On August 29, 2023, the California Privacy Protection Agency (“CPPA”) published draft regulations on risk assessments and cybersecurity audits required by the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). The CPPA will discuss the draft regulations at the upcoming public meeting on September 8, 2023. The draft regulations make clear that the CPPA has not yet begun formal rulemaking, and that the draft regulations are “intended to facilitate…
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…
Legislative activity in the U.S. state of Washington continues this year with numerous bills being considered. Businesses that process health data should follow the process of House bill 1155 (the My Health, My Data Act), which has been amended once and was approved in the House Committee on Civil Rights & Judiciary hearing on February 3, 2023. Who and what data are protected? The My Health, My Data Act protects as “consumers” Washington residents and…
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…
In less than two months, on January 1, 2023, the California Consumer Privacy Act (CCPA) as revised by the California Privacy Rights Act (CPRA) will take effect fully in the job applicant and employment context. And with respect to job applicants and personnel, businesses subject to the CCPA will be required to (i) issue further revised privacy notices, (ii) be ready to respond to data subject requests, (iii) have determined if they sell or share…
Businesses that have implemented measures to comply with the California Consumer Privacy Act of 2018, as amended by the California Consumer Rights Act of 2020 (“CCPA”) can leverage some of their existing vendor contract terms, website disclosures and data subject rights response processes to satisfy requirements under the Colorado Privacy Act (“CPA”). However, the CPA, and the recently published proposed CPA Rules, (located here), contain certain unique and prescriptive requirements that may warrant taking a…
This week, the California Privacy Protection Agency (“CPPA”) released modified proposed regulations (“Modified Regulations”) for compliance with the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”), and an explanation of the proposed changes, ahead of its upcoming Board Meetings. It is expected that the CPPA will discuss, and possibly adopt or modify further, the Modified Regulations during the CPPA Board Meetings which are scheduled for October 21-22 and October 28-29, 2022.…
Overview On September 23, 2022, the California Privacy Protection Agency (CPPA), in an open meeting, invited the public to listen in and provide comments on the agency’s current agenda. This five-hour meeting was facilitated by Chairperson Jennifer Urban. Based on the comments aired in the meeting, the public and other stakeholders (such as the business community) seemed interested in updates about the delayed California Privacy Rights Act (CPRA) regulations (originally expected in July 2022) and…
*Article originally posted on IAPP.org* On Aug. 31, hopes were dashed when the California legislative session ended without enacting Assembly Bill 1102. The bill would have extended grace periods for certain business-to-business and human resources personal information under the California Consumer Privacy Act as amended by the California Privacy Rights Act. CCPA/CPRA will become fully operational on Jan. 1, 2023, for B2B and HR personal information and will be subject to the same rigorous California privacy regulations…