With the Illinois Supreme Court’s recent decision in Rosenbach v. Six Flags Entertainment Corp., the floodgates have opened for class actions in Illinois against businesses that collect biometric information from employees or customers. In Rosenbach, the Illinois Supreme Court decided that alleged procedural violations of Illinois’s Biometric Information Privacy Act (“BIPA”) are enough,
Last week, five advertising and marketing trade associations jointly filed comments with the California Attorney General seeking clarification on provisions within the California Consumer Privacy Act (CCPA).
While expressing “strong support” for the CCPA’s intent, and noting the online ad industry’s longstanding consumer privacy efforts like the DAA’s YourAdChoices Program, the group proposed the
In the Data Business? You May Be Obligated to Register in Vermont by Thursday
Data brokers have until this Thursday to register with the Vermont Secretary of State as part of a new data broker oversight law that became effective January 1st.
Approved unanimously by the Vermont Senate last May, the Vermont Data Broker Regulation, Act 171 of 2018, requires data brokers to register annually, pay an annual filing fee of $100, and maintain minimum data security standards, but the law does not prevent data brokers from collecting or selling consumer data.
What Qualifies as a “Data Broker”?
The law only applies to “data broker[s],” defined as a “business, or unit or units of a business, separately or together, that knowingly collects and sells or licenses to third parties the brokered personal information of a consumer with whom the business does not have a direct relationship.”
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As we noted previously, the California Attorney General is holding a series of public forums on the California Consumer Privacy Act (CCPA) to provide the public with an initial opportunity to comment on CCPA requirements and the corresponding regulations that the Attorney General must adopt on or before July 1, 2020. On Friday, January 25, 2019, the Attorney General’s Office held its fourth of six hearings before a full auditorium in Los Angeles. This blog post summarizes the main themes discussed at the hearing.
Timing/Scope: For businesses hoping for CCPA clarity and guidance soon, that seems unlikely. California Deputy Attorney General Lisa Kim initiated the hearing, emphasizing that the Attorney General’s Office was in the beginning of its rulemaking process and noting that she anticipated the formal review process not to start until Fall 2019. For now, the Attorney General’s Office encouraged interested parties to submit comments by the end of February, focusing on subjects within the scope of the Attorney General’s rulemaking responsibilities, as set forth in the CCPA, including:
During the hearing, the Attorney General’s Office displayed this PowerPoint deck, summarizing the CCPA regulatory process.
Main Themes
On Monday, France’s Data Protection Agency announced that it levied a €50 million ($56.8 million) fine against Google for violating the EU’s new General Data Protection Regulation (GDPR). The precedent-setting fine by the Commission Nationale de l’Informatique et des Libertés (“CNIL”) is the highest yet imposed since the new law took effect in May 2018.
How Does Google Violate GDPR, According to CNIL?
What Does This Mean for Other Companies?
On January 10, 2019, Massachusetts Governor Charlie Baker signed into law the Massachusetts’s Data Breach Notification Act, which amends Massachusetts data breach reporting laws. The new law, available here, amends the timing and content of individual and regulator data breach notifications, and provides for credit monitoring services when social security numbers may have been
43 State Attorneys General and the District of Columbia announced yesterday a settlement with Neiman Marcus Group LLC resolving the states’ investigation into the company’s 2013 data breach and its security practices. Over a three-month period in 2013, a breach of the Dallas-based retailer exposed customer credit card data at 77 Neiman Marcus stores nationwide.
California Attorney General Xavier Becerra announced yesterday that the California Department of Justice will hold a series of six public forums on the California Consumer Privacy Act (CCPA). The hearings will take place during January and February of this year and will give the public an initial opportunity to comment on the requirements set forth
Yesterday, Christine Wilson was sworn in as FTC Commissioner. Commissioner Wilson – the fifth and final Trump appointee – joins the FTC from Delta Airlines and assumes former Commissioner Maureen Ohlhausen’s seat. Commissioner Ohlhausen announced her departure on Tuesday – the day her term ended, concluding over six years of service as Commissioner, including a
In June of this year, California passed the California Consumer Privacy Act (CCPA) giving California residents specific rights related to their online privacy, similar to those proscribed by GDPR. The law was passed hastily to avoid a stricter ballot measure on the subject, but Governor Brown recently signed a bill amending the law.
Many
