Legislation

Legislative Update: Privacy Bills Not Immune to COVID-19 As Legislative Efforts Persist and Evolve

Today, we are all facing a public health crisis unlike any other we have seen in our lifetime. In addition to serious consequences to global health, the COVID-19 pandemic has created significant disruption in the legal system and privacy law initiatives have not been immune to the virus’s impact. With many state legislatures nearing or at the end of legislative sessions taken over by pandemic priorities, state privacy bill initiatives across the country are grinding to a halt. However, some lawmakers are pushing forward with targeted proposals to protect individual privacy in the face of COVID-19 and some states, particularly California, continue public and private efforts to bolster privacy in their jurisdiction. Below is a summary of the 2020 privacy legislative efforts to date and the impact COVID-19 has had on their progress. READ MORE

Wait…CCPA 2.0? What Is the California Privacy Rights Act of 2020 and Will It Become Law?

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.

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Two Diverging Federal COVID-19 Privacy Bills Proposed

In recent days, Congress has introduced two divergent “emergency” bills to address privacy issues arising during the COVID-19 crisis. While both bills aim to protect personal data collected for the purposes of contact tracing and containing the spread of the illness, the bills – one led by Republicans, the other by Democrats – offer different approaches in key areas, including the scope of entities covered, preemption of state law, and whether to provide a private right of action. Given these differences, it is unlikely either bill will pass in its current form, barring significant concessions from each side of the aisle. Here is a high-level summary of the key points addressed in each bill: READ MORE

ICO FINES: WHEN IS AN APPEAL APPEALING?

The decision to appeal a regulatory finding is never taken lightly. By the time a regulator has completed its investigation and notified a company of its intention to fine, the company will have invested significant time and money in responding to the regulatory investigation. As such, there is a real temptation to accept the fine and the accompanying statement from the regulator and move on.

However, in the case of recent regulatory findings, fines and intentions to fine issued by the UK’s Information Commissioner’s Office (the “ICO”) against British Airways, Marriott and Dixons Carphone, all three  companies have appealed or indicated an intention to appeal despite the significant difference in the levels of the fines/intentions to fine. In our view, this is related to the spectre of an emerging class action litigation culture in the UK that increases the stakes for any company facing negative regulatory findings.

In this UK-focused blog we explore the potential motivation behind these decisions to appeal, why we expect to see more companies taking this approach in the future, and the steps to be taken in order to appeal decisions by the ICO and we also consider whether the companies that have failed to appeal and are now facing class actions made the right decision when they elected not to appeal.

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The CCPA Is in Effect and It Is Not Too Late to Get Started in 2020

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

California Governor Signs CCPA and Breach Notification Statute Amendments into Law

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.

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Up for Interpretation: Proposed CCPA AG Regulations Open for Public Comment

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

Orrick Webinar: Last-Minute Amendments – Changes to California’s New Privacy Law Ahead of the Effective Date

Webinar | October 30, 2019

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Please join Heather Sussman, Emily Tabatabai, and Nick Farnsworth for the Cyber, Privacy & Data Innovation practice’s webinar “Last-Minute Amendments- Changes to California’s New Privacy Law Ahead of the Effective Date.”

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Orrick Webinar: Defining “Reasonable” Security Under California’s New Privacy Law

Webinar | September 26, 2019

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Please join Michelle Visser and Nicole Gelsomini for the Cyber, Privacy & Data Innovation practice’s webinar “Defining ‘Reasonable’ Security Under California’s New Privacy Law.” READ MORE