California Has 48 Hours to Pass this Privacy Bill or Else

JRViejo · Dec 29, 2019

Forty million Californians will soon have sweeping digital-privacy rights stronger than any seen before in the U.S., posing a significant challenge to Big Tech and the data economy it helped create.

So long as state residents don’t mind shouldering much of the burden of exercising those rights, that is.
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Calif. vastly expands digital privacy. Will people use it? by Rachel Lerman.

Minimalist · Dec 30, 2019

What is the California Consumer Privacy Act (CCPA)?

The CCPA is considered to be one of the progressive and strictest data protection laws in the US' history, mirroring many of the protections provided to EU residents under the General Data Protection Regulation (GDPR). In essence, it aims to improve how much control data subjects have over their data and force companies to be more transparent in how data is processed.
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https://www.itpro.co.uk/security/privacy/354444/what-is-the-california-consumer-privacy-act-ccpa

JRViejo · Dec 30, 2019

Starting New Year’s Day, you may notice a small but momentous change to the websites you visit: a button or link, probably at the bottom of the page, reading “Do Not Sell My Personal Information.”

The change is one of many going into effect Jan. 1, 2020, thanks to a sweeping new data privacy law known as the California Consumer Privacy Act.
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The Big Change Coming to Just About Every Website on New Year’s Day by Aaron Mak.

guest · Dec 31, 2019

The Chaos of California's New Privacy Law Has Already Begun
December 30, 2019
https://gizmodo.com/the-chaos-of-californias-new-privacy-law-has-already-be-1840730477

California is becoming a monument to how much businesses surveil and abuse its residents, as apps and stores are scrambling to put up “Do Not Sell My Info” notices in compliance with the state’s hefty data privacy law.

Under the California Consumer Privacy Act, which goes into effect on Wednesday, January 1, 2020, businesses operating within the state will be forced to provide consumers an option to opt-out of having their data sold, to have their data deleted, and to see data collected about them. Consumers may sue businesses for up to $2,500 per violation if they don’t get it together in time—and up to $7,500 anytime they intentionally skirt the law.

“Most U.S. companies are far from CCPA ready,” Altaz Valani, director of research at the software security company Security Compass, told Gizmodo in an email.

Hilary Wandall, an executive at the privacy compliance company TrustArc, told Gizmodo that she expects companies to update their privacy policies and vendor contracts to get around the do-not-sell rule.
“The do-not-sell language is overly broad and no one agrees on the scope,” Wendell said. “This is resulting in inconsistent implementation that is likely to result in a lot of consumer confusion.”
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Reuters: 'Do Not Sell My Info': U.S. retailers rush to comply with California privacy law

U.S. retailers including Walmart Inc will add “Do Not Sell My Info” links to their websites and signage in stores starting Jan. 1, allowing California shoppers to understand for the first time what personal and other data the retailers collect, sources said.
There is also lack of clarity on what constitutes “sale” of information, retail lobbyists and attorneys advising retailers said.
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TheVerge: No one is ready for California’s new consumer privacy law

The California Consumer Privacy Act goes into effect January 1st, and it doesn’t look like anyone, even the state of California itself, is totally ready.

“If you thought the GDPR was bumpy, the CCPA is going to be a real roller coaster,” Reece Hirsch tells The Verge. Hirsch is co-head of Morgan Lewis’ privacy and cybersecurity practice and has been advising clients on how to adapt to the new law. “This is a complex set of new rules, which are still a work in progress.”
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guest · Jan 2, 2020

Here’s where California residents can stop companies selling their data
January 2, 2020
https://techcrunch.com/2020/01/02/california-privacy-opt-out-data/

California’s new privacy law is now in effect, allowing state residents to take better control of the data that’s collected on them — from social networks, banks, credit agencies and more.
There’s just one catch: the companies, many of which lobbied against the law, don’t make it easy.

[...] many companies have sprung up new privacy policies in preparation, as well as new data portals, which allow consumers access to their data and to opt-out of their data [...]
But good luck finding them. Most companies aren’t transparent about where their data portals are, often out of sight and buried in privacy policies, near-guaranteeing that nobody will find them.

Damian Finol created a running directory of company pages that allow California residents to opt-out of their data being sold and request their information. The directory is updated frequently, and so far includes banks, retail giants, airlines, car rental services, gaming giants and cell companies — to name a few.
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California Privacy Directory

A collection of links to request personal data for companies under the California Consumer Privacy Act (CCPA)
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ronjor · Jan 2, 2020

Thanks, California! Here’s a list of companies you can now tell to stop selling your data

By Arianne Cohen 01-02-20
Pro advice: wait a year. California is expected to begin enforcement in earnest this summer, giving companies time to work out the kinks, which are substantial. In the meantime, controlling your data is the Wild West.
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ronjor · Jan 2, 2020

California's new privacy law puts you first. Too bad companies are ignoring it

Alfred Ng January 2, 2020
Days without a CCPA violation: 0.
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ronjor · Jan 3, 2020

I helped draft California’s new privacy law. Here’s why it doesn’t go far enough

By Mary Stone Ross 01-03-2020
The California Consumer Privacy Act is the strictest privacy law in the country. But it is largely toothless and under threat by corporate lobbyists.
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guest · Jan 29, 2020

Are Companies Adhering to CCPA Requirements?
Some Are Not Giving Customers Option to Opt Out of Data Sale, Legal Experts Say
January 28, 2020
https://www.databreachtoday.com/are-companies-adhering-to-ccpa-requirements-a-13653

Many companies that should be offering customers the ability to "opt out" of the sale of their information under the California Consumer Privacy Act are failing to do so because of the law's ambiguities, some legal experts say. CCPA went into effect Jan. 1, but it won't be enforced until July.
Privacy Notices
Some companies, including Amazon and Snapchat, claim in their privacy notices that they do not sell personal information of consumers. Relatively few companies doing business in California, in fact, acknowledge selling personal information, Tolvanen says. [...]

Tolvanen observes: "So as we can see, personal information is still being disclosed to third parties as always, but consumers don't often have any choice and control for opting out due to the broad definition of 'service providers'."
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Other Concerns
CCPA also gives consumers the right to know how their data is getting used and the kind of data that is being collected.
But Tolvanen claims that many companies are coming up short when it comes to making such disclosures.

For instance, the Uber App collects all sorts of data from customers - how they rate their drivers, their address and their daily Uber rides. But when a customers leveraged his CCPA rights and asked Uber about the kind of data it collects, Uber chose to not to reveal everything, according to a report in the Washington Post.
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ronjor · Jan 29, 2020

Powerful ad groups ask California to delay its landmark online privacy law

Megan Graham@megancgraham Jan 29 2020
Key Points
Five major advertising trade groups are asking California Attorney General Xavier Becerra to delay his office’s enforcement of California’s new privacy law, the California Consumer Protection Act.
The groups are asking for a six-month period for companies to implement final regulations following their release.
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guest · Jan 30, 2020

A Primer on the California Consumer Privacy Act
January 30, 2020
https://blog.radware.com/security/2020/01/a-primer-on-the-california-consumer-privacy-act/

The CCPA (California Consumer Privacy Act) aims to protect the privacy of consumers in the state, home to Silicon Valley and tech giants such as Google, Facebook, Apple and many others. This law paves the way for other US states to roll out similar legislation to protect consumer privacy, setting a precedent for stricter overall US data protection standards.

Indeed, it appears that the scope of the CCPA will create a stir, just like GDPR did, when we look at the law’s security and compliance requirements.
What is the CCPA and How is It Different from GDPR?
At its core, the CCPA is a data protection policy to ensure that the privacy rights of internet users in California are seriously enforced, and that consumers have the authority to control access to and usage of their private data. The central focus of this regulation is like that of GDPR. [...]
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hawki · Feb 6, 2020

"Don’t sell my data! Now there’s a law for that — if you jump through these hoops

How to take advantage of America's first broad data privacy law, the California Consumer Privacy Act — even if you don't live in California.

You can ask companies to access, delete and stop selling your data using the new California Consumer Privacy Act. In many cases, it works even if you don’t live in California...

Americans living anywhere can use the CCPA to reset their relationships with more than a dozen major businesses (and counting)...."

https://www.washingtonpost.com/technology/2020/02/06/ccpa-faq/?arc404=true

ronjor · Feb 8, 2020

California’s new privacy law is off to a rocky start

Zack Whittaker@zackwhittaker February 8, 2020
Privacy startups are trying to help. One got it wrong.
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Minimalist · Feb 10, 2020

4 Consumer Rights Under the CCPA You Need to Know

Human rights are entitlements based on shared values like fairness, respect, equality, and independence. They belong to everyone, no matter where they’re born or how they live.

But is privacy a human right? Or is it a privilege?

We turned to Michelle Dennedy, CEO of the data company DrumWave to get some answers about privacy and consumer rights under the CCPA.
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https://blog.avira.com/4-consumer-rights-under-the-ccpa-you-need-to-know/

ronjor · Feb 16, 2020

California’s data privacy rules get clearer

Michael Osakwe@SFBayOsakwe February 16, 2020
On Friday, February 7, the California Office of the Attorney General (CAG) published a “notice of modifications” to the California Consumer Privacy Act (CCPA), followed by an update on Monday, February 10. Although the CCPA is now law, the rulemaking process is still ongoing, with a final draft of the law expected sometime before the anticipated enforcement date of July 1, 2020. The CAG is now accepting public comments on these proposed modifications until Tuesday, February 25.
While the latest update doesn’t provide us with the final regulations, it offers much needed clarity in several key areas.
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guest · Feb 26, 2020

EFF Files Comments Criticizing Proposed CCPA Regulations
February 25, 2020
https://www.eff.org/deeplinks/2020/02/eff-files-comments-criticizing-proposed-ccpa-regulations

Today, EFF joined a coalition of privacy advocates in filing comments with the California Attorney General regarding its ongoing rulemaking process for the California Consumer Privacy Act (CCPA). The CCPA was passed in 2018, and took effect on January 1, 2020. Later this year, the Attorney General (AG) will finalize regulations that dictate how exactly the law will be enforced.

Furthermore, the new regulations make it harder for consumers to exercise their right to opt out of the sale of their personal information. The proposed opt-out icon, which businesses will be required to display on their websites, is confusing; independent research has shown that many users don’t understand what it means.
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guest · Mar 23, 2020

California AG Further Revises Modified CCPA Regulations
March 23, 2020
https://www.mondaq.com/unitedstates...-AG-Further-Revises-Modified-CCPA-Regulations

On March 12, 2020, the California Attorney General ("California AG") released a second set of modified regulations ("Second Set of Modifications") for the California Consumer Privacy Act ("CCPA") that further revise the modified regulations released by the California AG on February 10, 2020 ("First Set of Modifications," which we analyzed first version being released on October 11, 2019 (that we summarized here).

Comments to the Second Set of Modifications are due no later than 5:00 p.m. PST on March 27, 2020.
Below are highlights of major changes from the Second Set of Modifications compared to the First Set of Modifications: [...]
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As a reminder, the California AG can begin enforcing the CCPA on July 1, 2020.
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guest · Mar 31, 2020

mood said: ↑

California AG Further Revises Modified CCPA Regulations
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Opt-out button gets scrapped in latest round of CCPA amendments
March 27, 2020
https://portswigger.net/daily-swig/opt-out-button-gets-scrapped-in-latest-round-of-ccpa-amendments

An obligatory website icon aimed at providing consumers with a visual indication that they can opt out of their personal data being sold has been scrapped in the latest series of amendments to California’s upcoming state privacy law.

The icon was meant to communicate to consumers their right to opt out of their personal data being sold to third parties – a measure that was put forward in the CCPA legislation and a source of substantial controversy between privacy advocates and enterprise alike.
Critics were concerned that “the button would generate significant confusion”, Oberly said in an email to The Daily Swig.

“While the button looked like it would operate like a ‘switch’ to effect an opt out – the regulations required that the button actually operate as a link to the company’s Notice of Right to Opt-Out,” he said.
Rush towards compliance
Despite some of the appearing relaxation to privacy measures, businesses have still expressed concerns over the short three-month period they now have left to attain CCPA compliance ahead of the enforcement date.
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guest · Apr 10, 2020

In Response to Covid-19, CA AG Declines to Change CCPA Timing
April 7, 2020
https://www.alstonprivacy.com/in-re...-delay-cybersecurity-and-privacy-enforcement/

According to a report from the International Association of Privacy Professionals, the California Attorney General has confirmed that enforcement of the California Consumer Privacy Act (CCPA) will not be delayed due to the Covid-19 pandemic.

“We’re committed to enforcing the law as early as July 1,” said a representative of the Attorney General’s office according to the report.
The statement from the Attorney General’s office goes on to emphasize the importance of data security, which may suggest that data security will be an initial focus of enforcement efforts.

Apart from public enforcement by the Attorney General, private litigants are already actively litigating claims based on the law, reflecting the fact that the law became generally effective on January 1.
Current class-action lawsuits focus on notice requirements, security requirements, and opt-out requirements under the CCPA, including claims in the context of data sharing with third parties for marketing purposes (such as Facebook).
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Alston & Bird has previously covered the California Consumer Privacy Act’s enactment, private right of action, and offered a webinar on operationalizing CCPA requirements.
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guest · Jun 6, 2020

California AG posts final proposed CCPA Regulations and offers insights ahead of July 1 enforcement deadline
June 5, 2020
https://blogs.dlapiper.com/privacym...nsights-ahead-of-july-1-enforcement-deadline/

The California Attorney General has posted the final proposed CCPA Regulations, which were submitted to the California Office of Administrative Law (OAL) on June 1, 2020. The final proposed regulations are virtually unchanged from the prior version, posted on March 11. (You can review our analysis of the prior version here.)

Along with the final proposed CCPA regulations, the AG also posted its Final Statement of Reasons (FSOR). The FSOR provides some interesting insights into the AG’s views and potential positions on certain issues.
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Regardless of the date the regulations take effect, the AG’s Office has now made a final statement on what it intends the regulations to require. This means that companies can proceed to finalize their CCPA compliance programs without worrying about further changes to their CCPA regulation requirements.
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ronjor · Jun 19, 2020

CCPA: How to prepare for California's new privacy law before enforcement starts July 1

by Veronica Combs in Security on June 19, 2020
For businesses preparing to comply with California's new data privacy law, the first challenge is figuring out how much data is covered by the law. The next is collecting all of that information in one place.
California's attorney general, Xavier Becerra, will start enforcing the California Consumer Protection Act law on July 1. Companies have to provide residents of the state with a copy of any personal data they have and show that they are taking reasonable security measures to protect that data.
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ronjor · Jul 1, 2020

California begins enforcing digital privacy law, despite calls for delay

By Rachel Lerman July 1, 2020
Measure took effect in January, with a six-month grace period
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guest · Aug 14, 2020

CCPA Privacy Regulations Are Approved and Effective Immediately
August 14, 2020
https://www.adlawaccess.com/2020/08...tions-are-approved-and-effective-immediately/

The California Office of Administrative Law today approved the CCPA Regulations that the California Attorney General submitted in June, and the regulations are effective immediately. As we discussed here, the now-final regulations, for the most part, substantively match those that the AG released in March, with a few notable changes.

Significantly, the AG has removed the shortened “Do Not Sell My Info” language throughout the final regulations to align with the statutory language. While the final regulations do not explicitly prohibit abbreviations, this removal indicates that businesses must include the full “Do Not Sell My Personal Information” language in their website link to an opt-out request.
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The Addendum to the Final Statement of Reasons also identifies four other provisions that the AG has “withdrawn”: [...]
While the Addendum does not provide any rationale for these withdrawals, it notes that the AG “may resubmit [the withdrawn] section[s] after further review and possible revision.”
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guest · Aug 22, 2020

CCPA Final Regulations, with a Few Unexpected Changes
August 19, 2020
https://www.bakerdatacounsel.com/ccpa/ccpa-final-regulations-with-a-few-unexpected-changes/

On Friday, August 14, 2020, California Attorney General Xavier Becerra announced approval by the Office of Administrative Law (OAL) of final regulations (Final Regs) under the California Consumer Privacy Act (CCPA).
During OAL’s review process, additional revisions were made to the proposed regulations.

We discuss below the business impact of the approved regulations as of August 14, how to interpret the withdrawal of the four proposed sections and what to expect going forward, which likely includes further rulemaking to address some of the proposed provisions that have been withdrawn.
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guest · Sep 13, 2020

Complying with Newly Finalized CCPA Regulations
September 10, 2020
https://www.morganlewis.com/pubs/complying-with-newly-finalized-ccpa-regulations

Now that the regulations are final, affected businesses must finalize their CCPA compliance programs if they have not already done so.

However, it is important to note that the act is still undergoing changes, including a pending ballot initiative (the California Privacy Rights and Enforcement Act of 2020 (CPREA)) and AB 1281, which extends employment and business-to-business exemptions.
Here are some key takeaways of what companies need to know to navigate the ongoing changes, manage potential enforcement actions, and create an effective compliance program.
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