All Blog postsThe fourth installment in our ongoing series about changes to the California Consumer Privacy Act (CCPA) focuses on the new data minimization and data retention requirements for subject businesses created by the passage of the California Privacy Rights Act (CPRA) on November 3, 2020. These provisions also obligate subject entities to implement business-wide internal policy changes to accommodate the possible need to change their data collection and retention policies before the CPRA is fully operative.
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CCPA 2.0 and the Changing Privacy Landscape, Part IV: Data Minimization & Retention Posted on: January 26, 2021 In: Data Privacy & Cybersecurity
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CCPA 2.0 and the Changing Privacy Landscape, Part III: Notice Obligations & Right to Opt Out Posted on: January 15, 2021 In: Data Privacy & CybersecurityThis third installment in our ongoing series about changes to the California Consumer Privacy Act (CCPA) focuses on the new consumer opt-out rights and business disclosure obligations created by the California Privacy Rights Act (CPRA), which was approved by voters last November. Part I of this series looked at the CPRA’s definition and treatment of “sensitive personal information.” Part II discussed covered “businesses” and exemptions.
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CCPA 2.0 and the Changing Privacy Landscape: CPRA’s Definition and Treatment of “Sensitive Personal Information” Posted on: December 23, 2020 In: Data Privacy & CybersecurityOn November 3, 2020, Californians approved Proposition 24, a ballot measure creating the California Privacy Rights Act (CPRA), which amends and expands the provisions and requirements of the California Consumer Privacy Act (CCPA). In this Digital Insights series on the CPRA, we will highlight and detail some of the most substantive and important modifications the new law will impose on the CCPA, and what those changes mean to businesses subject to California’s ever-evolving privacy regime.
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Healthcare Providers Beware: HIPAA Applies When Complying With Subpoenas Posted on: August 18, 2020 In: Data Privacy & CybersecurityMuch scrutiny has been given to the treatment for COVID-19 and the use of funds in fighting it. In time, the local, state, and federal governments will be investigating or prosecuting organizations accepting COVID-19 funds or treating those with the coronavirus. Covered entities, such as healthcare providers and health plans, might be served with subpoenas and discovery requests. It is important to know how to manage the release or disclosure of patient information subject to these requests.
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ECJ Invalidates the EU-US Privacy Shield as Adequate Transfer Mechanism Posted on: July 16, 2020 In: Data Privacy & CybersecurityIn a ruling issued on July 16, 2020, the European Court of Justice (ECJ) invalidated the EU-U.S. Privacy Shield – a primary mechanism available to companies exporting personal data from the European Economic Area (EEA) to the United States.
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Accounting Firms: Confirming Security of Client Information After Reports of Tax Fraud Posted on: July 14, 2020 In: Data Privacy & CybersecurityThe July 15, 2020 extended tax-filing deadline is upon us. Accounting and tax preparation firms are squarely in the crosshairs of opportunistic cyber criminals looking to obtain and exploit sensitive information for the purposes of committing tax fraud. Unfortunately, thousands of Americans will see fraudulent tax returns filed in their names this year, and the accounting firm that files the client’s taxes is often the most obvious target for blame, but the source of the tax exploit may not be as obvious.
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California AG Submits CCPA Regulations for Final Approval, Paving the Way Toward Enforcement Posted on: June 03, 2020 In: Data Privacy & CybersecurityOn Monday, June 1, 2020, the California Attorney General’s Office announced that it had submitted the final version of its proposed regulations under the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL) for review and approval.
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Legislative Alert: Vermont Expands Definition of Personal Information and Enacts Protections for Student Privacy and Automatic Subscription Renewals Posted on: March 19, 2020 In: Data Privacy & CybersecurityOn March 5, 2020, Vermont Governor Phil Scott signed into law Senate Bill 110, which amends sections of Chapter 62 of the Vermont Statutes Annotated - “Protection of Personal Information” - including Sections 2430, 2435, and 2454. The bill also adds Section 2443 to the chapter, which governs the privacy of student information belonging to preschool, kindergarten, elementary, and secondary school students.
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Washington State Data Breach Notification Statute Updates Go Into Effect, Imposing New Requirements on Businesses Posted on: March 17, 2020 In: Data Privacy & CybersecurityEffective March 1, 2020, amendments to the Washington State data breach notification statute made the law significantly more onerous for companies dealing with data security incidents. The amendments, which we first covered in May 2019, expanded the definition of personal information, shortened the deadlines for notification, and imposed additional requirements for notice contents.
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Ransomware and the Paramount Importance of Evidence Preservation for Healthcare Entities Posted on: March 10, 2020 In: Data Privacy & CybersecurityOrganizations regulated by the Healthcare Information Privacy and Accountability Act (HIPAA) must take special care to preserve valuable forensic artifacts at the outset of a ransomware or other cybersecurity event. The HIPAA Breach Notification Rule presumes a cybersecurity incident has resulted in unauthorized access to unsecured protected health information and the burden shifts to the organization to show a low probability of the compromise of the health information it maintains.
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Legislative Alert: California Expands Definition of Personal Information Posted on: November 01, 2019 In: Data Privacy & CybersecurityOn October 11, 2019, California Governor Gavin Newsom signed into law Assembly Bill 1130, which amends The Information Practices Act of 1977, as well as California Civil Code §§ 1798.29, 1798.81.5 and 1798.82. The bill expands the definition of “personal information” under the California data breach notification statutes applicable to businesses and to government agencies.
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CCPA’s Final Requirements in Flux, with Six Months to Go to Comply - Part 3 of 3: Trends and Planning – What it All Means Posted on: June 07, 2019 In: Data Privacy & CybersecurityOn June 28, 2018, the state of California enacted and then-Governor Jerry Brown signed the California Consumer Privacy Act (CCPA) into law. The CCPA is a robust piece of legislation that substantially expanded the privacy rights of California residents regarding the collection, use, sale, and disclosure of their personal information by certain for-profit businesses that operate or do business in California. The final installment of this three-part series will cover trends and planning.
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- November 10, 2020 California Voters Make CCPA 2.0 a Reality – California Privacy Rights Act Ballot Measure Passes
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