Archives: Data Privacy

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Massachusetts Ballot Question 1 Still on the Forefront as Automakers Sue to Block its Implementation

A group of automakers through the Alliance for Automotive Innovation is suing Massachusetts in federal court to block the new ‘Right to Repair’ law that passed on November 3rd. This law was known as “Question 1” to Massachusetts residents hitting the polls earlier this month.  As we discussed in our prior blog post, the new … Continue Reading

Is Your Business Collecting COVID-19-Related Employee Data? If So, You May Need to Update Your CCPA Employee Notice

The California Consumer Privacy Act (CCPA) requires businesses covered by the CCPA to notify their employees of the categories of personal information the business collects about employees and the purposes for which the categories of personal information are used. The categories of personal information are broadly defined in the CCPA and include personal information such … Continue Reading

California’s Consumer Privacy Rights Act (CPRA): Key Effective Dates and the Creation of the California Privacy Protection Agency

With the passage of the ballot initiative known as the Consumer Privacy Rights Act (CPRA or Act) in California, we are presenting several blog articles on different topics related to this new law. Last week, we wrote about the newly-added definition of sensitive information. This week we will focus on some key effective dates in … Continue Reading

New Canadian Privacy Legislation on the Horizon

This week, the Canadian government proposed new legislation in Bill C-11, or the Digital Charter Implementation (the ACT), which includes some hefty fines for companies for violations – up to 5 percent of their revenue or C$25 million, whichever is higher. The Act would increase protections for Canadians’ personal information by giving citizens more control … Continue Reading

The Effect of a Biden-Harris Presidency on Privacy in the U.S.

How will a Biden-Harris presidency affect the U.S. privacy landscape? Let’s take a look. Federal Privacy Legislation On both sides of the political aisle there have been draft proposals in the last 18 months on federal privacy legislation. In September, movement actually happened on federal privacy legislation with the U.S. Setting an American Framework to … Continue Reading

Sensitive Personal Information – What Is It and What Does It Mean for California Privacy Rights Act Compliance?

The California Privacy Rights Act (CPRA) expands the definition of personal information as it currently exists in the California Consumer Privacy Act (CCPA). The CPRA adds “sensitive personal information” as a defined term, which means: (l) personal information that reveals: (A) a consumer’s social security, driver’s license, state identification card, or passport number; (B) a … Continue Reading

California’s Proposition 24 – CCPA 2.0 Meets the California GDPR

Proposition 24 is known as the California Privacy Rights Act of 2020 (CPRA). It is on the ballot in California on November 3, and if it passes it will amend and expand certain provisions of the California Consumer Privacy Act (CCPA). Some say it’s CCPA 2.0, however, there are some provisions that make the CPRA … Continue Reading

Health Care Entities Continue to Get Hit by Ransomware: Universal Health Services Estimated to be Largest One in 2020

Health care entities continue to face a barrage of attacks from cyber criminals, and it is widely reported that the health care industry is getting hit more frequently than any other industry. Ransomware is the name of the game for these attackers in all industries, including health care. Unfortunately, what is being touted as one … Continue Reading

CCPA Amendments Signed by Governor Newsom

Recently we wrote about two amendments to the California Consumer Privacy Act of 2018 (CCPA) that were awaiting signature on Governor Newsom’s desk: AB 1281, which extends the one-year exemptions for employee information and business to business information for another year until January 1, 2022; and AB 713, which provides an exemption from the CCPA … Continue Reading

California Bill Extends CCPA Exemptions for Personal Information Collected by Employers and Businesses

The California Consumer Privacy Act of 2018 (CCPA) currently exempts from its provisions certain information collected by a business about a natural person in the course of the person acting as a job applicant, employee, owner, director, officer, medical staff member, or contractor of a business. This exemption is set to expire on December 31, … Continue Reading

Mid-Year Report on CCPA Trends

DataGrail recently released a mid-year report on trends related to the California Consumer Privacy Act (CCPA) and how it has affected consumers and businesses. The report indicates that consumers are regularly opting out of the sale of their personal information, with the “do not sell” right being the most exercised right, occurring 48 percent of … Continue Reading

HIPAA Business Associate Pays $2.3 Million Settlement After Hackers Target PHI of Over 6 Million Individuals

Health care providers and contractors continue to be a popular target for hackers. Recently, CHSPSC LLC (CHSPSC), which provides various services to hospitals and clinics indirectly owned by Community Health Systems, Inc. of Tennessee, agreed to pay $2,300,000 to the Office for Civil Rights (OCR) in settlement of potential violations of HIPAA’s Privacy and Security … Continue Reading

OCR Settles Five Investigations Under “Right of Access” Initiative

The Office for Civil Rights (OCR) announced yesterday that it has settled five investigations in its HIPAA “Rights to Access” Initiative (Initiative), which OCR had stated would be an enforcement priority for it starting in 2019. The Initiative is “to support individuals’ right to timely access to their health records at a reasonable cost under … Continue Reading

New California Privacy Rights Act on the 2020 Ballot

The California Privacy Rights Act (CPRA) recently qualified for the November 2020 ballot, and if California voters approve this initiative, the CPRA will expand the rights of California residents under the current (stringent) California Consumer Privacy Act (CCPA), beginning on January 1, 2023. So what will change under the CPRA? Creation of the California Privacy … Continue Reading

Is this City Monitoring Me?

In Coral Gables, Florida, a judge refused to dismiss a lawsuit over the city’s use of automated license plate readers to scan license plates. This technology has faced a number of lawsuits over concerns about the collection and storage of data. The Coral Gables lawsuit stemmed from a Miami suburb resident who filed a request … Continue Reading

CCPA Enforcement Looms

We have previously alerted our readers about the California Consumer Privacy Act (CCPA), which went into effect on January 1, 2020. CCPA is one of the strictest consumer privacy laws in the U.S. and is broadly applicable [view related posts]. Although CCPA went into effect on January 1, 2020, enforcement by the California Attorney General … Continue Reading

AGs Express Concerns About Contact Tracing Apps and Protection of Consumer Personal Information

As many states continue to reopen businesses and permit more gatherings, public health officials are looking to contact tracing as a key strategy for preventing further spread of COVID-19.  In contact tracing, public health staff work with patients who have suspected or confirmed COVID-19 infection to help them recall everyone with whom they had close … Continue Reading

CCPA Final Proposed Regulations Filed

The California Attorney General submitted the final proposed California Consumer Privacy Act (CCPA) regulations on June 1, 2020 to the California Office of Administrative Law (OAL) for review. According to the Attorney General’s submission, OAL has thirty working days to review the regulations, plus an additional sixty calendar days under the Governor’s Executive Order N-40-20 … Continue Reading

CCPA 2.0 May Be Heading for the November Ballot in California

The consumer group Californians for Consumer Privacy announced on May 4, 2020, that it was submitting well over 900,000 signatures to qualify the California Privacy Rights Act (CPRA) for the November 2020 ballot. This new ballot initiative, which can be reviewed here, creates some additional consumer privacy rights and expands some areas already included in … Continue Reading

Working from Home During the Pandemic? Turn Alexa and Siri Off!

The transition from work-from-the-office to work-from-home has been rapid during the pandemic. All of a sudden, millions of workers are working from home, while data security personnel were not able to plan and operationalize the transition in an optimal way. Many security measures are being put in place now as everyone settles into the new … Continue Reading
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