Privacy Law Blog

Category Archives: Privacy Law

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One Cross-Border Mechanism Invalid, Another Upheld: Thoughts after the CJEU’s Schrems II Decision

On July 16, 2020, the Court of Justice of the European Union (CJEU) invalidated Decision 2016/1250 on the adequacy of the protection provided by the EU-US Privacy Shield, ruling, among other things, that U.S. domestic law governing law enforcement access to transferred data does not satisfy the GDPR’s requirements because, as the Court stated, U.S. … Continue Reading

Trends in Privacy and Data Security

Privacy and cybersecurity remain top priorities for regulators and companies alike, as the threats posed by large-scale data breaches and other cyber incidents show no signs of waning. Companies and their counsel must monitor privacy and data security-related enforcement trends, new laws and regulations, and key emerging issues to mitigate risks and minimize potential liability. … Continue Reading

HHS to Exercise Enforcement Discretion to Permit HIPAA Business Associates to Use and Disclose PHI to Public Health Authorities during the COVID-19 Health Crisis

On April 2, 2020, the Office for Civil Rights (OCR) at the U.S Department of Health and Human Services released a notification related to the discretion that OCR will exercise concerning HIPAA enforcement during the COVID-19 public health emergency. Effective immediately, OCR will not impose penalties for violations of certain provisions of the HIPAA Privacy … Continue Reading

Privacy Considerations for Employers and Health Care Providers When Communicating about Coronavirus-Infected Individuals

This alert focuses on the ongoing and developing privacy issues that have arisen for employers and healthcare providers communicating about the 2019 novel coronavirus (COVID-19).  Specifically, we will discuss the steps that employers and healthcare companies need to consider when communicating to its employees, the media and general public, and government officials when an individual … Continue Reading

California Governor Signs All Pending CCPA-Related Bills Into Law

On October 11, 2019, the California Governor, Gavin Newsom, signed into law five CCPA-amending bills and an additional CCPA-related bill that were awaiting his signature. The CCPA, or the California Consumer Privacy Act of 2018, gives California consumers certain rights to learn about and control how a business within the CCPA’s scope handles the personal … Continue Reading

The “Meat on the Bones”: Attorney General Xavier Becerra Releases CCPA Implementing Regulations

On October 10, 2019, the California Attorney General, Xavier Becerra, announced at a press conference that his office has released proposed implementing regulations for the California Consumer Privacy Act (“CCPA”). The text of the proposed regulations is available here. As background, the CCPA is a California privacy law that seeks to give California consumers the … Continue Reading

Nevada Consumer Opt-Out Right from Sale of Personal Information Goes into Effect

Effective tomorrow, October 1, 2019, the existing Nevada Privacy of Information Collected on the Internet from Consumers Act will be amended to include a consumer right to opt out from the sale of personal information and to impose verification requirements on “Operators” covered by the law. The existing law requires such covered entities to post … Continue Reading

Employees Will Be Exempted from Most Requirements of the Amended California Consumer Privacy Act… For Now

In an effort to give consumers more control over the data businesses collect from and about them, the California legislature passed the California Consumer Privacy Act (CCPA) in 2018 (and amended it a few months later). The CCPA gives consumers the right to know about and have deleted the data businesses have gathered about them, among … Continue Reading

CCPA Legislative Round-Up: Winners and Losers

Businesses and California consumers are one step closer to understanding what their respective obligations and rights are under the California Consumer Privacy Act of 2018 (the “CCPA”). The CCPA is California’s landmark legislation that seeks to give California consumers the rights to learn about and control certain aspects of how a business handles the personal … Continue Reading

The New SHIELD Act Changes Breach Notification Rules and Data Security Standards for New Yorkers’ Personal Information

Reflecting the movement to toughen data security laws on a state-by-state basis, on July 25, 2019, Governor Cuomo signed into law the Stop Hacks and Improve Electronic Data Security Act (the “SHIELD Act” or the “Act”). The Act amends New York State’s current data breach notification law, which covers breaches of certain personally-identifiable computerized data … Continue Reading

Amid a Spate of Activity, COPPA Remains an FTC Enforcement Priority

Earlier this month, the FTC sent a letter to Wildec, LLC, the Ukraine-based maker of several mobile dating apps, alleging that the apps were collecting the personal information and location data of users under the age of 13 without first obtaining verifiable parental consent or otherwise complying with the Children’s Online Privacy Protection Act (COPPA). … Continue Reading

CCPA: The California Senate is Not Ready to Expand the Consumer Right of Action

Senate Bill 561’s smooth sail through the California legislature came to an end on Thursday, May 16.  On the eve of the deadline for all fiscal committees to hear and report on the bills introduced in their house, the Senate Appropriations committee decided to hold the bill. Meaning, SB 561 will not pass out of … Continue Reading

With Regulators Increasing Focus on Spam Robocalls, Arkansas Follows Others States in Passing Anti-Spoofing Privacy Law

Unwanted robocalls reportedly totaled 26.3 billion calls in 2018, sparking more and more consumer complaints to the FCC and FTC and increased legislative and regulatory activity to combat the practice. Some automated calls are beneficial, such as school closing announcements, bank fraud warnings, and medical notifications, and some caller ID spoofing is justified, such as … Continue Reading

Bills Introduced in California Legislature to Expand Scope of Breach Notification Law and Amend the CCPA

California already has some of the strongest data privacy laws in the United States, but within the past week state legislators, with the backing of the California Attorney General Xavier Becerra, have proposed two new bills that would strengthen California’s data privacy laws even more. One bill (SB 561) would amend key sections of the … Continue Reading

How Can Data Privacy Regulations Limit the Ability to Present Evidence in a Litigation?

The French Supreme Court sanctions a company for having produced complete employee pay slips in a litigation. It is not news that the rules of evidence and data privacy laws may be conflicting. A recent decision of the French Supreme Court[1] illustrates this tension and highlights the need for litigators to take into account data … Continue Reading

California Legislature Passes Amendments to the California Consumer Privacy Act

The California Consumer Privacy Act (CCPA) is a major new state law poised to affect the privacy landscape not just in California, but in the U.S. as a whole. (For a detailed overview of the CCPA, read our previous post.) On August 31, the California legislature passed several amendments to the CCPA that will have a … Continue Reading

The California Consumer Privacy Act of 2018

This has been a big year in the data protection world, with the headline-grabbing General Data Protection Regulation (GDPR) occupying most of the spotlight with its plethora of privacy-related requirements and potential for high fines for violators. While companies (justifiably) may be focused on the GDPR at the moment, it’s also important to keep an … Continue Reading

South Dakota Passes Breach Notification Law, Leaving Alabama the Only U.S. State Without a Breach Notification Law

On March 21, 2018, South Dakota Governor Daugaard signed S.B. 62, enacting the state’s first data breach notification law, which will go into effect July 1, 2018. Previously, Alabama and South Dakota were the only U.S. states without data breach notification. As of July 2018, Alabama will be the last state without a data breach … Continue Reading

A Primer on the SHIELD Act: New York’s Move to Adopt More Stringent Data Security Requirements

In November 2017, New York Attorney General Eric Schneiderman introduced the Stop Hacks and Improve Electronic Data Security (SHIELD) Act (the “Act”) in the state’s Legislature. Companies – big and small – that collect information from New York residents should take note, as the Act could mean increased compliance costs, as well as potential enforcement actions for those that … Continue Reading

Indian Supreme Court Declares the Right to Privacy a Constitutionally-Protected Fundamental Right

In a landmark decision, a nine judge bench of the Supreme Court of India ruled today that privacy is a fundamental right protected by the Constitution of India. Background Due to the volume of cases brought before the Supreme Court of India, cases are generally heard by benches consisting of a subset of the ten … Continue Reading

A Year in Review: FTC Data Privacy Actions and its Impacts on 2017 and Beyond

Whether it means taking a prominent role shaping data security for the Internet of Things, or addressing high profile breaches, the FTC has adopted an active position in policing data privacy and security. And, as data becomes increasingly digital in its form and protections, data security is of paramount importance for all types of intelligence—whether … Continue Reading
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