On May 4, 2020, Californians for Consumer Privacy announced that it submitted over 900,000 signatures to qualify the California Privacy Rights Act of 2020 (“CPRA”) for California’s November 2020 ballot. With the California Consumer Privacy Act of 2018 (“CCPA”) set to become enforceable on July 1, 2020, this new ballot initiative has left many wondering what the CPRA is and whether the CPRA will become law. We explore these questions further below.
Emily advises clients on an array of privacy and data management matters, helping clients navigate the complex web of privacy laws, rules, regulations and best practices governing the collection, use, transfer and disclosure of data and personal information. Emily works closely with client business teams and in-house counsel to assess and manage privacy risks, design and deploy compliance programs and implement privacy-by-design approaches to address key compliance objectives while supporting each client’s data innovation strategies and the development and use of cutting-edge digital technologies. She frequently guides child- and student-directed service providers through the complexities of compliance with the Children’s Online Privacy Protection Act (COPPA), the Family Educational Rights and Privacy Act (FERPA), California’s Student Online Personal Information Protection Act (SOPIPA) and similar state student privacy laws and advises companies across the industry spectrum as they work towards compliance with the California Consumer Privacy Act (CCPA). She also represents clients subject to regulatory investigations and litigation involving a spectrum of federal and state laws, including under Section 5 of the Federal Trade Commission Act (FTC Act), COPPA, the Fair Credit Reporting Act (FCRA), Gramm-Leach-Bliley Act (GLBA), the U.S.-E.U. Privacy Shield Program, the California Online Privacy Protection Act (CalOPPA) and others.
To make the CCPA more accessible, Emily developed Orrick's CCPA Readiness Assessment Tool. The tool provides companies an opportunity to test their compliance with the CCPA and similar laws as a first step to constructing their strategic compliance roadmap.
Emily also has an active consumer protection practice, focused on marketing and promotional issues. She counsels clients on interest-based advertising, sweepstakes and marketing promotions, retail sales and e-commerce platforms, advertising substantiation, new media and social media integration, and SMS text messaging and telemarketing, including matters involving the Telemarketing Sales Rule (TSR), the Telephone Consumer Protection Act (TCPA), the Restore Online Shoppers’ Confidence Act (ROSCA) and state and federal consumer protection statutes.
Emily is a Certified Information Privacy Professional in both U.S. and European privacy law (CIPP/US and CIPP/E) and member of the International Association of Privacy Professionals (IAPP) Publications Advisory Board. She is a frequent speaker on data privacy matters, with a particular focus on children’s privacy (COPPA), student data privacy and EdTech. She was featured as an “Up and Coming” Privacy & Data Security attorney by Chambers USA 2018 and 2019. In 2016, Law360 named Orrick’s Cyber, Privacy & Data Innovation practice “Practice Group of the Year” in the data privacy category. In 2019, Chambers USA ranked Orrick’s practice in Band 1 and named Orrick the Privacy/Data Security Law Firm of the Year.
Posts by: Emily Tabatabai
On March 11, 2020, the California Attorney General, Xavier Becerra, (“California AG”) released a second set of modifications to the proposed regulations pursuant to the California Consumer Privacy Act of 2018 (“CCPA”). These recent modifications reflect some minor changes and clarifications from the first set of modifications to the proposed regulations (published on February 10, 2020).
On February 7 and again on February 10, 2020, the California Attorney General Xavier Becerra released an updated draft of proposed regulations pursuant to the California Consumer Privacy Act of 2018 (“CCPA”). The updated drafts feature significant changes, clarifications and reversals of policy from the original proposal.
The updated draft regulations—available here (clean) and here (redline to the original October 2019 Draft)—reflect input gathered during the public comment period and series of public hearings which concluded on December 6, 2019. The first draft of the proposed regulations, the public comments and the transcripts and audio of the public hearings are available on the Attorney General’s CCPA webpage. The Attorney General also updated the online cache of documents and other information relied upon in preparing the revised draft regulations here.
Happy New Year! At long last, the California Consumer Privacy Act of 2018 (“CCPA”) went into effect yesterday, January 1, 2020. For those who have not yet heard, the CCPA establishes a comprehensive legal framework to govern the collection and use of personal information, both online and offline, and provides unprecedented privacy rights to California consumers, in effect becoming the de facto national standard for U.S. privacy law. The law introduces new legal risks and considerations for companies that collect information from California consumers, due to the law’s expansive scope, broad definition of personal information, increased disclosure obligations, enhanced consumer rights, potential for statutory fines and, in the event of a security incident, the potential for consumer class action litigation. READ MORE
With the January 1, 2020 effective date of the California Consumer Privacy Act (the “CCPA”) rapidly approaching, all eyes have been on the California legislature’s consideration of a robust suite of amendments that would clarify ambiguities and address discrepancies underlying the prominent privacy statute. On October 11, 2019, six CCPA amendments were signed into law by the California Governor, as well as an amendment to the state’s breach notification statute. The rest of the CCPA amendments have either failed or will have to wait until next year for further consideration.
On October 10, 2019, the California Attorney General added to the complexity of the California Consumer Privacy Act of 2018 (“CCPA”) by releasing long-awaited proposed regulations that provide guidance on various elements of the CCPA. The text of the proposed regulations is available here and the California Attorney General has made other documents and information relating to the proposed regulations available here. The comment period for the proposed regulations will close on December 6, 2019. Interested parties may review and provide written comments addressing the proposed regulations prior to that date or attend one of four scheduled public hearings on the proposed regulations to be held on December 2-5, 2019. READ MORE
Following in California’s footsteps, Nevada has passed a new privacy law providing consumers the right to opt out of the sale of their personal information. Senate Bill 220 (SB-220), signed into law by Governor Steve Sisolak on May 29, 2019, amends Nevada’s existing online privacy statute, NRS 603A.340, to include a requirement that online operators provide consumers with a means to opt out of the sale of specific personal information collected by websites or online services. The act goes into effect on October 1, 2019 – three months ahead of the January 1, 2020 effective date of the California Consumer Privacy Act (CCPA) – which may force companies to fast track implementation efforts for opt-out requests in particular. READ MORE
In an increasing trend, the Federal Trade Commission (FTC) joined other federal regulators seeking to hold individuals – not just companies – liable in enforcement proceedings. The most recent target was San Francisco-based UrthBox, Inc. and its principal, Behnam Behrouzi. Specifically, Urthbox and Behrouzi agreed to settle FTC allegations that UrthBox engaged in unfair or deceptive acts or practices by: (1) failing to adequately disclose key terms of its “free trial” automatic renewal programs, and (2) misrepresenting that customer reviews were independent when, in fact, UrthBox provided customers with free products and other incentives to post positive reviews online.