California Consumer Privacy Act

Can consent be considered “freely given” if the alternative is to pay 10, 20 or 100 times the market price of your data to keep it to yourself?

That is what noyb.eu is asking in new complaints against seven major German and Austrian news websites.

It’s important to note that a somewhat similar test requiring

Have you been leisurely following California Consumer Privacy Act (CCPA) litigation thinking, “That’s only for data breaches, not ‘soft’ violations.”

Think again.

California Attorney General Rob Bonta’s office has been busy enforcing CCPA for the past year.

Per a new enforcement report, you had better make sure that:

  • Your privacy policy is easily understood.
  • You

The Ohio Personal Privacy Act, also known as House Bill 376, is being considered in the Buckeye State.

Here are a few takeaways:

  • Enforcement by Attorney General only
  • Affirmative defense for companies that maintain and comply with a written privacy program that reasonably conforms with the NIST Privacy Framework.
  • “Business” include non-profits
  • Similar to Virginia

Children’s data isn’t child’s play.

If you have a product or service that collects information from children, you should:

  • Be transparent. No, really. And figure out the best ways to be transparent for kids, which includes just in time notices, video and audio. It is a good idea to enlist the help of UX/CX experts

U.S. Senator Edward J. Markey of Massachusetts has introduced the “Algorithmic Justice and Online Platform Transparency Act.”

If signed into law, the bill will impose several new requirements on online platforms:

  • Transparency – including explaining the information collected, how it is used (for advertising and/or content moderation), method by which the type of algorithmic process

North Dakota, Utah, Washington State. .. all three have recently introduced new pieces of data privacy legislation.

UTAH

Utah State Rep. Walt Brooks, has introduced House Bill 80, which creates an “affirmative defense” for companies in lawsuits over data breaches, provided they can prove that they maintain up-to-date data security.

“It doesn’t give them immunity and it doesn’t release them from liability especially if they’re negligent,” said Brooks.

Another bill introduced in the legislature regulates the state’s use of facial recognition technology.

House Majority Leader Francis Gibson, has introduced House Bill 243, which creates a statewide “privacy officer” to look at how state and local governments use some tech and whether or not people’s personal information is protected.

Details from Fox 13 in Salt Lake City


Continue Reading New Data Privacy Legislation Introduced in West, Mountain States

Assembly Bill 335 has been introduced in the California legislature to amend the California Consumer Privacy Act (CCPA) to include an exception for watercraft-related information.

The bill would expand the “vehicle information” exception, and states that if a vessel dealer shares vessel information or ownership information with a vessel manufacturer for the purpose of effectuating,

Lawmakers in Oklahoma have introduced a new privacy bill.

The state’s new privacy bill imposes a duty of posting a detailed data privacy disclosure for the collection of personal information on a website. If passed, it will be effective November 2021.

Disclosure includes:

  • categories of personal information collected
  • specific pieces of personal information
  • purposes of

A new consumer data protection bill has been introduced in the Virginia Senate.

Of note:

  • “Consumer” terminology is here to stay but the bill uses the General Data Protection Regulation’s terms “personal data” and “processor/controller” with the related obligations as well as some re: data processing agreements
  • Consumer rights including knowledge, access, rectification, deletion and