Following up on announcements of sweeps from late January, last week California Attorney General Rob Bonta announced a settlement with the popular food delivery service DoorDash related to allegations that DoorDash breached the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA). The announcement doubles down on the Attorney General’s reiteration that privacy will continue to be priority for his office, while the new California Privacy Protection Agency (CPPA) is getting up to speed.Continue Reading DoorDash and California Attorney General Reach Settlement Over Privacy Allegations
On February 9, 2024, a California state court of appeal unanimously vacated a lower court ruling, green-lighting the California Privacy Protection Agency’s authority to commence enforcement of the Agency’s first set of regulations. Until now, the Agency’s authority to enforce regulations it has promulgated under the California Consumer Privacy Act (“CCPA”) has been delayed. The Agency had been poised to begin enforcing its latest batch of completed privacy regulations on July 1, 2023, but a trial court’s ruling put this work on hold until March 29, 2024. That hold has now evaporated, and so the Agency can commence enforcement activities with immediate effect. The decision also impacts future Agency rulemaking such as the Agency’s draft regulations on cybersecurity audits, privacy impact assessments, and automated decision-making, which will no longer be subject to the 12-month stay of enforcement.Continue Reading California Court of Appeal Restores CPPA Authority to Enforce Privacy Regulations
Decisions, decisions. We are deluged by decisions. What present should I buy? Is the small cheese plate enough for my party guests, or should I go with the large? How much of my bonus should I set aside for retirement this year, or should I up my charitable giving?
Wouldn’t it be nice if we could all get a little technological assistance in making choices this holiday season?Continue Reading Jingle All the Algorithms: Automated Decisionmaking Amidst a Blizzard of State Privacy Laws
On November 13, 2023, New York Governor Kathy Hochul announced the release of proposed statewide hospital cybersecurity regulations that would require state-licensed hospitals to establish cybersecurity programs, policies and procedures (the “Proposed Regulations”). The Proposed Regulations feature requirements regarding cybersecurity policies and procedures, personnel, user authentication methods, security risk assessments, incident response plans, and two-hour…
At its Sept. 8 board meeting, the California Privacy Protection Agency reviewed draft regulations addressing cybersecurity audits and risk assessments. If adopted, the proposed regulations would require many businesses already subject to the California Consumer Privacy Act to conduct new, independent audits of their cybersecurity programs. The proposed regulations would also impose broad rules…
Last week, Delaware Governor John Carney signed into law the Delaware Personal Data Privacy Act (“DPDPA”), the state’s new consumer privacy law that will become effective January 1, 2025. The First State is now the 12th state to fully enact a comprehensive consumer data privacy law, joining California, Colorado, Connecticut, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia. Our previous posts on laws in those states can be found here. Though the DPDPA generally tracks consumer privacy laws in other states—particularly those in Colorado, Connecticut, and Oregon—it does contain nuances that organizations should note, particularly a lack of general exclusions for nonprofits and higher education institutions as well as a lower threshold for applicability.Continue Reading Delaware Becomes Twelfth State to Pass Consumer Privacy Law
With the onslaught of state privacy laws passed earlier this spring and summer, the Texas Data Privacy and Security Act (the “TDPSA”) signed into law on June 18, 2023, may not have received its due. Although largely following the template set in other states, the Texas law is unique among the non-California comprehensive privacy laws in tying its scoping criteria to the size of a business rather than to a threshold number of data subjects whose information a business processes annually—typically 100,000 state residents. The company must also (1) conduct business in Texas or produce a product or service consumed in the state and (2) process or “sell” personal data (more on the definition of “sell” below, which would include many disclosures made through online advertising). As a result, many mid-market businesses that process smaller amounts of data (falling under the 100,000-resident threshold applicable in many states) could still be required to comply.Continue Reading Texas Data Privacy and Security Act Could Impact More Businesses
Just before the July 4th holiday, the California Superior Court in Sacramento gave businesses struggling to comply with the California Privacy Rights Act (“CPRA”) a small gift by delaying enforcement of the CPRA’s regulations until March of 2024 at the earliest. While helpful in some respects, discussed below, the ruling does not expressly prohibit the California Privacy Protection Agency (“Agency”) from enforcing the underlying text of the CPRA where implementing regulations are not required. Ashkan Soltani, the executive director of the Agency, has been quoted as stating that “significant portions” of the law can still be enforced immediately.
In short, businesses should not assume the Agency will remain idle. CPRA compliance remains a priority, though the Agency has indicated that enforcement is likely to proceed slowly at first—given staffing shortages at the Agency—with an initial emphasis on voluntary compliance. Further clarity on the Agency’s enforcement plans may be forthcoming on July 14, when the Agency is scheduled to hold a board meeting featuring Michael Macko, the Agency’s Deputy Director of Enforcement, who will provide an update on the Agency’s enforcement priorities.Continue Reading Enforcement of CPRA Regulations Delayed, but CPRA Compliance Still a Priority
On May 25, 2023 Gov. Ron DeSantis signed into law an amendment (Amendment) to the Florida Telephone Solicitation Act (FTSA), clarifying ambiguities and corralling what has been a runaway gust of telemarketing litigation since the passage of the FTSA almost two years ago. Under the FTSA, an individual could bring suit against a telemarketer for using an automated telephone dialing system (ATDS) that simply selected phone numbers or dialed telephone numbers to place calls or send messages without prior consent. In other words, even if the caller dialed the phone number manually, the call would still be subject to the FTSA if the number was automatically selected using software. This Amendment clarifies that suit can be brought only if the ATDS both selects and dials the phone number. While still not specifically defining what constitutes an ATDS, this two-part test should stem the flow of FTSA litigation by greatly narrowing the present standard.Continue Reading Sunshine State Clarifies Telemarketing Regulation, Quieting Storm of Litigation Blown In by Florida Telephone Solicitation Act
On April 27, 2023, Washington Governor Jay Inslee signed into law the “My Health My Data Act,” (the “Act”), beginning the 11-month countdown until this new, broad privacy law takes effect. The Act distinguishes itself from other recent state privacy law legislation in that it is specifically health care focused—aiming to protect health data that…