Proskauer on Privacy

Tag Archives: California Consumer Privacy Act of 2018 (“CCPA”)

Standing to Sue: Is Theft of Drivers’ License Numbers Sufficient to Allege Imminent Threat of Future Harm?

Judge Jeffrey White of the Northern District of California recently dismissed a putative class action lawsuit in which plaintiffs claimed they faced an imminent threat of future of harm in the form of identity theft and fraud because their personal information, specifically their driver’s license numbers, may have been compromised in a data breach.  In … Continue Reading

Happy “Labor …” More Privacy Rights for Employees: California Legislature Closes Session Without Extending Employee and B2B Data Exemptions Under the CCPA

As summer nears its end, uncertainty and complexity lie ahead for many companies as they evaluate how to operationalize compliance with the California Privacy Rights Act (CPRA), existing California employment laws and potentially the passage of a federal privacy law, the American Data Protection and Privacy Act, H.R. 8152 (ADPPA), that may preempt some but … Continue Reading

One More Year: Attorney General Issues Final Regulations as CA Legislature Delays Some Compliance Obligations

Qualifying businesses have another year to complying with certain, major provisions of the CCPA. The CCPA, or the California Consumer Privacy Act of 2018, is a California law that gives California consumers, defined broadly to encompass all California residents, certain rights with respect to their personal information. Namely, it gives consumers the right to know … Continue Reading

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

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

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

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

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
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