Tuesday, August 11, 2020

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What Does 2020 Have in Store for CCPA Enforcement and Litigation?

With enforcement of the CCPA by California’s attorney general now in effect, the second half of 2020 could reveal much more about the AG’s enforcement strategy. Additionally, the strategy of private litigants, who have been able to file CCPA claims since January 1, may also be instructive on what to expect for enforcement by the […]
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Still Manual Burden: Most Companies Slow to Automate CCPA Compliance

Many companies are still struggling to comply with the CCPA, not just from a lack of understanding, but also from a lack of automation and factors outside their control, according to a new survey. For example, only a third of respondents have fully automated giving customers access to their personal data. Only 23 percent have […]
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An Early Look at California Consumer Privacy Act Litigation Trends

Attorneys from Ballard Spahr note that the California Consumer Privacy Act makes California the first state in the country to provide a private cause of action for victims of a data breach. Privacy attorneys have long predicted that the law would trigger a wave of litigation. Numerous articles have been written speculating how businesses will […]
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CCPA Regulations: To Whom Does the Gramm Leach Bliley Carve-Out Apply?

Comments to the final California Consumer Privacy Act regulations asked if the  CCPA carve-out regarding the Gramm Leach Bliley Act (GLBA), the data protection law governing US financial institutions, applies to: Financial institutions under GLBA Service providers that must comply with GLBA Sources of information that are subject to GLBA The California Attorney General’s Answer: […]
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CCPA Regulations: Opt Out and the Privacy Notice

Commenters to the final California Consumer Privacy Act (CCPA) regulations asked if it is possible to provide information about, and access to the “Do not Sell” link and/or opt out opportunity in the privacy notice? The California Attorney General’s answer: No. Read the full post at Fox Rothschild
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California Attorney General CCPA Enforcement—Make Sure You Pay Attention to What Customers Are Saying...

A panel presented by the International Association of Privacy Professionals features some unofficial insight about enforcement of the California Consumer Privacy Act from Stacey Schesser, Supervising Deputy Attorney General for the State of California. For example, since the regulations are still officially tentative, current enforcement is focused on violations of the “four corners” of statute […]
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CCPA Enforcement: What to Expect Now

Attorney Sadia Mirza offers an update on California Consumer Privacy Act enforcement and what security professionals should expect over the next few months. She stresses that there will be more of a focus on consumers having the ability to opt out of the sale of their personal data. She advises organizations to look at their […]
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California Amends Bill to Extend Exemptions for Employment and Business-to-Business Information under the CCPA

Even as enforcement of the California Consumer Privacy Act begins, there is uncertainty as to whether and when employment information and business-to-business data will become fully subject to the CCPA.  On Thursday, June 25, the California state Senate amended Assembly Bill 1281 to extend until January 1, 2022 exemptions from the CCPA for certain employment […]
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CCPA Regulations: What Are Reasonable Security Procedures And Practices?

Under the California Consumer Privacy Act (CCPA), a data breach resulting from a lack of “reasonable security procedures and practices” gives rise to a private right of action (e.g. for a class action lawsuit). Comments to the final CCPA Regulations asked the California Attorney General for more explicit guidance as to what constitutes such measures. […]
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California Privacy Rights Act Will Revamp CCPA To Include GDPR-Type Requirements

On June 24, the eve of the July 1 enforcement date for the California Consumer Privacy Act (CCPA), the California Secretary of State certified the California Privacy Rights Act, the latest brainchild of privacy activist (and CCPA spiritual father) Alastair Mactaggart, to appear on the November 2020 ballot after it gained the requisite number of signatures. […]
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