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Last week, the President signed the Internet of Things (IoT) Cybersecurity Improvement Act into law, kicking off a multi-year process that will culminate in the first-ever federal requirements for IoT devices. Under the law, the National Institute of Standards & Technology (NIST) is now charged with drafting and finalizing security requirements for IoT devices, as

On November 3, 2020, California voters approved California Proposition 24, also known as the California Privacy Rights Act of 2020, or CPRA. The CPRA expands protections afforded to personal information, building off of the California Consumer Privacy Act (CCPA), which took effect in January of this year. While some of the CPRA changes will take effect immediately, most will not become enforceable until July 1, 2023, and apply only to personal information collected after January 1, 2022.

Key Changes to CA Privacy Law

At 54 pages long, the CPRA makes numerous changes to the CCPA, ranging from minor revisions to the introduction of new concepts and the creation of several new consumer rights. Some of the most impactful changes are discussed below. A series of future client alerts will explore the nuances of these changes in greater detail.

Sensitive Personal Data

The CPRA establishes new rules for a category of “sensitive personal information,” which includes, for example, genetic data and religious or philosophical beliefs, and is defined as personal information that reveals:

(1)

  1. a consumer’s social security, driver’s license, state identification card, or passport number;
  2. a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account;
  3. a consumer’s precise geolocation;
  4. a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership;
  5. the contents of a consumer’s mail, email and text messages, unless the business is the intended recipient of the communication; and
  6. a consumer’s genetic data; and

(2)

  1.  the processing of biometric information for the purpose of uniquely identifying a consumer;
  2.  personal information collected and analyzed concerning a consumer’s health; or
  3.  personal information collected and analyzed concerning a consumer’s sex life or sexual orientation.

This definition is among the most impactful changes in the CPRA, given the breadth of data that it sweeps in, along with the creation of new disclosure and opt-out rights associated with “sensitive personal information.” These changes will likely require covered businesses to dive into their data, map it, and ensure they are compliant.

In addition, the CPRA creates a right for consumers to “limit use and disclosure of sensitive personal information.” Similar to existing CCPA opt-out rights, beginning in 2023, consumers may direct businesses that collect sensitive personal information to limit its use to that “which is necessary to perform the services or provide the goods reasonably expected by an average consumer” or to perform a small subset of specifically identified exempt services. Significantly, exemptions to the opt-out will include short-term, transient advertising, and “performing services on behalf of the business,” but not general advertising and marketing, nor long-term profiling or behavioral marketing technologies.
Continue Reading CCPA 2.0? California Adopts Sweeping New Data Privacy Protections

On August 14, 2020, California Attorney General Xavier Becerra released final implementing regulations for the California Consumer Privacy Act (CCPA). The CCPA became enforceable on July 1, 2020, and Becerra’s office submitted a final proposed draft of the regulations to the California Office of Administrative Law (OAL) on June 1, 2020. The Proposed Regulations have gone through several revisions since the publication of the initial draft in October of 2019. The OAL approved the final version along with an updated Addendum to the Final Statement of Reasons. The final implementing regulations take effect immediately. All businesses subject to the CCPA must now comply with both the statute and the regulations.

The final implementing regulations are similar to the draft proposed in June. However, the AG’s office has made several changes it characterizes as “non-substantive” and withdrawn certain proposed provisions “for additional consideration.” The “non-substantive” changes are intended to improve consistency in language (e.g., ensuring “consumer” is used throughout the regulations, or reorganizing definitions in alphabetical order) and are described in detail in the Addendum to the Final Statement of Reasons.

Continue Reading California Approves Final CCPA Regulations


On March 11, 2020, California’s Office of the Attorney General (OAG) released a second set of proposed revisions to the California Consumer Privacy Act (CCPA) draft regulations originally released in 2019 (Proposed Regulations).

The latest revisions, available here, are substantial and come in response to public comments submitted to the OAG during a 15-day

California businesses have been nervously waiting for the first class action asserting a violation of California’s now-infamous California Consumer Privacy Act (CCPA).

The wait is now over.

The CCPA, a consumer privacy law that Crowell & Moring has analyzed and written about at length provides California consumers with a private right of action when

On February 7, 2020, California’s Office of the Attorney General (OAG) released proposed revisions to the California Consumer Privacy Act (CCPA) draft regulations of 2019.

The proposed revisions, available here, are substantial and come in response to public comments submitted to the OAG last year. The revisions and a new deadline of February 24,

On January 1, 2020, California’s landmark privacy law, the California Consumer Privacy Act (CCPA), took effect. The CCPA imposes various obligations on covered businesses and provides extensive rights to consumers with respect to controlling the collection and use of their personal information. While some companies have largely completed their CCPA compliance efforts, many others are

An Analysis of the Requirement to Verify Consumer Requests and Parental Consents

On October 10, 2019, California Attorney General Xavier Becerra announced a long-awaited notice of proposed rulemaking and draft regulations for the California Consumer Privacy Act (CCPA), California’s new consumer privacy law, which we have analyzed here and here.

In parts one and

On October 10, 2019, California Attorney General Xavier Becerra announced a long-awaited notice of proposed rulemaking and draft regulations for the California Consumer Privacy Act (CCPA), California’s new consumer privacy law, which we have analyzed here and here.

In part one of our multi-part series regarding the draft CCPA regulations, we focused on businesses’

On October 10, 2019, California Attorney General Xavier Becerra announced a long-awaited notice of proposed rulemaking and draft regulations for the California Consumer Privacy Act (CCPA), California’s new consumer privacy law, which we have analyzed here and here.

In this first part of our multi-part series on the CCPA regulations, we will focus on