Photo of Ashley Lin

Ashley advises clients in a range of legal issues related to emerging companies and venture capital.

There have been several notable developments this month at the California Attorney General’s office relating to the CCPA. First, California Attorney General (AG) Rob Bonta held a press conference and issued a press release regarding CCPA enforcement in the past year. AG Bonta signaled that under his leadership, as under prior California Attorneys General, such as now Vice President Kamala Harris and United States Department of Health and Human Services Secretary Xavier Becerra, the AG’s office will continue its focus on privacy. AG Bonta emphasized the importance of the CCPA at a time when so much of our lives has moved online due to the COVID-19 pandemic and that “there’s more work to be done.” He reported “great progress” in CCPA enforcement, noting that 75% of businesses that received a notice of violation came into compliance within the CCPA’s 30-day cure period, while the remaining 25% are within the cure period or currently under active investigation.
Continue Reading Recent Developments at the California Attorney General’s Office Concerning the CCPA and Enforcement

On April 26, 2021, the Cyberspace Administration of China, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the State Administration for Market Regulation, jointly released the draft Interim Regulations on the Administration of Personal Information Protection for Mobile Internet Applications. The Draft Interim Regulations apply specifically to data collection via mobile applications and are intended to function alongside China’s currently proposed omnibus data protection legislation, the Personal Information Protection Law. The Draft Interim Regulations were open for public comment until May 26, 2021, and the US-China Business Council submitted comments from its members, including Perkins Coie.
Continue Reading China Proposes Draft Regulations for the Protection of Personal Information Collected Via Mobile Applications

Update: The Governor signed the law on Friday, September 25, 2020.

Life science and healthcare companies operating in California face unique challenges regarding California Consumer Privacy Act (CCPA) compliance because of existing inconsistencies between the CCPA and the Health Insurance Portability and Accountability Act (HIPAA). California Assembly Bill (AB) 713 addresses these inconsistencies by easing burdens imposed by the CCPA on medical research and by bringing certain provisions of the CCPA in line with HIPAA and other federal and state health data regulations. At the same time, the bill will impose additional requirements on the use of deidentified health data. AB 713 has passed the California legislature unanimously and will be signed or vetoed by Governor Newsom by September 30, 2020. If signed, the bill will immediately go into effect.
Continue Reading The CCPA May Soon Be Amended to Strengthen CCPA Exemptions for Medical and Research Data

COVID-19 arrives just as the first omnibus privacy statute in the United States, the CCPA became effective. Since its January 1 effective date, we continue to wait for finalization of the CCPA regulations and enforcement that was slated for July 1. In a pandemic environment, companies, employers, and public institutions are grappling, outside the HIPAA context, with unique privacy, data security, and cybersecurity implications of their responses to the coronavirus. From a compliance perspective, businesses are considering under what circumstances they can disclose consumer or employee health conditions or geolocation information in the service of greater public health. Other companies —and governmental institutions at every level—are confronting the very real, and often opportunistic threats to data security posed by aggressive thieves who use crises as cover to commit an assortment of cybercrimes. Privacy and security requirements vary by jurisdiction, so businesses should be mindful of potentially divergent and overlapping approaches and responsibilities as the situation continues to evolve.

We offer a few updates and practical tips for best practices to promote compliance with privacy and data security requirements.

Continue Reading CCPA & COVID-19: A Practical Guide to Addressing Privacy and Data Security Implications of the Coronavirus