California Lawyers Association

Privacy Law Section

As a seasoned tech lawyer with a quarter-century of experience, including a significant tenure in Silicon Valley, Mark Webber has closely monitored the evolution of technology and privacy laws. His initial foray into this field coincided with the introduction of the UK Data Protection Act of 1998. This experience has provided him with a foundational understanding of technology and privacy, which has been essential in his subsequent work, especially with the burgeoning field of artificial intelligence (AI). Read more
In today’s globalized world, cross-border data transfers have become a routine aspect of virtually every business operation. However, organizations that do business internationally are likely to be subject to the General Data Protection Regulation (GDPR). As a result, the organizations must comply with certain requirements, which are laid out in Chapter V of the GDPR. Since the Court of Justice of the European Union (CJEU) issued Read more
California continues to lead the nation with new laws, regulations, enforcement actions, and court decisions relating to privacy compliance. These efforts have profoundly impacted the companies involved in the ad tech ecosystem. This article provides a high-level overview of the ad tech ecosystem, outlines some of the major California privacy developments in 2023 impacting the ad tech ecosystem, and concludes with practical steps companies in the ad tech ecosystem can take to reduce risk. Read more
When a multinational company sets out to design and implement a data privacy compliance program, they face several threshold decisions and preparatory tasks, including: Read more
Between Professor Lydia de le Torre’s roles as a Board Member of the California Privacy Protection Agency (CPPA), the Founder of Golden Data Law, and a law school professor teaching novel courses on artificial intelligence (A.I.), there is no doubt that Prof. de la Torre is one of California’s most influential privacy lawyers. Read more
VOLUME 1, 2024, PRIVACY LAW SECTION JOURNAL Written by Mike Hintze* Over the past several years, we’ve become accustomed to a rapid pace of change in the privacy law landscape— particularly at the U.S. state level. While there have been state privacy laws on the books for decades, the current era of seemingly weekly developments in state privacy law kicked off in 2018 with the adoption of the original California Consumer Privacy Act (CCPA). Since then, more than a dozen… Read more
While more U.S. states are introducing and enacting new privacy legislation, plaintiffs are increasingly turning to laws that have been on the books for 50 or more years to pursue individual and class action privacy litigation against companies using software vendors to analyze web traffic or ad tracking technology, such as Meta Platforms Inc.’s Pixel tracking tool. Read more
The past couple of years have seen significant technological advancements in artificial intelligence (“AI”) and legal developments applicable to organizations that develop and deploy (i.e., adopt and use) AI. This article outlines examples of developments related to privacy law and AI at the U.S. federal and California state level and examines at a high level some privacy issues that organizations should consider before developing or deploying generative AI (“GenAI”) tools, which are a subset of AI technologies that generate new content in response to a user instruction or prompt. Read more
We are thrilled to present to you a collection of commentary on today’s most timely and impactful privacy issues from top esteemed experts in our field. In this inaugural print publication of the California Lawyer Association’s Privacy Law Section, we ambitiously cover topics ranging from generative AI to consumer health data privacy to ad tech and privacy litigation trends. We have also included a comprehensive guide to building an international privacy compliance program, and an inspiring interview with Lydia F. de la Torre, one of the five members of the Board of the California Privacy Protection Agency (CPPA). Read more
It is my distinct pleasure to welcome you to the Privacy Law Section’s first Journal. When our Section was formed several years ago, we set out a list of accomplishments we hoped to achieve. You are holding in your hands the end result of one of our more ambitious goals, a print publication that facilitates dialogue and thought leadership in the emerging area of Privacy law. And yet, our first publication could not be more timely. Since the inception of our Section, approximately twelve states have enacted comprehensive privacy laws, the U.S. and the E.U. have agreed on a major new data transfer program, reproductive health data became evidence for prosecutions in several states, there has been increased awareness of the detrimental effects of social media on teen mental health, dramatic developments in artificial intelligence have reinvigorated concerns over systematized biases, and yes, there was a major pandemic that pushed the social and work lives of millions of people online, exposing our data to countless malefactors. Clearly the need for Privacy professionals is at an all-time high. Read more

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