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As companies hustle to follow the new California Privacy Rights Act (CPRA) regulations, they’ve hit a substantial hiccup: there aren’t any yet. The California Privacy Rights Agency (CPPA), the newly-created body with administrative authority over the CPRA’s implementation, has yet to release its finalized regulations. The CPRA takes effect on January 1, 2023, and covered…

California law will soon require businesses to treat their employees and business partners as consumers under the California Consumer Privacy Act (CCPA). The CCPA and its successor legislation, the California Privacy Rights Act (CPRA), grant California consumers dignitary rights over their personal information collected and processed by commercial entities that do business in California. The…

We all know businesses collect our data. But did you know that businesses can draw inferences from those data to determine whether a consumer is married, or is a homeowner, or is a likely voter? Recently, the question arose whether those inferences constitute personal information under the California Consumer Privacy Act of 2018 (CCPA or…

The European Union’s General Data Protection Regulation (GDPR) first launched the concept of data minimization, which states that a data controller should limit the collection of personal information to what is directly relevant and necessary to accomplish a specified purpose. This seems like a simple concept: an entity should only collect personal information that is…

California Attorney General Rob Bonta is serious about compliance with the California Consumer Privacy Act (CCPA). So serious, that on January 28, 2022, also known as Data Privacy Day, he announced that his office was commencing an investigative “sweep” of “businesses operating loyalty programs in California” and sent notices of noncompliance to businesses requiring them…

This is the time of year for thought pieces reflecting on the past year or so to speculate on the hot topics for next year. I began to wonder about California Consumer Privacy Act (CCPA) enforcement actions over the past year as this was something that we speculated about not that long ago. The California…

This week, a proposed data breach class action against Dickey’s Barbecue Restaurants Inc.  was settled for $2.35 million in the U.S. District Court for the Northern District of Texas with approval of the settlement terms by Judge Ed Kinkeade. Dickey’s is a Dallas-based restaurant chain that allegedly failed to implement appropriate security measures to protect…

Blackbaud, which suffered a data breach of its customers’ data in a ransomware attack in 2020, in which it admitted paying the ransom in a double extortion attack [view related posts], is facing multiple class action cases following the attack. The cases have been consolidated in multi-district litigation and now comprise 29 cases.

The…

Ever since the enactment of the Illinois Biometric Information Privacy Act (BIPA), we have been watching the development of laws around the collection, use, disclosure and retention of biometric information. In general, BIPA and other biometric information privacy laws enacted since BIPA, require any company that is collecting biometric information, such as fingerprints, voice recognition,…