Most modern state data privacy laws exempt from their definition of personal information “publicly available information.” What constitutes publicly available information differs between state privacy laws and may not correlate to the lay definition understood by many businesses and individuals. For example, while some businesses may consider information available on the internet “publicly available information…

As more children spend their time online exploring and learning, government bodies in the United States and internationally have enacted policies to ensure safer spaces, privacy, security, and protection for children online. The California Senate Judiciary Committee recently voted to advance two California bills to protect children’s online activities.

Closely modeled after the UK’s Children’s…

On July 8, 2022, the California Privacy Protection Agency (CPPA) issued proposed amendments to the California Consumer Privacy Act (CCPA) regulations to harmonize them with the California Privacy Rights Act of 2020 (CPRA), which will go into effect on Jan. 1, 2023. Individuals or companies have until Aug. 23, 2022, at 5 p.m. to submit…

The CCPA’s (California Consumer Privacy Act) exemption on human resources (HR) and business-to-business (B2B) personal information expires on January 1, 2023 when the CPRA takes effect. Unlike the other new state privacy laws effective in 2023, the CPRA will apply to personal information that a business collects from its employees, job applicants, independent contractors and…

Modern state privacy laws have attempted to carve out organizations that process de minimis amounts of personal information, or whose business activities do not monetize data. The specific thresholds used, however, differ between states. The following provides a comparison of the thresholds that each statute creates for organizations that are subject to regulatory compliance obligations:…

What types of documents, policies, procedures, and protocols should service providers consider putting in place to comply with the CCPA?

The written policies and procedures that service providers put into place to assist in their compliance with the CCPA differ depending upon several factors including the size of the service provider, the quantity of personal…

The California attorney general (AG) celebrated data privacy day by doing an “investigative sweep” of the loyalty programs of retailers, supermarkets, home improvement stores, travel companies, and food service companies, and sending out notices of non-compliance to businesses that the AG’s office believes might not be fully compliant with the CCPA. As the…

Hosted by the University of Colorado Law School, U.S. Data, Privacy, and Cybersecurity Practice Co-Chair David Zetoony will present on his new book, “The Desk Reference Companion to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA).” This reference guide collects over 500 of the most common questions concerning…