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Shea Leitch

This blog post is a bonus supplement to our quarterly Artificial Intelligence and Biometric Privacy Quarterly Review Newsletter. Be on the lookout for our Q3 Newsletter!

We are quickly approaching the Jan. 1, 2023 operative date of most of the provisions of the California Privacy Rights Act (“CPRA), which, as most of us know by now, substantially amends the CCPA. Under the CPRA, the California Privacy Protection Agency (“CPPA” or “Agency”) has a mandate to issue regulations on a number of specific topics. With just fewer than three months to go until January 1, regulations are not even close to being finalized.  The Agency released the first draft of proposed regulations on May 24, and the first public comment period ended on August 23. In a meeting held by the CPPA on Friday, September 23, the Agency gave no concrete sense of timing or any comments on topics, such as those discussed in this post, for which regulations have not even been issued. This has left many businesses feeling left in the lurch, uncertain of what to do.
Continue Reading Profiling and Automated Decision-Making: How to Prepare in the Absence of Draft CPRA Regulations

Earlier today, President Biden issued the Executive Order that is expected to lay the groundwork for the replacement for Privacy Shield.   

Key Takeaway 

President Biden issued an Executive Order to help pave the way for a new mechanism to transfer personal data subject to EU data protection law from the EU to the US. Whether and when the new mechanism will be available for US businesses remains to be seen.

Continue Reading Biden Administration Issues Executive Order for Privacy Shield Replacement

Shea Leitch (Of Counsel, Washington, DC) and Kyle Dull (Senior Associate, New York/Miami) will speak on Friday, September 16, at the Association of Corporate Counsel (ACC) South Florida Chapter’s 12th Annual CLE Conference, “Casino Royale: Accepting the In-House Mission.” Shea and Kyle’s aptly named panel, “For Your Eyes Only: Dealing with Security Risks, New

On August 1, the New York State Department of Financial Services (“NYDFS” or “DFS”) announced a Consent Order  and $30 million fine against Robinhood Crypto, LLC (“RHC”), the wholly-owned cryptocurrency trading unit of the popular investing app by Robinhood Financial LLC. In the Order, NYDFS alleges RHC failed to comply with NYDFS rules pertaining to

Earlier this week, the leaderships of the House Energy and Commerce Committee formally introduced the American Data Privacy and Protection Act (HB 8152). The legislation is being marked up today in the Subcommittee on Consumer Protection and Commerce of the House Committee on Energy and Commerce. The legislation likely will be slated for full committee

As we previously reported on the CPW blog, the leadership of the House Energy and Commerce Committee and the Ranking Member of the Senate Commerce Committee released a discussion draft of proposed federal privacy legislation, the American Data Privacy and Protection Act (“ADPPA”), on June 3, 2022. Signaling potential differences amongst key members of

The California Privacy Protection Agency (“CPPA” or “Agency”) hosted its first public meeting yesterday following publication of the first draft of proposed regulations (“Regs”) (on May 27) and the initial statement of reasons (“ISOR”) on June 3. Immediately below, we summarize highlights of the meeting held by the CPPA, including taking a further step towards

On Friday, three of the four leaders of the Congressional committees with principal jurisdiction over privacy provided for review draft privacy legislation (the American Data Privacy and Protection Act) that if adopted would preempt certain recently-passed state privacy laws.  The bill, sponsored by House Energy and Commerce Chair Frank Pallone (D-N.J.), ranking member Cathy

In an unexpected move, the California Privacy Protection Agency (the “Agency”) issued draft regulations (“Regs”) mandated by the California Privacy Rights Act (“CPRA”), on Friday May 27 (a day before the Memorial Day weekend, and a day after a public stakeholder meeting in which it gave no indication that the Regs would be issued the