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A court-ordered stay on enforcement of updates to certain parts of the California privacy regulation (the Ruling) has not slowed down enforcement of the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). In fact, the hot summer months of July and August are poised to be busy months of regulator activity. On Friday, July 14, the California Attorney General distributed a series of “inquiry letters” to certain businesses as part of an investigative sweep concerning employee privacy. Simultaneously, the California Privacy Protection Agency (CPPA) detailed its enforcement strategy for California state privacy laws in a public meeting, announcing the Agency’s plans to continue with enforcement where it is able, despite the stay on updates to the regulations. Most recently, on July 31, the CPPA announced a review of privacy practices around connected automobile data. This increased level of activity should encourage companies that have been slow to implement a compliant privacy program, including the updates that went effective on January 1, 2023.Continue Reading Full Steam Ahead: Updates in Enforcement of California Privacy Law

International, federal, and state privacy regulators highlighted their ambitious agendas at the 2023 IAPP Global Privacy Summit in Washington, D.C. They, along with speakers from an array of private organizations, underscored the following takeaways that should be top of mind for businesses:Continue Reading Ten Takeaways From the 2023 IAPP Global Privacy Summit

The California Privacy Protection Agency (CPPA) released a statement on March 30, 2023, announcing that the California Office of Administrative Law (OAL) had approved the first substantive rulemaking package for the California Consumer Privacy Act (CCPA), amended by the California Privacy Rights Act (CPRA). As a result of this, the CCPA regulations in this rulemaking package are finalized and, according to their terms, effective immediately.Continue Reading Crossing the Finish Line: California Regulations Effective Immediately

The Board of the California Privacy Protection Agency (CPPA) approved a rulemaking package covering Sections 7000–7304 of their draft regulations on February 3, 2023. The board also initiated preliminary rulemaking activities for risk assessments, cybersecurity audits, and automated decision-making. In approving the rulemaking package, the CPPA did not make substantive changes to the version of its draft regulations published in October 2022, indicating that any changes following from the more than 400 pages of public comment analysis could be advanced in future rulemaking activities.Continue Reading Almost There and Starting Again: CPPA Votes To Finalize Regulations and Launches Round Two

As it did last year, the California Attorney General’s Office recognized Data Privacy Day by announcing its latest investigative sweep under the California Consumer Privacy Act (CCPA). This time, the Attorney General focused on companies that operate mobile apps allegedly without offering CCPA-compliant opt-out mechanisms.Continue Reading California Attorney General Targets Popular Mobile Apps in CCPA Enforcement Sweep

Last week, the period for comments closed on the California Privacy Protection Agency’s (CPPA) latest version of the draft implementing regulations for the California Privacy Rights Act (CPRA) amendments to the California Consumer Privacy Act (CCPA) (Revised Regs). The Revised Regs were first released with modifications and an Explanation of Modified Text of Proposed Regulations at the end of October. Shortly thereafter, the CPPA released the current version of the Revised Regs, which, compared to the initial draft regulations (Initial Draft Regs), include many substantive modifications to key compliance areas.Continue Reading One Step Closer: California Privacy Protection Agency Reviews Comments for CCPA Regulations

On Friday, January 28, the world celebrated its 16th Data Protection/Privacy Day. As the privacy community capped off a week of programming and gazed into the future of potential data privacy enforcement [1], the celebrations were quickly overshadowed by California Attorney General Rob Bonta, who announced that his office was targeting businesses operating loyalty programs for potential enforcement actions. According to Bonta, his office issued “notices to business[es] that operate loyalty programs and use personal information in violation of California’s data privacy law.” [2] Accordingly, it is expected that a plethora of businesses may soon receive notices of noncompliance. Once a business receives a notice of noncompliance, that business will have 30 days to cure or fix the alleged violation before an enforcement action is initiated. Enforcement actions may result in penalties of up to $7,500 per violation, which can quickly accrue to significant amounts.
Continue Reading Data Privacy Day Surprise Enforcement for Loyalty Programs

California’s proliferation of new privacy laws shows no sign of slowing. In September and October, California’s Governor Gavin Newsom signed multiple privacy bills into law, covering genetics, abortion rights, and updates to the California Privacy Rights Act (CPRA) in Assembly Bill 694 (AB 694), which among other things clarifies the timing of the California Privacy Protection Agency’s (CPPA) rulemaking responsibilities.
Continue Reading California’s Governor Newsom Signs New Privacy Law Clarifying Timeline for CPRA Regulations

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 June 25, 2021, the U.S. Supreme Court in TransUnion LLC v. Ramirez (No. 20-297, slip op.) clarified that for standing purposes in federal courts, an important difference exists between (i) a plaintiff’s statutory cause of action to sue over a violation of law, and (ii) a plaintiff suffering concrete harm because of the violation of law. The Court stated that “an injury in law is not an injury in fact” and held that only those plaintiffs who suffer a “concrete injury” apart from the violation of law alone have standing to sue. This case involved TransUnion’s alleged inaccurate reporting of class members as potential threats to America’s national security. Only a subset of the class, however, was the subject of these incorrect reports provided to third parties, and the Court acknowledged only these individuals as having standing to sue.
Continue Reading Recent Federal Court Decisions Creating Uncertainty Around CCPA Standing