While the fate of the American Data Privacy Protection Act remains in legislative limbo, federal agencies, states, and Congress have signaled their commitment for greater children’s online privacy protections. On August 30, 2022, California officially passed the California Age-Appropriate Design Code Act (“CAADC”), being signed into law by Governor Gavin Newsome on September 15, 2022). The CA AADCA is modeled after the UK’s Age-Appropriate Design Code.
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It’s becoming standard for trade groups that oppose privacy legislation to claim that strict scrutiny applies to privacy statutes, and therefore, those laws presumptively violate corporations’ free speech rights. Lawyers have offered this argument in cases challenging the Illinois Biometric Information Privacy Act and in statements against California’s Age-Appropriate Design Code, among other examples. This argument has not been a winning one. A Maine court went so far as to call it a “shoot for the moon” claim. But is the argument legally sound? The evidence suggests not.
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It's been a while since our last adtech update, and the industry is still uncertain (and CPRA hasn’t even come into effect yet!). So let’s dive into the big privacy adtech news, starting with the most recent news.
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California privacy never sleeps. On September 20, 2022 Governor Gavin Newsome signed into law AB-2273, “The California Age-Appropriate Design Code Act” (“the Act”). Modeled after the United Kingdom’s Age-Appropriate Design Code, the Act is intended to modernize online protections for children 17 and under by requiring a business, as defined under the California Consumer Privacy Act (CCPA), that provides an online service, product, or feature likely to be accessed by children to comply with numerous provisions.
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California Attorney General Rob Bonta (“AG Bonta”) and the Office of the Attorney General (“OAG”) have been active in protecting the privacy rights of Californians and making sure businesses comply with their obligations under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA”). On August 24, 2022, the OAG issued a press release (“Press Release”) and concurrently released a YouTube video of AG Bonta, regarding a CCPA enforcement action settlement with Sephora, Inc. (“Sephora”) over allegations that Sephora the CCPA.
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By Natalie Marcell, CIPP/US The California legislature did not pass a bill to extend the California Consumer Privacy Act’s (CCPA) Human Resources (HR) and Business-to-Business (B2B) exemptions, and therefore both exemptions are set to expire on January 1, 2023. HR and B2B exemptions have been in effect since the CCPA first became enforceable on July 1, 2020. The original expiration date for the exemptions was January 1, 2021, but the sunset date was moved out twice: first by the legislature…
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The California Privacy Protection Agency Applauds Speaker Pelosi for her Statement on Federal Privacy Legislation
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On Thursday, November 3, 2022, the California Privacy Protection Agency (CPPA) noticed modifications (and additional documents and other information relied upon) to the text of the proposed regulations, triggering a 15-day comment period that closes on Monday, November 21, 2022, at 8am.
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On October 27, 2022, the Global Privacy Assembly (GPA) held its 44th Annual Global Privacy Assembly in Istanbul, Turkey, where the GPA admitted the CPPA as a full voting member. The GPA is a global forum, comprised of over 130 data protection and privacy authorities, that aims to help advance privacy efforts across the world.
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It’s been a busy few months in California privacy, to say the least! This jam-packed edition of our e-News will bring you current on new developments and get you excited for the year ahead, which promises to be a busy one.
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