California Lawyers Association

Privacy Law Section

CLA’s Privacy Law Section summarizes important developments in California privacy and beyond.  Privacy Law Section Year-End Review By Jeewon Serrato We are excited to announce the six (6) new Executive Committee members who will be  joining the current Executive Committee to serve the CLA Privacy Law Section, 2021-2022.  The full list of the current members and new members is listed below.  The 2021-2022 term will begin after the CLA Annual Meeting.  I had he privilege of serving as Chair this… Read more
With the rise of the highly contagious Delta variant, employers across the United States are increasingly concerned with collecting and recording COVID-19 vaccination information from their employees. In the United States, vaccine information may be legally collected for several reasons, including where required pursuant to state law. Read more
On August 17, 2021, a criminal cyberattack hit T-Mobile and compromised the personal information held by the communications carrier of more than 50 million. Read more
On August 24, 2021, California Attorney General Rob Bonta (“AG”) issued guidance to healthcare facilities and providers to remind them of their existing and continuing obligations under state and federal health data privacy laws, including health data breach reporting requirements. The guidance came via a bulletin, which was sent to a variety of stakeholder organizations, including the California Hospital Association, the California Medical Association, and the California Dental Association (see here). The AG reminded healthcare providers that the California Department of Justice is committed to enforcing consumer protections and health privacy laws. Read more
August capped off a summer of activity by Congress and major technology companies to reform online privacy for individuals under 18, especially for teenagers, who currently lack protections guaranteed to children under 13. As members of Congress dug into the issue more deeply, major tech companies with large userbases of minors rolled out new protection for children and teenagers. Read more
The California Legislature recently unanimously passed SB 41, a bill that our committee has been following. As previously described here, SB 41 would require a direct-to-consumer genetic testing company (e.g., 23andme) to provide consumers with certain information on the company’s use of genetic data, as well as to obtain express consent for collecting and using such data. It also requires genetic testing companies to provide a way for consumers to revoke their consent, and to implement “reasonable security practices and procedures” to protect the genetic data. SB 41 now goes to Governor Newsom for his signature. Read more
We are excited to announce the six (6) new Executive Committee members who will be joining the current Executive Committee to serve the CLA Privacy Law Section, 2021-2022. The full list of the current members and new members is listed below. The 2021-2022 term will begin after the CLA Annual Meeting. I had he privilege of serving as Chair this past year and I know the Executive Committee, under Sheri Porath Rockwell’s leadership as Chair will continue to build on our inaugural year. Read more
Section 999.315, subsection a, of the CCPA provides that businesses are required to provide consumers with two or more methods for submitting opt-out requests (for example, Do Not Sell My PI link; toll free phone number; designated email address; in person form; mail in form; user-enabled global privacy controls, such as browser plug-ins or privacy settings; device settings; or a mechanism that communicates or signal’s the consumer’s opt out choice). Read more
In honor of the anniversary of its enforcement of CCPA, the OAG also announced a new Consumer Privacy Interactive Tool that allows consumers to draft notices to businesses that do not post an easy-to-find “Do Not Sell My Personal Information” link on their website. Read more
This July, California Office of the Attorney General (OAG) rolled out three major updates to its CCPA webpage to mark the one-year anniversary of the California Consumer Privacy Act (CCPA)’s July 1, 2020 statutory date of enforcement. First, OAG released a summary of sample enforcement actions to date, which provides helpful guidance about how the office is interpreting the statute. Read more

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