American Data Privacy and Protection Act (ADPPA)

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Our Team Joined the Discussion on the Stage of the Global Data Protection Congress 2022 | Consumer Privacy World

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

WEBINAR Federal Privacy Legislation: Within Reach After a Decade of Debate. If So, What Next?

Federal Court Dismisses Biometric

Several developments this week underscored the continued importance of a bill that has been introduced to implement uniform privacy federal privacy standards.

Continue Reading Passage of Federal Privacy Bill Remains Possible This Year, Remains a Continued Priority

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

CPW’s Shea Leitch and Kyle Dull to Speak at ACC South Florida’s 12th Annual CLE Conference

CPW’s David Oberly

In the absence of any progress at the federal level, states have taken matters into their own hands with the introduction of proposed consumer privacy legislation geared toward placing greater protections over consumers’ sensitive personal data. 2021 was a busy year for state legislatures, with both Virginia and Colorado enacting new consumer privacy statutes of their own. 2022 brought more of the same, with Utah and Connecticut adding their names to the growing list of states that now have laws on the books granting consumers extensive rights regarding the collection and use of their personal data while at the same time imposing wide-ranging obligations on companies that handle that same data.

Continue Reading CPW’s David Oberly Examines Recent Major Changes to Consumer Privacy Legal Landscape in Latest Issue of the Cincinnati Bar Association’s CBA Report Magazine

The California Consumer Privacy Act (CCPA) currently has limited carve-outs for personal information (PI) collected from a job applicant, employee, owner, director, officer, medical staff member, or independent contractor of a business acting in such capacity (including, without limitation, communications, emergency contact and benefits PI) (HR data). An even broader exception applies to B-to-B communications and related PI (e.g., vendor, supplier and business customer contacts and communications) (B-to-B data). As a result, businesses subject to the CCPA are not currently required to honor CCPA rights requests received from persons concerning HR data and B-to-B data. These carve-outs are set to sunset on January 1, 2023, when the California Privacy Rights Act (CPRA), which substantially amends the CCPA, goes into full effect, at which point HR data and B-to-B data will be fully subject to all of the requirements of the CCPA/CPRA. Many business administrators had hoped that either the California legislature would extend the HR data exceptions (or maybe even make them permanent), or a federal law that limited data subject rights to traditional consumers would pass and preempt CCPA/CPRA. It is now clear that the former is impossible and the latter is highly unlikely. Accordingly, many companies have a lot to do by year-end to prepare to stand up a CCPA/CPRA program for HR data and B-to-B data.

Continue Reading HR and B-to-B Data Compliance Deadline Looming – Legislative Efforts to Extend California Consumer Privacy Act Exemptions Fail

On Thursday, House Speaker Nancy Pelosi expressed concerns with certain features of the American Data Privacy and Protection Act (“ADPPA”) and its broad preemption provision, which as currently drafted would override the California Consumer Privacy Act (“CCPA”) and its subsequent voter- approved amendments.  The ADPPA was favorably reported by the House Committee on Energy and

On August 24, 2022, California Attorney General Rob Bonta issued a press release announcing the first public settlement by the Office of the Attorney General (OAG) involving alleged violations of the CCPA. The settlement involves a judicial judgment, civil penalties and ongoing monitoring and reporting. The use of noncompliance letters to cajole companies into compliance over many months now appears to be a closed chapter in the CCPA saga. Season 2 promises more drama, more action and more money. Entertaining unless you are the next target!

Continue Reading The Cookie Crumbles – Lessons from First California Consumer Privacy Act (CCPA) Monetary Settlement

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

VIXIO Regulatory Intelligence Quoted CPW’s Kristin Bryan in Recent Article on FTC and CFPB Data Protection and Privacy Legislation

Today, the Federal Trade Commission (“Commission”) issued an advanced notice of public rulemaking on commercial surveillance, seeking public comment on whether new rules are needed to protect people’s privacy and information.  The notice, which is broad and sweeping, seeks comment on dozens of questions, categorized into the following topics:

  • Harms to Consumers
  • Harms to