COVID-19 Will Not Delay Enforcement of the CCPA Act
202005.12
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COVID-19 Will Not Delay Enforcement of the CCPA Act

California’s Attorney General, Xavier Becerra (the AG), has no plans to delay enforcement of the California Consumer Protection Act (CCPA or the Act) during the COVID-19 public health emergency. Although the CCPA went into effect on January 1, 2020, the statute does not authorize enforcement of the Act to begin until July 1, 2020, or…

Pandemic Privacy: COVID-19 Consumer Data Protection Act to be Introduced in Congress
202005.05
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Pandemic Privacy: COVID-19 Consumer Data Protection Act to be Introduced in Congress

On April 30, 2020, Senator Roger Wicker (R-Miss.), chairman of the U.S. Senate Committee on Commerce, Science, and Transportation announced his plan to introduce the “COVID-19 Consumer Data Protection Act.” The bill, which is co-sponsored by three Republican Senators—Senator John Thune (R-S.D.), Senator Jerry Moran (R-Kan.), and Senator Marsha Blackburn (R-Tenn.)—aims to protect consumer geolocation…

The Fight Against Data Scraping: Why LinkedIn’s Appeal to the Supreme Court Should Matter to Anyone Who Uses Social Media
202001.31
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The Fight Against Data Scraping: Why LinkedIn’s Appeal to the Supreme Court Should Matter to Anyone Who Uses Social Media

LinkedIn is challenging the U.S. Court of Appeals for the Ninth Circuit’s September ruling that the data aggregation and analytics company, hiQ Labs, Inc., can “scrape” personal data of users from LinkedIn’s platform, analyze the data, and sell its findings to employers.  Earlier this month, the Supreme Court granted an extension for LinkedIn to submit…

201910.25
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Laura Clark Fey Presented on Data Breach Risk Prevention

Laura Clark Fey presented Lessons Learned from Recent Data Breaches & Ten Critical Steps to Reduce Your Organization’s Risk of Becoming the Next Data Breach Victim at the Association of Corporate Counsels, Mid-America Chapter, on October 9, 2019, at Omaha, Nebraska. Huge data breaches continue to make headlines. Billions of personal data records have been…

California AG Releases Proposed CCPA Regulations: Here’s What You Should Know
201910.11
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California AG Releases Proposed CCPA Regulations: Here’s What You Should Know

On October 10, the California Attorney General released the long-awaited proposed regulations (“CCPA Regulations” or “Regulations”) for the California Consumer Privacy Act (“CCPA”).  As noted in the press release announcing the CCPA Regulations, the Regulations are intended to operationalize the CCPA, provide additional guidance to consumers and businesses subject to the CCPA, and address some…

Client Alert: Compliance Dates for New State Privacy and Security Laws Quickly Approaching
201907.30
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Client Alert: Compliance Dates for New State Privacy and Security Laws Quickly Approaching

In the past two years, a flurry of states have enacted laws and amendments to laws governing businesses’ collection, use, sharing, and protection of consumers’ personal information, including the SHIELD Act (SHIELD Act or Act) in New York, amendments to Nevada’s Security and Privacy of Personal Information Law, and the California Consumer Protection Act (CCPA). …

FTC Settles with Four Companies Falsely Claiming Current Participation in EU-U.S. Privacy Shield
201811.19
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FTC Settles with Four Companies Falsely Claiming Current Participation in EU-U.S. Privacy Shield

In September of 2018, the Federal Trade Commission filed complaints against four companies for falsely claiming to be certified under the EU-U.S. Privacy Shield, alleging such acts constituted deceptive acts or practices violating Section 5(a) of the Federal Trade Commission Act.  One company claimed on its website that it “complies with the EU-U.S. Privacy [S]hield framework”…

201811.08
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UK Information Commissioner’s Office Enforces GDPR Against Non-European Entity

The question of whether European data protection authorities will, in fact, seek to enforce the General Data Protection Regulation (GDPR) on non-European entities has been answered.  The UK Information Commissioner’s Office (ICO) issued an enforcement notice (Notice) against a Canadian corporation with no EU operations, AggregateIQ Data Services Limited (AIQ). Canadian Company had Ties to…