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California Attorney General Bonta Resists Federal Preemption
On Tuesday, February 28th CA Attorney General Bonta made his stance on federal preemption crystal clear. The American Data Privacy and Protection Act has introduced questions about preemption, especially in California where the privacy law is the strictest to exist so far. While the ADPPA is still in limbo, it has renewed interest and the…
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Will Indiana Take First Place in the Race to Pass Privacy Legislation?
Legislators in the United States are going full steam ahead in 2023 with newly proposed privacy laws and vital legislative sessions that will determine the fate of privacy while a federal law hangs in the balance. Indiana is on the list of states that have made significant headway with a privacy bill that could successfully…
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US Privacy: Update on States Proposing Legislation
2023 is off to an explosive start with more states proposing privacy legislation as they seek to fill gaps the federal government has left while still considering the American Data Privacy and Protection Act. New consumer privacy bills have been filed in New York, Rhode Island, Tennessee, Texas, and Washington last week, and new children’s…
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Is a Federally-Mandated Privacy Law Coming to the Financial Services Market First?
A draft of a bill on financial data privacy from U.S. Rep. Patrick McHenry, Chairman of the Financial Services Committee, was addressed by the House Financial Services Committee Subcommittee on Financial Institutions and Monetary Policy during the “Revamping and Revitalizing Banking in the 21st Century,” on February 8th. The bill “modernizes Gramm-Leach-Bliley Act Using a…
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Why Should I Care About the CPPA Rulemaking in Context of a Video Rental Law from the 1980s?
We’re still potentially 2 months out from getting finalized rulemaking from the CPPA, but there has been some important information trickling out in the meantime. Recently, the CPPA has touched on notices, contracts, and opt-out mechanisms like GPC. As the Video Privacy Protection Act (VPPA) is causing a stir amongst large companies, this will tie…
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From the Desk of Dan Clarke: AG Bonta Discusses Authorized Agents
This year’s Data Privacy Day on January 28th must have inspired Attorney General Rob Bonta as he made an announcement emphasizing his expectation for organizations to step up their privacy compliance. AG Bonta’s statement included notice of a widespread investigation into mobile apps that are not meeting the requirements of the California Consumer Privacy Act.…
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January 2023 Privacy Legislation: The States to Watch
States are ramping up in the new year with more proposed legislation in the absence of movement on federal law. In the coming months, the Colorado Privacy Act and Connecticut Personal Data Privacy and Online Monitoring Act will go into effect on July 1st, the Utah Consumer Privacy Act hits on December 31st, and other…
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CPPA Prioritizing Assessments Beyond Privacy
As the CPPA continues to meet on CPRA regulations and define requirements & enforcement initiatives, there has been a heavy emphasis on assessments. With new laws going into effect that require privacy risk assessments, US companies have to make completion a top priority this year. The value of assessments cannot be overstated, especially as privacy…
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Biden Gives Congress, Tech Industry a Piece of His Mind
President Joe Biden didn’t pull any punches when in a recent Wall Street Journal op-ed, that prominently highlighted privacy, he targeted Republican and Democratic members of Congress saying, “We need bipartisan action from Congress to hold Big Tech accountable.” The division in Congress has left many important issues at an impasse, and more specifically, has…
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Will New York Pass a Privacy Law This Year?
New York has been in the mix for one of the next states to pass a privacy law since the Consumer Protection Committee reintroduced the New York Privacy Act into the senate in May 2021. The NYPA is a comprehensive consumer privacy law that seeks to safeguard the privacy of New Yorkers by giving people…
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CPPA Timeline Update & Compliance Considerations
On January 1, 2023 CCPA gave way to the amended and expanded CPRA to regulate data privacy for US companies that buy, sell, or share the personal information of 100,000+ California consumers or households or meet other criteria. However, uncertainty remains as rulemaking by the California Privacy Protection Agency is still up in the air,…
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Consumer Report Announces Data Rights Protocol Network & Enhanced Authorized Agent Permission Slip
Consumer Report has emerged as one of the leading Authorized Agents in 2022 aiming to make consumer data subject access requests a more streamlined and consistent process. CR announced the Data Rights Protocol in the hopes of establishing a mainstream standard for consumers. Kevin Riggle, a Consumer Report consultant, says, “Our goal in building the…
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Newly Proposed Digital Personal Data Protection Bill of India Introduces Upated Privacy Requirements for the Region
After the government dropped its Personal Data Protection Bill earlier this year, India’s parliament published the Digital Personal Data Protection Bill in late November as a second attempt at a comprehensive data privacy law for the region. Despite having many of the same elements as the other bill, the present draft is more succinct, focused…
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Recap of the Upcoming Virginia Consumer Data Privacy Act
There’s been much ado about preparation for privacy in 2023 with a heavy emphasis on CPRA as it transitions from the previously established CCPA, but organizations are up against the effective date for the Virginia Consumer Data Privacy Act, as well. Although both laws provide detailed definitions of “personal information,” grant customers control over their…
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Is Snapchat’s Privacy Toggle the Future for Social Media Companies?
Snapchat is the latest social media platform to adjust privacy settings for users with a recently implemented toggle switch in its privacy controls that allows users to “limit the use of personal information” based on CPRA requirements. So, what’s the big deal? The implementation of this toggle is significant for two reasons: Other social media…
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The Game-Changing Tool for Authorized Agents
This year has seen historic numbers of proposed privacy laws, more going into effect next year, and the largest number of authorized agents the privacy landscape has seen thus far. You’ve heard that authorized agents are coming and options like SayMine and Privacy Bee are cropping up, but a new tool by the Innovation Lab…
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CPPA Discusses Further Modifications to CPRA
On October 28 and 29, 2022, the California Privacy Protection Agency (CPPA) conducted a board meeting to discuss potential changes to the California Privacy Rights Act (CPRA). The CPPA solicited feedback from the public during the comment period that closed on August 23, 2022. The CPPA made changes to the CPRA regulations because of the…
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California’s New Children’s Law Stirs the Pot
California continues to be the front-runner in proposing new privacy legislation. The California Age Appropriate Design Code was introduced, rapidly passed both chambers, and was signed by California Governor Gavin Newsom on September 15th, 2022. Though the act doesn’t go into effect until July 1, 2024, it’s causing waves in the privacy community, and for…
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Biden Makes Polarizing Announcement on E.U.-U.S. Data Privacy
Big privacy news as President Biden announces a new E.U.-U.S. data privacy framework that will likely become finalized in six months. The previous structure was declared invalid by the Court of Justice of the European Union as a legal data transfer mechanism under E.U. law. The new framework addresses their concerns and adopts new American…
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FTC Seems Serious About Path Forward for Privacy Rulemaking
In an open forum on September 8th, 2022 the FTC had a two-panel discussion concerning commercial surveillance and inadequate data security. Chairman Lena Kahn noted in her opening remarks that there have been a few companies on their radar but believe there are widespread commercial surveillance practices necessitating a need for market-wide rules. Overall, the…