Regulatory Enforcement

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

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