California Lawyers Association

Privacy Law Section

On June 8, the California Privacy Protection Agency (CPPA) voted to move forward with California Privacy Rights Act (CPRA) rulemaking. CPPA Chairperson Jennifer Urban will present during this webinar what the CPPA seeks to accomplish with this rulemaking and what we can expect to see in the proposed draft regulations. Chairperson Urban will also address the timeline for public comments, what types of comments the Board is seeking and describe the enforcement authority the CPPA and the California Office of the Attorney General will share once the CPRA becomes operative on January 1, 2023. Read more
2022 is a pivotal year for businesses when it comes to privacy compliance. Current business practices, many shaped by the CCPA, will need to change to account for the CPRA. Among other material changes, the laws require adjustments to how businesses treat ad tech data disclosures, the contracts they must enter into with third parties, and important limitations on activities that can be performed by service providers. Read more
Last month, U.S. District Judge Paul W. Grimm granted class certification to eight classes with claims against Marriott or Accenture LLP, a consulting company that worked with Marriott-owned Starwood Hotels and Resorts Inc. at the time of Marriott’s 2018 data breach. Read more
On 16 May 2022, the French data protection authority, the CNIL, published a new guidance in relation to the use of “cookie walls”, i.e. the practice of conditioning access to a service on the acceptance, by the website user / visitor, of the deployment of cookies or trackers on the user’s device (e.g. computer, smartphone, etc.). Read more
California-based Twitter was fined $150 million by the Federal Trade Commission (FTC) and Department of Justice (DOJ) for violating the FTC Act, a 2011 FTC Order, and the privacy principles under the EU-US and Swiss Privacy Shield Frameworks. Read more
On May 10, 2022, Georgetown Center on Privacy and Technology published American Dragnet: Data-Driven Deportation in the 21st Century, which details how Immigration and Customs Enforcement (ICE) weaved a surveillance dragnet that captured a wealth of data from an array of sources. Read more
On May 3, 2022, Politico published a leaked copy of the Supreme Court’s draft opinion in the abortion rights case of Dobbs v. Jackson Women’s Health Organization. In the draft opinion, lead author Justice Samuel Alito explicitly states, “We hold that Roe and Casey must be overruled” and that “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.” Read more
On May 2, 2022, Politico published a leaked initial draft of a majority decision in the Supreme Court’s pending case, Dobbs v. Jackson Women’s Health Organization; the draft concludes that the Court’s decisions in Roe v. Wade, 410 U.S. 113 (1973) and Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992) “must be overruled.” Read more
Virginia finalized the Virginia Consumer Data Protection Act (VDPA) last month when Gov. Glenn Younkin signed two bills amending the law ahead of its January 2023 effective date. This marks the end of the amendment process that began in November of last year when the state’s VDPA Working Group issued its final report on “best practices and recommendations.” Read more
As the United States continues without a comprehensive national privacy law, individual states continue to take it upon themselves to protect their respective citizens. On May 10, 2022, Connecticut became the fifth U.S. state to enact an omnibus privacy law: Senate Bill No. 6, An Act Concerning Personal Data Privacy and Online Monitoring (“CTPA”). Read more

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