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CPRA Law + Tech Series: Session 2

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February 25, 2022 @ 12:00 pm 1:15 pm

Co-Hosted by: California Lawyers Association Privacy Law Section and the Future of Privacy Forum

Session 2: Sensitive Data: Health Conditions, Demographics, and Inferences

Join us on Friday, February 25th, from 12:00-1:15PM Pacific Time, for an exploration of what makes certain kinds of consumer data “sensitive” – and how to identify such data and think about new regulations that limit its collection and use.

This session will begin with a brief presentation on the definitions of “sensitive data” under existing legal regimes (CPRA, VCDPA, and CPA), with a specific discussion of the legal parameters of non-HIPAA and non-CMIA consumer health data.

As an example of sensitive data, we will explore real-world examples of how consumer health information is collected and used in different commercial settings, from a technical and business perspective, including:

  • Consumer services that directly collect and use high-risk or clearly sensitive data that is not covered by HIPAA or other sectoral privacy laws (for example, direct-to-consumer blood sample analysis);
  • Mobile app data involving fitness, wellness, or wearable device information (such as steps and heart rate) that may be considered sensitive or not, depending on the context and uses;
  • Information that may appear sensitive on its face, but may not be used for the purposes of inferring sensitive information (such as the URL of a website, name of an app, or search engine query in the context of providing basic functionality or services); as well as the opposite: information that may appear non-sensitive on its face (such as a person’s shopping habits) that may nonetheless, over time or in combination with other information, lead to sensitive inferences.

In this session, we’ll be joined by guest experts:

Robert D. Tookoian, Of Counsel, Fennemore Craig, PC
Kate Black, Partner, Hintze Law
Charlyn L. Ho, Partner, Perkins Coie

We are committed to accessibility! Virtual events are equipped with closed captioning. To request an in-person accommodation, send us a note at accessibility@calawyers.com or contact us at 916-516-1760 for assistance.

 

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