Earlier this month, the California Privacy Protection Agency (CPPA) issued its first-ever enforcement advisory (No. 2024-01). The advisory addresses what it calls the “foundational principle” of data minimization, and more specifically, as applied to the processing of consumer requests.Continue Reading The CPPA Signals Focus on Data Minimization and Consumer Requests

The CPPA, the California regulatory body charged with enforcing CCPA, recently released draft regulations for use of automated decisionmaking technology. The draft comes under the law’s requirements for the agency to issue regulations on the topic. Under the law, automated decisionmaking technology is discussed in relation to profiling. Profiling is defined as “any form of automated processing of personal information” to analyze or predict people’s work performance, health, personal preferences, and the like. However, what constitutes “automated decisionmaking technology” is not defined.Continue Reading California Releases Automated Decision Rules in Draft

California recently passed a groundbreaking new law aimed at further regulating the data broker industry. California is already one of only three states (along with Oregon and Vermont) that require data brokers—businesses that collect and sell personal information from consumers with whom the business does not have a direct relationship—to meet certain registration requirements.Continue Reading California’s “Delete Act” Significantly Expands Requirements for Data Brokers

Among the various requirements under US state comprehensive privacy laws, those that relate to loyalty programs may be some of the most confusing. Only three states — California, Colorado and Florida — regulate these programs. How they do this varies, and the level of detail contained in the laws also varies. In California and Florida, the laws’ impact on loyalty programs is in how they define “financial incentives.” These are times when a company “pays” a consumer for their personal information. This might occur with a straight cash payment. More common though, is optimized pricing or providing a higher quality of services in exchange for getting personal information. For those who offer loyalty programs, depending on how they are operated, they may viewed as be financial incentives under these laws. Colorado’s comprehensive privacy law, on the other hand, imposes obligations on companies that operate “bona fide loyalty programs.” These are defined as programs where information is processed solely to provide the program’s benefits. Benefits must be -like in California- better pricing or quality of services.Continue Reading The Comprehensive Privacy Law Deluge: Impact on Loyalty Programs

The CPPA, the California regulatory body charged with enforcing CCPA, has now issued draft regulations on risk assessments and cybersecurity audits. The draft was released ahead of a public board meeting to discuss those topics (among other things).Continue Reading What Do the CPPA’s Draft Regulations on Risk Assessments and Cybersecurity Audits Mean for Companies?

The enforcement division of the California Privacy Protection Agency (CPPA) recently announced it intends to review the privacy practices of connected vehicles. The driving force behind the review is the technologies in connected cars that raise privacy concerns. These include location sharing and smartphone integration. Connected cars often also have cameras and web-based entertainment systems. These cars—and the technologies in them—may monitor people both in the car and outside of it. For many Californians, the car is part of their daily routines. Connected vehicles can effectively becoming a constant data generator.Continue Reading California Regulator Drives Inquiry into Vehicle Data

When thinking about privacy notice obligations, companies often -incorrectly- leap to the wording in their privacy policies. The new comprehensive state privacy laws are a reminder that notice obligations are a bit broader than mere privacy policies. To the extent that these laws apply to your organization (see our prior applicability post) there are some notice-related obligations to keep in mind.Continue Reading The Comprehensive Privacy Law Deluge: Approaching Notice Obligations