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Posts published in “Data Privacy and Security”

California Enacts HIPAA-Conforming Amendments to CCPA; Extends B2B and Employment Exemptions  

Assembly Bill 713 was approved by California Gov. Gavin Newsom on Sept. 25, 2020, at which time its provisions went into effect.  The legislation amends the California Consumer Privacy Act (CCPA) in part by addressing certain issues related to de-identified patient information.

11th Cir. Holds Obtaining Consumer Report for Verification and Eligibility Is a Permissible Purpose

In a case of first impression for the U.S. Court of Appeals for the Eleventh Circuit, the Court joined the Sixth Circuit in holding that obtaining a consumer report to verify a consumer’s identity and eligibility for a service is a “legitimate business need” and therefore a “permissible purpose” under the Fair Credit Reporting Act (FCRA).

Calif. App. Court (4th Dist) Rejects Jurisdictional Challenge in Website Accessibility Case

In an action challenging the accessibility of a website to blind and visually impaired people, the Court of Appeals of the State of California, Fourth Appellate District, recently held that a California court may exercise specific jurisdiction over a Georgia LLC where the LLC purposefully availed itself of the privilege of conducting business in California by sending catalogs and selling over $300,000 worth of goods to California residents.

7th Cir. Holds Putative Class Plaintiff Had Standing On ‘Private’ Rights Claim, But Not ‘Public’ Rights Claim

The U.S. Court of Appeals for the Seventh Circuit recently reversed a trial court’s order remanding a plaintiff’s claims under the Illinois Biometric Information Privacy Act (BIPA) back to state court for lack of subject-matter jurisdiction because she lacked standing under Article III.

9th Cir. Rejects Spokeo ‘Standing’ Objection to Nationwide Privacy Class Settlement

The U.S. Court of Appeals for the Ninth Circuit recently held that the trial court had Article III jurisdiction and did not abuse its discretion in approving a settlement between a social media company and a nationwide class of its users who alleged that the social media company routinely scanned and collected their private information without their consent.

‘Consumer Data Privacy Act’ Introduced in Mississippi With Expansive Coverage

Legislators in Mississippi recently introduced SB 2548. the "Mississippi Consumer Data Privacy Act." The bill contains provisions similar to the California Consumer Privacy Act but goes further than the CCPA with a lower annual gross revenue threshold, applying to any for-profit business, or any entity that controls or is controlled by such a business, that does business in Mississippi.