In 2006 the Committee of Ministers of the Council of Europe designated each Jan. 28 as Data Protection Day, known outside of Europe as Data Privacy Day. It marks the day in 1981 that Convention 108 of the Council of Europe became open for signature.
Posts published in “Data Privacy and Security”
On Jan. 11 Washington State Sen. Reuven Carlyle introduced SB 5062, the Washington Privacy Act (WPA). Its predecessors, SB 6281 and SB 5376, failed to pass in 2020 and 2019, respectively.
On the heels of the EU’s General Data Protection Regulation (GDPR) going into effect in 2018, and passage of the California Consumer Privacy Act of 2018 (CCPA), 2019 proved to be a banner year for introduction of state consumer data privacy legislation.
On Dec. 10, the California Office of the Attorney General issued its Fourth Set of Proposed Modifications to the California Consumer Privacy Act regulations. The changes affect only two subsections relating to the sale of personal information.
The Consumer Financial Protection Bureau released its Advance Notice of Proposed Rulemaking (ANPR) on Oct. 22, seeking comment on 46 questions in nine categories surrounding consumer access to financial information under section 1033 of the 2010 Dodd-Frank Act (12 U.S.C. § 5533).
The California Office of the Attorney General issued a Notice of Third Set of Proposed Modifications to its regulations relating to the California Consumer Privacy Act on Oct. 12. Written comments will be accepted until 5 pm on Oct. 28, 2020.
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.
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).
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.
On June 1, the Office of the California Attorney General filed its proposed Final Text of Regulations relating to the California Consumer Privacy Act (CCPA) with the California Office of Administrative Law.
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.
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.