article, the CPPA is in the process of preparing Draft Regulations on Cybersecurity Audits, Risk Assessments and Automated Decision-Making Technology. The Rules Subcommittee provided updates on these regulations, and Board members provided their feedback on the drafts. Key Takeaways Regarding CCPA Cybersecurity Audit Regulations Key Takeaways Regarding CCPA Risk Assessment Regulations Key Takeaways Regarding CCPA…

In California Privacy Law

Nevada and Washington Consumer Health Privacy Laws Operative in March – Top 6 Things To Do Now

by and 5 Mins Read

If your organization does business across the U.S. and collects consumer health data (broadly defined, health inferences generated from non-health data count), compliance with U.S. state consumer health privacy laws is just around the corner. Consumer health privacy laws in Nevada (Senate Bill 370) and Washington (the My Health My Data Act) become fully operative for regulated entities on March 31, 2024. Requirements specific to consumer health data are already operative in Connecticut. Here are…

In California Privacy Law

Reminder: Large Social Media Companies Must Submit Their First Terms of Service Report to California Attorney General by January 1, 2024 or Face $15k Fines Per Day

by 6 Mins Read

Chapter 22.8 of the California Business and Professions Code imposes requirements on social media companies with annual gross revenues of $100 million or more to submit “terms of service reports” to the California Attorney General, with the first report due by January 1, 2024. The statute is currently the subject of a constitutional challenge, but covered companies should not delay preparing reports in case the lawsuit drags on or is unsuccessful. The law applies to…