On Friday, May 27, 2022, the California Privacy Protection Agency (CPPA) issued draft proposed regulations ahead of its June 8, 2022 board meeting. While these draft regulations are subject to public comment and may undergo extensive revisions before they are finalized, the draft rules provide some insight into the direction the CPPA is taking with regard to how businesses may collect and use personal information as well as the form and content for notices and disclosures to consumers.
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CPPA Issues CPRA Draft Regulations Posted on: June 01, 2022 In: Data Privacy & Cybersecurity
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Tips for Employers When Drafting Employment Applications Posted on: May 19, 2022 In: Labor & Employment
Employers trying to minimize risk of legal exposure must consider several critical issues when screening prospective hires, including drafting and reviewing employment applications. A job application is a vital part of the screening process and provides an organized way for the employer to collect information from applicants. But applications must be drafted to comply with all relevant federal, state, and local laws and so, by extension, contain several legal traps for the unwary.
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California Employers’ New Obligations Under the CPRA Posted on: May 11, 2022 In: Labor & Employment
In November 2020, California voters approved Proposition 24 – also known as the California Privacy Rights Act (CPRA) – a ballot initiative that amended the California Consumer Privacy Act (CCPA). While the CCPA explicitly granted data privacy rights to California residents in their capacity as consumers, the CPRA grants employees additional rights with respect to their data rights.
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Additional Data Protection Authorities Assess Legality Around Using Google Analytics Posted on: March 22, 2022 In: Data Privacy & Cybersecurity
In response to a 2020 European Court of Justice (ECJ) ruling that the EU-US Privacy Shield data transfer mechanism was not consistent with European data protection laws, the EU and U.S. began working to identify a new arrangement for transferring personal data from the EU to the U.S. However, to date, no substitute data transfer mechanism has been identified.
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Recent Amendment to New York State Technology Law Demonstrates Rapid Evolution of Privacy Laws Posted on: December 29, 2021 In: Data Privacy & Cybersecurity
On December 22, 2021, New York Governor Kathy Hochul signed into law New York Senate Bill 7019, amending New York State Technology Law § 209 in an effort to remedy the miscommunications between various state agencies regarding notices of data breaches. The law now requires the Office of Information Technology Services to take certain steps when it discovers a data breach or network security breach. We discuss the background and details of the new law in this post.
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China’s Personal Information Protection Law Brings Heightened Data Privacy Regulation to the People’s Republic Posted on: August 27, 2021 In: Data Privacy & Cybersecurity
On August 20, 2021, at the closing meeting of China’s National People’s Conference Standing Committee in Beijing, lawmakers approved the Personal Information Protection Law (PIPL). The PIPL legislates for the protection of personal information and will take effect on November 1, 2021. For businesses transacting with China, the PIPL promises a shift in the way cross-border business is done. This post covers key provisions of the new law to help businesses prepare for the enactment of this legislation.
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Legislative Alert: Enhanced Privacy Protections Signed Into Law in Connecticut Posted on: July 21, 2021 In: Data Privacy & Cybersecurity
Connecticut is part of the steady stream of states enacting more complicated and demanding data privacy and cybersecurity laws in 2021. The state joins Colorado and California in adding both a new privacy law and a new cybersecurity law. In this post, we review the key elements of Connecticut's Act Concerning Data Privacy Breaches and its Act Incentivizing the Adoption of Cybersecurity Standards for Businesses.
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CCPA 2.0 and the Changing Privacy Landscape, Part VII: Penalties and Enforcement Mechanisms Posted on: June 02, 2021 In: Data Privacy & Cybersecurity
As discussed throughout this series, the passage of the California Privacy Rights Act (CPRA) will change the privacy landscape in California and impact the compliance efforts of businesses serving California consumers. In addition to expansion of the rights promised to consumers under the California Consumer Privacy Act (CCPA), this seventh installment in our series discusses the new penalties and enforcement mechanisms for subject businesses created by passage of the CPRA on November 3, 2020.
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Canada Introduces Legislation to Revamp Federal Privacy Landscape Posted on: February 16, 2021 In: Data Privacy & Cybersecurity
The Canadian House of Commons introduced draft legislation that, if enacted, would align federal Canadian privacy law with the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). The draft legislation, titled the Consumer Privacy Protection Act (CPPA), proposes significant advancements to the current legal regime governing personal data.
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Don’t Forget the HIPAA Small Breach Notification Deadline of March 1, 2021. It’s Right Around the Corner! Posted on: February 10, 2021 In: Data Privacy & Cybersecurity
Despite all that made 2020 an unusual year, data security incidents did not slow down. For organizations that are covered by the Health Insurance Portability and Accountability Act (HIPAA), the deadline to report small incidents is fast approaching. Organizations that experienced a data security incident in 2020, which affected the protected health information (PHI) of less than 500 individuals, have until March 1, 2021 to submit their notification to the U.S. Dept. of Health & Human Services.
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CCPA 2.0 and the Changing Privacy Landscape, Part V: New & Expanded Consumer Rights Posted on: February 08, 2021 In: Data Privacy & Cybersecurity
The newly-passed California Privacy Rights Act (CPRA) includes additional and expanded consumer rights not currently existing under the California Consumer Privacy Act (CCPA). This fifth installment in our series about the changes to the CCPA brought by the CPRA focuses on consumers’ new rights of correction and access to certain personal information and revisions to certain existing consumer rights in the CCPA, including rights to know (and access), deletion, non-discrimination, and rights for minors.
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CCPA 2.0 and the Changing Privacy Landscape, Part II: CPRA’s Covered “Businesses” & Exemptions Posted on: December 29, 2020 In: Data Privacy & Cybersecurity
California voters’ approval of the California Privacy Rights Act (CPRA), a privacy ballot initiative that amends and expands the California Consumer Privacy Act (CCPA), is a significant development in the U.S. privacy world. In this second installment of our Digital Insights series on the major changes effected by the CPRA, we discuss what qualifies as a regulated "business" under the Act, and what data exemptions exist.
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