USA
Enforcement Update on the California Consumer Privacy Act
Monday, July 19, 2021 Contact: (916) 210-6000, agpressoffice@doj.ca.gov SAN FRANCISCO – A year after enforcement of the nation’s toughest privacy law began, California Attorney General Rob Bonta today announced successful enforcement efforts and urged more Californians to take advantage of their new rights. The California Consumer Privacy Act (CCPA) provides consumers with groundbreaking…
Read More »Why Everyone Is Talking About a Rarely Invoked Rule – the FTC’s Health Breach Notification Rule
Back in September, the Federal Trade Commission (FTC) issued (by a 3-2 vote) a policy statement (the Statement) regarding the oft-forgotten Health Breach Notification Rule (the Rule). I was at the FTC when the Statement was released and have since joined BakerHostetler. Around the time I joined BakerHostetler, my new…
Read More »FTC Announces Regulatory Priorities for Both Privacy and Competition
On December 10th, the Federal Trade Commission (FTC) published a Statement of Regulatory Priorities that announced the agency’s intent to initiate rulemakings on issues such as privacy, security, algorithmic decision-making, and unfair methods of competition. The statement also addressed ongoing reviews on a myriad of topics, including the FTC’s review…
Read More »New Virginia Consumer Privacy Law Adds Data Rights, Creates New Requirements for Data Controllers
Virginia is the latest state to adopt a consumer privacy law, with the Virginia Consumer Data Protection Act (CDPA) signed by the governor in early March. The bill adopts some of the terms seen in the California Privacy Rights Act (CPRA), most notably regarding the collection of sensitive personal data…
Read More »California bans ‘dark patterns’ that trick users into giving away their personal data
If you’ve ever struggled through a maze of online customer service to cancel a subscription or delete an account, you’ve likely encountered “dark patterns” — user interfaces that are designed to trick and frustrate users. The concept was coined in 2010 but is slowly being addressed in US legislation, with California…
Read More »Security teams struggle to complete compliance audits under COVID
COVID-19 may have slowed down business, but it hasn’t slowed down time. Meeting the deadlines to demonstrate compliance with cybersecurity regulations and certification standards under pandemic conditions is proving to be a challenge for some companies. A survey of 100 North American CISOs that was conducted last June and whose findings were…
Read More »California’s Attorney General to U.S. Senate: Don’t Preempt CCPA
Last week, California’s Attorney General Xavier Becerra testified before the U.S. Senate Committee on Commerce, Science, and Transportation in a hearing entitled, “Revisiting the Need for Data Privacy Legislation”. Becerra’s testimony included a request that the Senate not preempt the California Consumer Privacy Act (“CCPA”) by passing a federal data privacy law. A new…
Read More »Over half of firms intend to continue US data transfers despite Schrems II
More than half of enterprises have no intention of ceasing or reducing their reliance on US-based or non-European Economic Area (EEA) data processors despite the Schrems II ruling, a survey conducted by legal experts at Fieldfisher has found. Of the 138 anonymous responses received from enterprises, about 75% indicated that half or…
Read More »Consolidating US privacy legislation: The SAFE DATA Act
The U.S. Setting an American Framework to Ensure Data Access, Transparency, and Accountability Act (SAFE DATA) represents the latest stage of evolution in omnibus federal privacy legislation. The bill is sponsored by Sen. Roger Wicker, R-Miss., who chairs the Senate Committee on Commerce, Science, & Transportation, and co-sponsored by several other…
Read More »Irish DPC tells Facebook to stop transferring data to the US: Should panic ensue?
The Wall Street Journal reported Sept. 9 that Ireland’s Data Protection Commissioner issued a preliminary order that Facebook must stop transferring user data to the U.S. The order, which was reported based on anonymous sources “according to people familiar with the matter,” follows the Court of Justice of the European Union’s ruling…
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