California Has 48 Hours to Pass this Privacy Bill or Else

guest · Oct 4, 2020

Mid-Year Report on CCPA Trends
October 1, 2020
https://www.dataprivacyandsecurityinsider.com/2020/10/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 the time, more than access rights (at 21 percent) and deletion requests (at 31 percent).

Overall, according to this report, about 83 percent of consumers expect to have control over how businesses use their data, and this research confirms that people are taking action to control their privacy by exercising rights provided by the CCPA.
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When the CCPA first went into effect in January 2020, DataGrail found that Californians began exercising those rights right away. In January 2020, there was actually a surge of individual requests to exercise their rights granted under the CCPA.
Since that initial surge, such requests have leveled off at about 13 requests per million records every month.
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Mid-Year CCPA Trends Report 2020 (PDF): https://www.datagrail.io/reports/ccpa-dsar-trends-2020/ccpa-dsar-report-h1-2020-2/

guest · Oct 12, 2020

The CCPA Is Here: What Financial Institutions Need to Know about the California Consumer Privacy Act
October 12, 2020
https://www.jdsupra.com/legalnews/the-ccpa-is-here-what-financial-10732/

As of January 1, 2020, the California Consumer Privacy Act of 2018 (CCPA) is now the law of the land, having gone into effect at the beginning of this year.

One of the more complex issues concerning the CCPA pertains to the extent to which financial institutions governed by the Gramm-Leach-Bliley Act (GLBA) must adhere to the mandates of the CCPA.
While California’s new privacy law does afford a carve-out for financial institutions, it does not provide a comprehensive, across-the-board “get out of jail free” card for the financial services industry.
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Consequently, at this juncture it is imperative that all covered financial institutions ensure that they are in compliance with the CCPA to minimize the potential liability risk that now exists for noncompliance with the law.
Please see full article below for more information.
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(PDF): https://www.jdsupra.com/post/fileServer.aspx?fName=bd828aa6-c2bb-4df0-a821-14f48a9d740c.pdf

guest · Oct 13, 2020

California outlaws wording, webpage buttons designed to hoodwink people into handing over their personal data
October 13, 2020
https://www.theregister.com/2020/10/13/california_updates_privacy/

California’s Attorney General has updated the state's data privacy regulations to outlaw shady semantics designed to confuse folks into handing over their data.

In an update to August's California Consumer Privacy Act (CCPA), the rules have now changed again. The modifications deal with so-called dark patterns, where tech companies use misleading language and site designs to push people into choosing options that share more personal data.
Even though some privacy advocates want data gathering turned off by default, the compromise reached by legislators is that people are given the option to turn it off.

“A business’s methods for submitting requests to opt-out shall be easy for consumers to execute and shall require minimal steps to allow the consumer to opt-out,” say the revised regs. “A business shall not use a method that is designed with the purpose or has the substantial effect of subverting or impairing a consumer’s choice to opt-out.”
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ronjor · Nov 5, 2020

Proposition 24 passes in California, pushing privacy rights to the forefront again

Laura Hautala Nov. 4, 2020
The ballot measure closes a loophole in an earlier privacy law.
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guest · Dec 17, 2020

California AG Releases Fourth Set of Proposed Modifications to CCPA Regulations
December 15, 2020
https://www.jdsupra.com/legalnews/california-ag-releases-fourth-set-of-42827/

On December 10, the California attorney general released the fourth set of proposed modifications (Proposed Modifications) to the implementing regulations of the CCPA. These Proposed Modifications come only one month after California voters passed the California Privacy Rights Act of 2020 (CPRA) into law.

The Proposed Modifications make minimal changes to the third set of proposed modifications released on October 12. The Proposed Modifications, if adopted, would require the following:

Offline Notice of the Right to Opt Out and Methods to Submit an Opt-Out Request for Businesses that Sell Personal Information Collected Offline. [...]

Opt-Out Button. The Proposed Modifications revive the ability for businesses to use an opt-out button in addition to posting a notice of right to opt out, which was included and later deleted in previous versions of the CCPA implementing regulations. [...]

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The Proposed Modifications are subject to a public comment period with a deadline to submit written comments by December 28, 2020 at 5 p.m. PST.
For information on how to comply with the CCPA, see Troutman Pepper’s article series on CCPA enforcement available here.
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