California Consumer Privacy Act

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The California Attorney General’s office (OAG) recently released its first formal written opinion on the scope of the rights granted to consumers under the California Consumer Privacy Act (CCPA), specifically, the right for a consumer to know about the personal information that a business collects from them. The opinion comes in response to a question submitted by California Assembly member Kevin Kiley as to whether a consumer’s right to know the specific pieces of personal information that a business has collected about that consumer applies to internally generated inferences the business holds about them. The OAG asserted that the right to know does apply to such inferences, albeit with certain key exceptions.
Continue Reading California Attorney General’s Office Releases First Formal CCPA Opinion

As 2021 comes to a close, it is a great time to take stock of the present state of affairs with respect to U.S. privacy laws. With the relatively recent passage of comprehensive privacy laws in California, and additional countries adopting laws that closely follow the principles of the EU’s General Data Protection Regulation (GDPR), along with increasing public concerns regarding how companies manage customers’ personal data, legal practitioners entered 2021 with high hopes that comprehensive federal privacy legislation may finally be on the horizon. Nevertheless, in a trend that is likely to continue in the year ahead, it was the states rather than federal legislatures that successfully added to the ranks of privacy laws with which businesses will soon need to comply.
Continue Reading Momentum Builds for State Privacy Laws but the Possibility of a Federal Law Remains Remote

BillBuilding on the momentum of the California Consumer Privacy Act (“CCPA”),  California Privacy Rights Act (“CPRA”), and the Virginia Consumer Data Protection Act (“CDPA”), and the consideration of similar laws in states like Washington and New York, Minnesota’s legislature is debating HF 36, introduced on January 7, 2021, and HF 1492, introduced on February 22, 2021. Significantly, HF 36 grants consumers a private right of action for any violation of its provisions—something that was considered but not ultimately included in the CCPA, which provides for a private right of action only in the event of a data breach.  In contrast, HF 1492 joins Virginia’s CDPA by relying on regulatory enforcement and generally pursuing  an approach that is closer to Europe’s General Data Protection Regulation (“GDPR”). If passed, HF 36 would take effect on June 30, 2022, and HF 1492, also known as the Minnesota Consumer Data Privacy Act (“MCDPA”) on July 31, 2022.
Continue Reading Minnesota Debates New Privacy Bills

BillFlorida joined the fray of state legislatures vying to become the third state to enact comprehensive data privacy legislation following the passage of Virginia’s Consumer Data Protection Act (“CDPA”). Introduced in February with the support of Governor DeSantis, House Bill 969 (“HB 969”) shared many similarities with the California Consumer Privacy Act (“CCPA”), including a private right of action. At the same time, the previously identical Senate Bill 1734 (“SB 1734”) was recently amended to limit the scope of the law and remove the private right of action.  As with some many other state laws, the Florida bills have died for the present legislative session due to the breakdown over the private cause of action. 
Continue Reading Florida House and Senate Privacy Legislation Fails to Pass