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
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.
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
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